SF 1211

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to metropolitan government; establishing the 
  1.3             metropolitan waste control commission; transferring 
  1.4             certain duties from the metropolitan council to the 
  1.5             commission; transferring tax levies; amending 
  1.6             Minnesota Statutes 1996, sections 115.54; 115.741, 
  1.7             subdivision 2; 116.16, subdivision 2; 116.182, 
  1.8             subdivision 1; 275.066; 352.04, subdivision 6; 
  1.9             352D.02, subdivision 1; 422A.01, subdivision 9; 
  1.10            422A.101, subdivision 2a; 471.591, subdivision 1; 
  1.11            473.121, subdivisions 5a, 24, and by adding a 
  1.12            subdivision; 473.129, subdivisions 1, 3, 8, and 9; 
  1.13            473.504, subdivisions 4, 5, 6, 9, 10, 11, 12, and by 
  1.14            adding subdivisions; 473.505; 473.511; 473.512, 
  1.15            subdivision 1; 473.513; 473.515; 473.5155, subdivision 
  1.16            1; 473.516; 473.517, subdivisions 1, 2, 3, 6, and 9; 
  1.17            473.519; 473.521; 473.523; 473.535; 473.541; 473.542; 
  1.18            473.543; 473.545; 473.547; and 473.549; proposing 
  1.19            coding for new law in Minnesota Statutes, chapter 473. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  Minnesota Statutes 1996, section 115.54, is 
  1.22  amended to read: 
  1.23     115.54 [TECHNICAL ADVISORY COMMITTEE.] 
  1.24     The agency shall adopt and revise rules governing waste 
  1.25  water treatment control under this chapter or chapter 116 only 
  1.26  with the advice of a technical advisory committee of seven 
  1.27  members.  One member of the committee shall be selected by each 
  1.28  of the following:  the state Consulting Engineers Council, the 
  1.29  Minnesota chapter of the Central States Water Pollution Control 
  1.30  Federation, the Association of Minnesota Counties, the state 
  1.31  Wastewater Treatment Plant Operators Association, the 
  1.32  metropolitan council waste control commission, the state 
  2.1   Association of Small Cities, and the League of Minnesota 
  2.2   Cities.  The technical advisory committee may review and advise 
  2.3   the agency on any rule or technical requirements governing the 
  2.4   wastewater treatment grant or loan program and may review the 
  2.5   work of other professional persons working on a wastewater 
  2.6   treatment project and make recommendations to those persons, the 
  2.7   agency, and the concerned municipality, in order for the agency 
  2.8   to ensure that water quality treatment standards will be met.  
  2.9   The committee shall meet at least once a year, or at the call of 
  2.10  the chair, and shall elect its chair.  The agency must provide 
  2.11  staff support for the committee, prepare committee minutes, and 
  2.12  provide information to the committee it may request.  A quorum 
  2.13  is a simple majority and official action must be by a majority 
  2.14  vote of the quorum.  The committee expires as provided in 
  2.15  section 15.059, subdivision 5. 
  2.16     Sec. 2.  Minnesota Statutes 1996, section 115.741, 
  2.17  subdivision 2, is amended to read: 
  2.18     Subd. 2.  [GEOGRAPHIC REPRESENTATION.] At least one of the 
  2.19  water supply system operators and at least one of the wastewater 
  2.20  treatment facility operators must be from outside the 
  2.21  seven-county metropolitan area and one wastewater operator must 
  2.22  come from the metropolitan council wastewater services waste 
  2.23  control commission. 
  2.24     Sec. 3.  Minnesota Statutes 1996, section 116.16, 
  2.25  subdivision 2, is amended to read: 
  2.26     Subd. 2.  [DEFINITIONS.] In this section and sections 
  2.27  116.17 and 116.18: 
  2.28     (1) Agency means the Minnesota pollution control agency 
  2.29  created by this chapter; 
  2.30     (2) Municipality means any county, city, town, the 
  2.31  metropolitan council waste control commission, or an Indian 
  2.32  tribe or an authorized Indian tribal organization, and any other 
  2.33  governmental subdivision of the state responsible by law for the 
  2.34  prevention, control, and abatement of water pollution in any 
  2.35  area of the state; 
  2.36     (3) Water pollution control program means the Minnesota 
  3.1   state water pollution control program created by subdivision 1; 
  3.2      (4) Bond account means the Minnesota state water pollution 
  3.3   control bond account created in the state bond fund by section 
  3.4   116.17, subdivision 4; 
  3.5      (5) Terms defined in section 115.01 have the meanings 
  3.6   therein given them; 
  3.7      (6) The eligible cost of any municipal project, except as 
  3.8   otherwise provided in clause (7), includes (a) preliminary 
  3.9   planning to determine the economic, engineering, and 
  3.10  environmental feasibility of the project; (b) engineering, 
  3.11  architectural, legal, fiscal, economic, sociological, project 
  3.12  administrative costs of the agency and the municipality, and 
  3.13  other investigations and studies; (c) surveys, designs, plans, 
  3.14  working drawings, specifications, procedures, and other actions 
  3.15  necessary to the planning, design, and construction of the 
  3.16  project; (d) erection, building, acquisition, alteration, 
  3.17  remodeling, improvement, and extension of disposal systems; (e) 
  3.18  inspection and supervision of construction; and (f) all other 
  3.19  expenses of the kinds enumerated in section 475.65; 
  3.20     (7) For state grants under the state independent grants 
  3.21  program, the eligible cost includes the acquisition of land for 
  3.22  stabilization ponds, the construction of collector sewers for 
  3.23  totally unsewered statutory and home rule charter cities and 
  3.24  towns described under section 368.01, subdivision 1 or 1a, that 
  3.25  are in existence on January 1, 1985, and the provision of 
  3.26  reserve capacity sufficient to serve the reasonable needs of the 
  3.27  municipality for 20 years in the case of treatment works and 40 
  3.28  years in the case of sewer systems.  For state grants under the 
  3.29  state independent grants program, the eligible cost does not 
  3.30  include the provision of service to seasonal homes, or cost 
  3.31  increases from contingencies that exceed three percent of as-bid 
  3.32  costs or cost increases from unanticipated site conditions that 
  3.33  exceed an additional two percent of as-bid costs; 
  3.34     (8) Authority means the Minnesota public facilities 
  3.35  authority established in section 446A.03. 
  3.36     Sec. 4.  Minnesota Statutes 1996, section 116.182, 
  4.1   subdivision 1, is amended to read: 
  4.2      Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
  4.3   section, the terms defined in this subdivision have the meanings 
  4.4   given them. 
  4.5      (b) "Agency" means the pollution control agency. 
  4.6      (c) "Authority" means the public facilities authority 
  4.7   established in section 446A.03. 
  4.8      (d) "Commissioner" means the commissioner of the pollution 
  4.9   control agency. 
  4.10     (e) "Essential project components" means those components 
  4.11  of a wastewater disposal system that are necessary to convey or 
  4.12  treat a municipality's existing wastewater flows and loadings, 
  4.13  and future wastewater flows and loadings based on the projected 
  4.14  residential growth of the municipality for a 20-year period. 
  4.15     (f) "Municipality" means a county, home rule charter or 
  4.16  statutory city, town, the metropolitan council waste control 
  4.17  commission, an Indian tribe or an authorized Indian tribal 
  4.18  organization; or any other governmental subdivision of the state 
  4.19  responsible by law for the prevention, control, and abatement of 
  4.20  water pollution in any area of the state. 
  4.21     Sec. 5.  Minnesota Statutes 1996, section 275.066, is 
  4.22  amended to read: 
  4.23     275.066 [SPECIAL TAXING DISTRICTS; DEFINITION.] 
  4.24     For the purposes of property taxation and property tax 
  4.25  state aids, the term "special taxing districts" includes the 
  4.26  following entities: 
  4.27     (1) watershed districts under chapter 103D; 
  4.28     (2) sanitary districts under sections 115.18 to 115.37; 
  4.29     (3) regional sanitary sewer districts under sections 115.61 
  4.30  to 115.67; 
  4.31     (4) regional public library districts under section 
  4.32  134.201; 
  4.33     (5) park districts under chapter 398; 
  4.34     (6) regional railroad authorities under chapter 398A; 
  4.35     (7) hospital districts under sections 447.31 to 447.38; 
  4.36     (8) St. Cloud metropolitan transit commission under 
  5.1   sections 458A.01 to 458A.15; 
  5.2      (9) Duluth transit authority under sections 458A.21 to 
  5.3   458A.37; 
  5.4      (10) regional development commissions under sections 
  5.5   462.381 to 462.398; 
  5.6      (11) housing and redevelopment authorities under sections 
  5.7   469.001 to 469.047; 
  5.8      (12) port authorities under sections 469.048 to 469.068; 
  5.9      (13) economic development authorities under sections 
  5.10  469.090 to 469.1081; 
  5.11     (14) metropolitan council and metropolitan waste control 
  5.12  commission under sections 473.123 to 473.549; 
  5.13     (15) metropolitan airports commission under sections 
  5.14  473.601 to 473.680; 
  5.15     (16) metropolitan mosquito control commission under 
  5.16  sections 473.701 to 473.716; 
  5.17     (17) Morrison county rural development financing authority 
  5.18  under Laws 1982, chapter 437, section 1; 
  5.19     (18) Croft Historical Park District under Laws 1984, 
  5.20  chapter 502, article 13, section 6; 
  5.21     (19) East Lake county medical clinic district under Laws 
  5.22  1989, chapter 211, sections 1 to 6; 
  5.23     (20) Floodwood area ambulance district under Laws 1993, 
  5.24  chapter 375, article 5, section 39; and 
  5.25     (21) any other political subdivision of the state of 
  5.26  Minnesota, excluding counties, school districts, cities, and 
  5.27  towns, that has the power to adopt and certify a property tax 
  5.28  levy to the county auditor, as determined by the commissioner of 
  5.29  revenue. 
  5.30     Sec. 6.  Minnesota Statutes 1996, section 352.04, 
  5.31  subdivision 6, is amended to read: 
  5.32     Subd. 6.  [QUASI-STATE AGENCIES; EMPLOYER CONTRIBUTIONS.] 
  5.33  For those of their employees who are covered by the system, the 
  5.34  state horticultural society, the Disabled American Veterans, 
  5.35  Department of Minnesota, Veterans of Foreign Wars, Department of 
  5.36  Minnesota, the Minnesota crop improvement association, the 
  6.1   Minnesota historical society, the armory building commission, 
  6.2   the Minnesota safety council, the metropolitan council and any 
  6.3   of its statutory boards, metropolitan waste control commission, 
  6.4   the employer of persons described in section 352.01, subdivision 
  6.5   2a, paragraph (a), clause (15), and any other agency employing 
  6.6   employees covered by this system, respectively, shall also pay 
  6.7   into the retirement fund the amount required by subdivision 3. 
  6.8      Sec. 7.  Minnesota Statutes 1996, section 352D.02, 
  6.9   subdivision 1, is amended to read: 
  6.10     Subdivision 1.  [COVERAGE.] (a) Employees enumerated in 
  6.11  paragraph (b), if they are in the unclassified service of the 
  6.12  state or metropolitan council or metropolitan waste control 
  6.13  commission and are eligible for coverage under the general state 
  6.14  employees retirement plan under chapter 352, are participants in 
  6.15  the unclassified program under this chapter unless the employee 
  6.16  gives notice to the executive director of the Minnesota state 
  6.17  retirement system within one year following the commencement of 
  6.18  employment in the unclassified service that the employee desires 
  6.19  coverage under the general state employees retirement plan.  For 
  6.20  the purposes of this chapter, an employee who does not file 
  6.21  notice with the executive director is deemed to have exercised 
  6.22  the option to participate in the unclassified plan. 
  6.23     (b) Enumerated employees are: 
  6.24     (1) an employee in the office of the governor, lieutenant 
  6.25  governor, secretary of state, state auditor, state treasurer, 
  6.26  attorney general, or an employee of the state board of 
  6.27  investment; 
  6.28     (2) the head of a department, division, or agency created 
  6.29  by statute in the unclassified service, an acting department 
  6.30  head subsequently appointed to the position, or an employee 
  6.31  enumerated in section 15A.081, subdivision 1 or 15A.083, 
  6.32  subdivision 4; 
  6.33     (3) a permanent, full-time unclassified employee of the 
  6.34  legislature or a commission or agency of the legislature or a 
  6.35  temporary legislative employee having shares in the supplemental 
  6.36  retirement fund as a result of former employment covered by this 
  7.1   chapter, whether or not eligible for coverage under the 
  7.2   Minnesota state retirement system; 
  7.3      (4) a person who is employed in a position established 
  7.4   under section 43A.08, subdivision 1, clause (3), or in a 
  7.5   position authorized under a statute creating or establishing a 
  7.6   department or agency of the state, which is at the deputy or 
  7.7   assistant head of department or agency or director level; 
  7.8      (5) the regional administrator, or executive director of 
  7.9   the metropolitan council, general counsel, division 
  7.10  directors, operations managers, and other positions as 
  7.11  designated by the metropolitan council, all of which may not 
  7.12  exceed 27 eight positions at the council and the chair, the 
  7.13  chief administrator, and the operations manager of the 
  7.14  metropolitan waste control commission, provided that upon 
  7.15  initial designation of all positions provided for in this 
  7.16  clause, no further designations or redesignations may be made 
  7.17  without approval of the board of directors of the Minnesota 
  7.18  state retirement system; 
  7.19     (6) the executive director, associate executive director, 
  7.20  and not to exceed nine positions of the higher education 
  7.21  services office in the unclassified service, as designated by 
  7.22  the higher education services office before January 1, 1992, or 
  7.23  subsequently redesignated with the approval of the board of 
  7.24  directors of the Minnesota state retirement system, unless the 
  7.25  person has elected coverage by the individual retirement account 
  7.26  plan under chapter 354B; 
  7.27     (7) the clerk of the appellate courts appointed under 
  7.28  article VI, section 2, of the Constitution of the state of 
  7.29  Minnesota; 
  7.30     (8) the chief executive officers of correctional facilities 
  7.31  operated by the department of corrections and of hospitals and 
  7.32  nursing homes operated by the department of human services; 
  7.33     (9) an employee whose principal employment is at the state 
  7.34  ceremonial house; 
  7.35     (10) an employee of the Minnesota educational computing 
  7.36  corporation; 
  8.1      (11) an employee of the world trade center board; and 
  8.2      (12) an employee of the state lottery board who is covered 
  8.3   by the managerial plan established under section 43A.18, 
  8.4   subdivision 3. 
  8.5      Sec. 8.  Minnesota Statutes 1996, section 422A.01, 
  8.6   subdivision 9, is amended to read: 
  8.7      Subd. 9.  "Public corporation" includes metropolitan 
  8.8   airports commission, metropolitan council, metropolitan waste 
  8.9   control commission, and municipal employees retirement fund. 
  8.10     Sec. 9.  Minnesota Statutes 1996, section 422A.101, 
  8.11  subdivision 2a, is amended to read: 
  8.12     Subd. 2a.  [CONTRIBUTIONS BY METROPOLITAN COUNCIL, AIRPORTS 
  8.13  COMMISSION, AND METROPOLITAN COUNCIL WASTE CONTROL COMMISSION.] 
  8.14  The metropolitan airports commission and, the metropolitan 
  8.15  council and metropolitan waste control commission shall pay to 
  8.16  the Minneapolis employees retirement fund annually in 
  8.17  installments as specified in subdivision 3 the share of the 
  8.18  additional support rate required for full amortization of the 
  8.19  unfunded actuarial accrued liabilities by June 30, 2020, that is 
  8.20  attributable to employees of the airports commission or former 
  8.21  metropolitan waste control commission who are members of the 
  8.22  fund.  The amount of the payment shall be determined as if the 
  8.23  airport airports commission and metropolitan council's and waste 
  8.24  control commission's employer contributions determined under 
  8.25  subdivision 2 had also included a proportionate share of a 
  8.26  $1,000,000 annual employer amortization contribution.  The 
  8.27  amount of this $1,000,000 annual employer amortization 
  8.28  contribution that would have been allocated to the commission or 
  8.29  council or commissions would have been based on the share of the 
  8.30  fund's unfunded actuarial accrued liability attributed to 
  8.31  the commission or council or commissions compared to the total 
  8.32  unfunded actuarial accrued liability attributed to all employers 
  8.33  under subdivisions 1a and 2.  The determinations required under 
  8.34  this subdivision must be based on the most recent actuarial 
  8.35  valuation prepared by the actuary retained by the legislative 
  8.36  commission on pensions and retirement. 
  9.1      Sec. 10.  Minnesota Statutes 1996, section 471.591, 
  9.2   subdivision 1, is amended to read: 
  9.3      Subdivision 1.  In the beginning stage of the planning 
  9.4   process, and before preparation of any detailed technical plans 
  9.5   for the extension of municipal services into an unincorporated 
  9.6   area, a city shall meet at least once with the town board of the 
  9.7   affected area and the county planning commission, in joint 
  9.8   session, to review the plans and consider the comments of the 
  9.9   town board and the county planning commission.  The city may 
  9.10  thereafter proceed to undertake the proposed extension in 
  9.11  accordance with applicable law.  Any duly organized sewer 
  9.12  district or sanitary district created pursuant to special law or 
  9.13  pursuant to chapter 115 or, 116A, sections 473.501 to 473.549 or 
  9.14  473, or section 103F.801 is not affected by this section. 
  9.15     Sec. 11.  Minnesota Statutes 1996, section 473.121, 
  9.16  subdivision 5a, is amended to read: 
  9.17     Subd. 5a.  [METROPOLITAN AGENCY.] "Metropolitan agency" 
  9.18  means the metropolitan parks and open space commission, 
  9.19  metropolitan airports commission, metropolitan waste control 
  9.20  commission, and metropolitan sports facilities commission. 
  9.21     Sec. 12.  Minnesota Statutes 1996, section 473.121, 
  9.22  subdivision 24, is amended to read: 
  9.23     Subd. 24.  [METROPOLITAN DISPOSAL SYSTEM.] "Metropolitan 
  9.24  disposal system" means any or all of the interceptors or 
  9.25  treatment works owned or operated by the metropolitan council 
  9.26  waste control commission. 
  9.27     Sec. 13.  Minnesota Statutes 1996, section 473.121, is 
  9.28  amended by adding a subdivision to read: 
  9.29     Subd. 24a.  [METROPOLITAN WASTE CONTROL 
  9.30  COMMISSION.] "Metropolitan waste control commission" means the 
  9.31  agency established in section 473.5001. 
  9.32     Sec. 14.  Minnesota Statutes 1996, section 473.129, 
  9.33  subdivision 1, is amended to read: 
  9.34     Subdivision 1.  [GENERAL POWERS.] The metropolitan 
  9.35  council and waste control commission shall have and exercise all 
  9.36  powers which may be necessary or convenient to enable it to 
 10.1   perform and carry out the duties and responsibilities now 
 10.2   existing or which may hereafter be imposed upon it by law.  Such 
 10.3   powers include the specific powers enumerated in this section.  
 10.4      Sec. 15.  Minnesota Statutes 1996, section 473.129, 
 10.5   subdivision 3, is amended to read: 
 10.6      Subd. 3.  [CONSULTING CONTRACTS.] The metropolitan 
 10.7   council and waste control commission may contract for the 
 10.8   services of consultants who perform engineering, legal, or 
 10.9   services of a professional nature.  Such contracts shall not be 
 10.10  subject to the requirements of any law relating to public 
 10.11  bidding.  
 10.12     Sec. 16.  Minnesota Statutes 1996, section 473.129, 
 10.13  subdivision 8, is amended to read: 
 10.14     Subd. 8.  [INSURANCE.] The council and waste control 
 10.15  commission may provide for self-insurance or otherwise provide 
 10.16  for insurance relating to any of its property, rights, or 
 10.17  revenue, workers' compensation, public liability, or any other 
 10.18  risk or hazard arising from its activities, and may provide for 
 10.19  insuring any of its officers or employees against the risk or 
 10.20  hazard at the expense of the council.  If the council and waste 
 10.21  control commission provides for self-insurance, against its 
 10.22  liability and the liability of its officers, employees, and 
 10.23  agents for damages resulting from its torts and those of its 
 10.24  officers, employees, and agents, including its obligation to pay 
 10.25  basic economic loss benefits under sections 65B.41 to 65B.71, it 
 10.26  shall be entitled to deduct from damages and basic economic loss 
 10.27  benefits all money paid or payable to the persons seeking 
 10.28  damages and benefits from all governmental entities providing 
 10.29  medical, hospital, and disability benefits except for payments 
 10.30  made under the aid to families with dependent children or 
 10.31  medical assistance programs. 
 10.32     Sec. 17.  Minnesota Statutes 1996, section 473.129, 
 10.33  subdivision 9, is amended to read: 
 10.34     Subd. 9.  [INVESTIGATIONS.] When necessary and proper to 
 10.35  the performance of its duties, the council or waste control 
 10.36  commission may enter in a reasonable manner upon any premises 
 11.1   for the purpose of making any reasonably necessary or proper 
 11.2   investigations and examinations.  The entry is not a trespass.  
 11.3   The council or waste control commission is liable for any actual 
 11.4   and consequential loss, injury, or damage from the entry.  When 
 11.5   necessary and proper to the performance of its duties, the 
 11.6   council or its authorized agents may require the production of 
 11.7   accounts, books, records, memoranda, correspondence, and other 
 11.8   documents and papers of a person receiving financial assistance 
 11.9   from the council, may inspect and copy them, and may have access 
 11.10  to and may inspect the lands, buildings, facilities, or 
 11.11  equipment of the person.  
 11.12     Sec. 18.  [473.5001] [CREATION.] 
 11.13     A metropolitan waste control commission with jurisdiction 
 11.14  in the metropolitan area is established.  It shall be organized 
 11.15  and structured as provided in this section, section 473.129, and 
 11.16  sections 473.501 to 473.549. 
 11.17     Sec. 19.  [473.5002] [TERMS.] 
 11.18     (a) Following each apportionment of commission districts, 
 11.19  as provided under subdivision 3a, commission members must be 
 11.20  appointed from newly drawn districts as provided in subdivision 
 11.21  3a.  The terms of members end as provided in this subdivision, 
 11.22  except that all terms expire on the effective date of an 
 11.23  apportionment.  A member shall continue to serve the member's 
 11.24  district until a successor is appointed and qualified; except 
 11.25  that, following each apportionment, the member shall continue to 
 11.26  serve at large until the governor appoints eight commission 
 11.27  members, one from each of the newly drawn commission districts 
 11.28  as provided under subdivision 3a, to serve terms as provided 
 11.29  under this section.  The appointment to the commission must be 
 11.30  made by the first Monday in March of the year in which the term 
 11.31  ends.  
 11.32     (b) Notwithstanding other law, the terms of all members 
 11.33  from districts serving on June 30, 1997, expire on July 1, 1997. 
 11.34     (c) The terms of four district seats (which four to be 
 11.35  determined by lot before July 1, 1997, by the commission) expire 
 11.36  on the first Monday in January 1999.  The terms of the other 
 12.1   four district seats expire on the first Monday in January in 
 12.2   2001.  The terms of all district seats expire on the effective 
 12.3   date of the next apportionment.  Before appointments are made 
 12.4   following an apportionment, the commission by lot shall 
 12.5   designate the terms of four district seats to expire on the 
 12.6   first Monday in January in 2005 and 2009; the terms of the other 
 12.7   four district seats expire on the first Monday in January in 
 12.8   2007 and 2011.  The same process must be followed at the time of 
 12.9   each apportionment. 
 12.10     Sec. 20.  [473.5003] [MEMBERSHIP; APPOINTMENT; 
 12.11  QUALIFICATIONS.] 
 12.12     (a) Eight members must be appointed by the governor on a 
 12.13  nonpartisan basis from districts defined by this section.  Each 
 12.14  member must reside in the commission district represented.  Each 
 12.15  commission district must be represented by one member of the 
 12.16  commission. 
 12.17     (b) In addition to the notice required by section 15.0597, 
 12.18  subdivision 4, notice of vacancies and expiration of terms must 
 12.19  be published in newspapers of general circulation in the 
 12.20  metropolitan area and the appropriate districts.  The governing 
 12.21  bodies of the statutory and home rule charter cities, counties, 
 12.22  and towns having territory in the district for which a member is 
 12.23  to be appointed must be notified in writing.  The notices must 
 12.24  describe the appointments process and invite participation and 
 12.25  recommendations on the appointment.  
 12.26     (c) The governor shall create a nominating committee, 
 12.27  composed of seven metropolitan citizens appointed by the 
 12.28  governor, to nominate persons for appointment to the commission 
 12.29  from districts.  Three of the committee members must be local 
 12.30  elected officials.  Following the submission of applications as 
 12.31  provided under section 15.0597, subdivision 5, the nominating 
 12.32  committee shall conduct public meetings, after appropriate 
 12.33  notice, to accept statements from or on behalf of persons who 
 12.34  have applied or been nominated for appointment and to allow 
 12.35  consultation with and secure the advice of the public and local 
 12.36  elected officials.  The committee shall hold the meeting on each 
 13.1   appointment in the district or in a reasonably convenient and 
 13.2   accessible location in the part of the metropolitan area in 
 13.3   which the district is located.  The committee may consolidate 
 13.4   meetings.  Following the meetings, the committee shall submit to 
 13.5   the governor a list of nominees for each appointment.  The 
 13.6   governor is not required to appoint from the list.  
 13.7      (d) Before making an appointment, the governor shall 
 13.8   consult with all members of the legislature from the commission 
 13.9   district for which the member is to be appointed.  
 13.10     (e) Members of the commission must be appointed to reflect 
 13.11  fairly the various demographic, political, and other interests 
 13.12  in the metropolitan area and the districts.  
 13.13     Sec. 21.  [473.5004] [REDISTRICTING.] 
 13.14     The legislature shall redraw the boundaries of the 
 13.15  metropolitan waste control commission districts after each 
 13.16  decennial federal census so that each district has substantially 
 13.17  equal population.  Redistricting is effective in the year ending 
 13.18  in the numeral "3."  Within 60 days after a redistricting plan 
 13.19  takes effect, the governor shall appoint members from the newly 
 13.20  drawn districts to serve terms as provided under subdivision 2a. 
 13.21     Sec. 22.  [473.5005] [DISTRICT BOUNDARIES.] 
 13.22     The metropolitan waste control commission district 
 13.23  boundaries are as follows:  
 13.24     (1) The first commission district consists of that portion 
 13.25  of Hennepin county consisting of the cities of Champlin, 
 13.26  Corcoran, Dayton, Greenfield, Independence, Loretto, Maple 
 13.27  Grove, Maple Plain, Medicine Lake, Medina, Minnetrista, Mound, 
 13.28  Osseo, Plymouth, Rockford, Rogers, and St. Bonifacius, and the 
 13.29  town of Hassan, and the cities of Brooklyn Center, Brooklyn 
 13.30  Park, Crystal, New Hope, and Robbinsdale. 
 13.31     (2) The second commission district consists of that portion 
 13.32  of Hennepin county consisting of the cities of Deephaven, Edina, 
 13.33  Excelsior, Greenwood, Hopkins, Long Lake, Minnetonka, Minnetonka 
 13.34  Beach, Orono, Shorewood, Spring Park, Tonka Bay, Wayzata, and 
 13.35  Woodland, Carver county, that portion of Dakota county 
 13.36  consisting of the city of Lakeville, that portion of Hennepin 
 14.1   county consisting of the cities of Chanhassen and Eden Prairie, 
 14.2   and that portion of Scott county in the metropolitan area not 
 14.3   included in the third commission district. 
 14.4      (3) The third commission district consists of that portion 
 14.5   of Hennepin county consisting of the cities of Bloomington and 
 14.6   Richfield and the unorganized territory of Fort Snelling, and 
 14.7   that portion of Scott county consisting of the cities of Savage 
 14.8   and Shakopee, and that portion of Hennepin county consisting of 
 14.9   the cities of Golden Valley and St. Louis Park and that portion 
 14.10  of the city of Minneapolis lying west and south of a line 
 14.11  described as follows:  commencing at the intersection of the 
 14.12  southern boundary of the city of Minneapolis and Interstate 
 14.13  Highway 35W, northerly along Interstate Highway 35W to Minnehaha 
 14.14  Parkway, northeasterly along Minnehaha Parkway to 50th Street 
 14.15  E., westerly along 50th Street E. to Stevens Avenue S., 
 14.16  northerly along Stevens Avenue S. to 46th Street E., westerly 
 14.17  along 46th Street E. to Nicollet Avenue S., northerly along 
 14.18  Nicollet Avenue S. to 36th Street W., westerly along 36th Street 
 14.19  W. to Blaisdell Avenue S., northerly along Blaisdell Avenue S. 
 14.20  to 34th Street W., westerly along 34th Street W. to Grand Avenue 
 14.21  S., northerly along Grand Avenue S. to 32nd Street W., westerly 
 14.22  along 32nd Street W. to Harriet Avenue S., northerly along 
 14.23  Harriet Avenue S. to 31st Street W., westerly along 31st Street 
 14.24  W. to Garfield Avenue S., northerly along Garfield Avenue S. to 
 14.25  Lake Street W., westerly along Lake Street W. to Lyndale Avenue 
 14.26  S., northerly along Lyndale Avenue S. to the Burlington Northern 
 14.27  Railroad tracks, westerly along the northern branch of the 
 14.28  Burlington Northern Railroad tracks to Glenwood Avenue N., 
 14.29  westerly along Glenwood Avenue N. to the western boundary of the 
 14.30  city of Minneapolis. 
 14.31     (4) The fourth commission district consists of that portion 
 14.32  of the city of Minneapolis not included in the third commission 
 14.33  district.  
 14.34     (5) The fifth commission district consists of Anoka county, 
 14.35  that portion of Ramsey county consisting of the cities of Blaine 
 14.36  and Spring Lake Park, that portion of Hennepin county consisting 
 15.1   of the city of St. Anthony, and that portion of Ramsey county 
 15.2   consisting of the cities of Mounds View, New Brighton, and St. 
 15.3   Anthony. 
 15.4      (6) The sixth commission district consists of that portion 
 15.5   of Ramsey county consisting of the cities of Arden Hills, Gem 
 15.6   Lake, Little Canada, North Oaks, Roseville, Shoreview, Vadnais 
 15.7   Heights, and White Bear Lake and the town of White Bear, the 
 15.8   city of Maplewood, Washington county, and that portion of Ramsey 
 15.9   county consisting of the city of North St. Paul. 
 15.10     (7) The seventh commission district consists of that 
 15.11  portion of Ramsey county consisting of the cities of St. Paul, 
 15.12  Falcon Heights, and Lauderdale. 
 15.13     (8) The eighth commission district consists of that portion 
 15.14  of Dakota county not included in the second commission district, 
 15.15  and that portion of Washington county consisting of the cities 
 15.16  of Cottage Grove, Hastings, and St. Paul Park, and the towns of 
 15.17  Denmark and Grey Cloud Island. 
 15.18     Sec. 23.  [473.5006] [CHAIR; APPOINTMENT, OFFICERS, 
 15.19  SELECTION; DUTIES AND COMPENSATION.] 
 15.20     (a) The chair of the metropolitan waste control commission 
 15.21  shall be appointed by the governor as the ninth voting member 
 15.22  thereof by and with the advice and consent of the senate to 
 15.23  serve at the pleasure of the governor to represent the 
 15.24  metropolitan area at large.  Senate confirmation shall be as 
 15.25  provided by section 15.066.  
 15.26     The governor shall appoint an additional member to the 
 15.27  commission, as an advisory nonvoting member who may participate 
 15.28  in debate.  The advisory member must be a state level official 
 15.29  of a labor organization.  The governing body of the state 
 15.30  AFL-CIO or other similar state level labor organization that 
 15.31  represents the greatest number of employees of the commission 
 15.32  must be consulted for a recommendation on the advisory 
 15.33  appointment before the appointment is made. 
 15.34     The chair shall, if present, preside at meetings of the 
 15.35  commission, have the primary responsibility for meeting with 
 15.36  local elected officials, serve as the principal legislative 
 16.1   liaison, present to the governor and the legislature the 
 16.2   commission's plans for operations, serve as the principal 
 16.3   spokesperson of the commission, and perform other duties 
 16.4   assigned by the commission or by law. 
 16.5      (b) The commission shall elect other officers as it deems 
 16.6   necessary for the conduct of its affairs for a one-year term.  A 
 16.7   secretary and treasurer need not be members of the commission.  
 16.8   Meeting times and places shall be fixed by the commission and 
 16.9   special meetings may be called by a majority of the members of 
 16.10  the commission or by the chair.  The chair and each commission 
 16.11  member shall be reimbursed for actual and necessary expenses.  
 16.12  The annual budget of the council shall provide as a separate 
 16.13  account anticipated expenditures for compensation, travel, and 
 16.14  associated expenses for the chair and members, and compensation 
 16.15  or reimbursement shall be made to the chair and members only 
 16.16  when budgeted.  
 16.17     (c) Each member of the commission shall attend and 
 16.18  participate in commission meetings and meet regularly with local 
 16.19  elected officials and legislative members from the commission 
 16.20  member's district.  
 16.21     (d) In the performance of its duties, the commission may 
 16.22  adopt policies and procedures governing its operation and 
 16.23  establish committees. 
 16.24     Sec. 24.  [473.5007] [PERSONNEL, ADMINISTRATION, 
 16.25  RELOCATION.] 
 16.26     Subdivision 1.  [COMPENSATION.] Each waste control 
 16.27  commission member, including the chair, shall be paid $55 for 
 16.28  each day when the member attends one or more meetings or 
 16.29  provides other services, as authorized by the commission, and 
 16.30  shall be reimbursed for all actual and necessary expenses 
 16.31  incurred in the performance of duties in the same manner and 
 16.32  amount as state employees.  The annual budget of the commission 
 16.33  shall provide as a separate account anticipated expenditures for 
 16.34  per diem, and travel and associated expenses for the chair and 
 16.35  members, and compensation or reimbursement shall be made to the 
 16.36  chair and members only when budgeted. 
 17.1      Subd. 2.  [REGULAR AND SPECIAL MEETINGS.] Each commission 
 17.2   shall meet regularly at least once each month, at such time and 
 17.3   place as the commission shall by resolution designate.  Special 
 17.4   meetings may be held at any time upon the call of the chair or 
 17.5   any two other members, upon written notice sent by certified 
 17.6   mail to each member at least three days prior to the meeting, or 
 17.7   upon such other notice as the commission may by resolution 
 17.8   provide, or without notice if each member is present or files 
 17.9   with the secretary a written consent to the meeting either 
 17.10  before or after the meeting.  Unless otherwise provided, any 
 17.11  action within the authority of the commission may be taken by 
 17.12  the affirmative vote of a majority of the members.  A majority 
 17.13  of all of the members of the commission shall constitute a 
 17.14  quorum, but a lesser number may meet and adjourn from time to 
 17.15  time and compel the attendance of absent members. 
 17.16     Subd. 3.  [PERSONNEL CODE; MERIT SYSTEM.] (a) The 
 17.17  commission shall by resolution adopt a personnel code relating 
 17.18  to the employees of the commission.  The code shall include a 
 17.19  job classification plan, procedures for employment and promotion 
 17.20  of personnel based on merit, procedures for the demotion, 
 17.21  suspension, or discharge of employees, procedures for hearing 
 17.22  grievances, procedures for salary administration, and such other 
 17.23  provisions as appropriate.  In addition, the code shall provide 
 17.24  for the development by each commission of affirmative action 
 17.25  plans, as provided in section 473.143.  The chief administrator 
 17.26  of each commission shall administer the code, and no commission 
 17.27  shall take any action inconsistent with the personnel code. 
 17.28     (b) All employees of the commission except those expressly 
 17.29  designated for the unclassified service, shall serve in the 
 17.30  classified service.  The unclassified service shall include:  
 17.31  members of the commission, the chief administrator of the 
 17.32  commission, all officers of the commission, any employee of the 
 17.33  commission who is determined by the commission to have a 
 17.34  confidential relationship to the commission, and any employee of 
 17.35  the commission expressly exempted from the classified service by 
 17.36  law.  The code shall also include procedures for open 
 18.1   competitive examinations to test the relative skill or ability 
 18.2   of all applicants for positions in the classified service.  Such 
 18.3   examinations may consist of written or oral tests of the 
 18.4   subjective or objective type, physical tests, and practical or 
 18.5   demonstration tests for the evaluation of past training and 
 18.6   experience.  Oral tests may be used to test the applicant's 
 18.7   knowledge of the position applied for or personal fitness for 
 18.8   the position.  Where there is more than one applicant for a 
 18.9   position, each code shall provide for the employment of one of 
 18.10  the three applicants best qualified for it. 
 18.11     (c) When a commission employee has been demoted, suspended, 
 18.12  or dismissed by the chief administrator, the employee may, 
 18.13  within 30 days after such action becomes effective, file with 
 18.14  the commission a written request for a hearing showing the 
 18.15  position from which the employee was dismissed, the date of 
 18.16  dismissal, the reason for requesting the hearing, and full name 
 18.17  and present mailing address.  Upon receipt of a request for a 
 18.18  hearing the commission shall appoint three of its members to act 
 18.19  as an appeal committee and preside at a hearing on the action of 
 18.20  the administrator.  The hearing shall be held within 30 days 
 18.21  after the request is received by the commission, upon written 
 18.22  notice mailed or delivered to the employee at the employee's 
 18.23  present mailing address, not less than seven days before the 
 18.24  hearing.  The appeal committee shall approve or disapprove the 
 18.25  action of the administrator, and in the case of approval the 
 18.26  action of the administrator shall be final.  In the case of 
 18.27  disapproval the appeal committee may reinstate the employee 
 18.28  under such conditions as it deems proper, and may order the 
 18.29  payment to the employee of compensation lost as a result of the 
 18.30  demotion, suspension, or dismissal. 
 18.31     Subd. 4.  [CHIEF ADMINISTRATOR.] The chair of the 
 18.32  commission shall, subject to the approval of the commission, 
 18.33  appoint a chief administrator who shall be chosen solely on the 
 18.34  basis of training, experience, and other qualifications, and who 
 18.35  shall serve at the pleasure of the commission.  The 
 18.36  administrator shall attend all meetings of the commission, but 
 19.1   shall not vote, and shall: 
 19.2      (1) see that all resolutions, rules, or orders of the 
 19.3   commission are enforced; 
 19.4      (2) appoint and remove, subject to the provisions of the 
 19.5   personnel code, upon the basis of merit and fitness, all 
 19.6   subordinate officers and regular employees of the commission; 
 19.7      (3) present to the commission plans, studies, and reports 
 19.8   prepared for commission purposes and recommend to the commission 
 19.9   for adoption such measures as the administrator deems necessary 
 19.10  to enforce or carry out the powers and duties of the commission, 
 19.11  or to the efficient administration of the affairs of the 
 19.12  commission; 
 19.13     (4) keep the commission fully advised as to its financial 
 19.14  condition, and prepare and submit to the commission its annual 
 19.15  budget and such other financial information as it may request; 
 19.16     (5) recommend to the commission for adoption such rules as 
 19.17  the administrator deems necessary for the efficient operation of 
 19.18  the commission's functions; and 
 19.19     (6) perform such other duties as may be prescribed by the 
 19.20  commission. 
 19.21     Subd. 5.  [PUBLIC EMPLOYEES.] All persons employed by the 
 19.22  chief administrator shall be public employees, and shall have 
 19.23  all rights and duties conferred on public employees under 
 19.24  sections 179A.01 to 179A.25.  The compensation and other 
 19.25  conditions of employment of such employees shall not be governed 
 19.26  by any rule applicable to state employees in the classified 
 19.27  service nor to any of the provisions of chapter 15A, unless the 
 19.28  commission so provides.  All employees of the commission shall 
 19.29  be members of the Minnesota state retirement system, except that 
 19.30  employees, who by reason of their prior employment belonged to 
 19.31  another public retirement association in the state of Minnesota, 
 19.32  may at their option continue membership in that public 
 19.33  retirement association, and all other rights to which they are 
 19.34  entitled by contract or law.  Members of trades who are employed 
 19.35  by the metropolitan waste control commission with trade union 
 19.36  pension coverage pursuant to a collective bargaining agreement 
 20.1   who elected exclusion from coverage pursuant to section 473.512 
 20.2   or who are first employed after July 1, 1977, shall not be 
 20.3   covered by the Minnesota state retirement system.  The 
 20.4   commission shall make the employer's contributions to pension 
 20.5   funds of its employees.  Employees shall perform such duties as 
 20.6   may be prescribed by the commission.  
 20.7      Subd. 6.  [COMMISSION OPERATING PROCEDURES.] (a) The 
 20.8   commission shall adopt resolutions and bylaws, an administrative 
 20.9   code establishing procedures for commission action, keeping 
 20.10  records, approving claims, authorizing and making disbursements, 
 20.11  authorizing contracts, safekeeping funds, and audit of all 
 20.12  financial operations of the commission. 
 20.13     (b) The commission may enter into contracts with each other 
 20.14  and with other commissions and governmental units for the joint 
 20.15  exercise of powers in the manner provided by section 471.59. 
 20.16     Subd. 7.  [RELOCATION PAYMENT STANDARDS.] In all 
 20.17  acquisitions the commission shall provide as a cost of 
 20.18  acquisition the relocation assistance, services, payments, and 
 20.19  benefits required by the Uniform Relocation Assistance and Real 
 20.20  Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1971), 
 20.21  United States Code, title 42, section 4601, et seq. 
 20.22     Sec. 25.  Minnesota Statutes 1996, section 473.504, 
 20.23  subdivision 4, is amended to read: 
 20.24     Subd. 4.  The council commission shall have the power to 
 20.25  adopt rules relating to the operation of any interceptors or 
 20.26  treatment works operated by it, and may provide penalties for 
 20.27  the violation thereof not exceeding the maximum which may be 
 20.28  specified for a misdemeanor.  Any rule prescribing a penalty for 
 20.29  violation shall be published at least once in a newspaper having 
 20.30  general circulation in the metropolitan area.  
 20.31     Sec. 26.  Minnesota Statutes 1996, section 473.504, 
 20.32  subdivision 5, is amended to read: 
 20.33     Subd. 5.  The council commission may accept gifts, may 
 20.34  apply for and accept grants or loans of money or other property 
 20.35  from the United States, the state, or any person for any of its 
 20.36  purposes, including any grant available under the federal water 
 21.1   pollution act amendments of 1972, whether for construction, 
 21.2   research or pilot project implementation, may enter into any 
 21.3   agreement required in connection therewith, and may hold, use, 
 21.4   and dispose of such money or property in accordance with the 
 21.5   terms of the gift, grant, loan or agreement relating thereto.  
 21.6   The council commission has all powers necessary to comply with 
 21.7   the federal water pollution control act amendments of 1972 and 
 21.8   any grant offered to it thereunder including, but not limited 
 21.9   to, the power to enter into such contracts with, or to impose 
 21.10  such charges upon, persons using the metropolitan disposal 
 21.11  system as it shall determine to be necessary for the recovery of 
 21.12  treatment works and interceptor costs paid with federal grant 
 21.13  funds.  Insofar as possible these costs shall be recovered by 
 21.14  local government units on behalf of the council commission. 
 21.15     Sec. 27.  Minnesota Statutes 1996, section 473.504, 
 21.16  subdivision 6, is amended to read: 
 21.17     Subd. 6.  The council commission may act under the 
 21.18  provisions of section 471.59, or any other appropriate law 
 21.19  providing for joint or cooperative action between government 
 21.20  units.  
 21.21     Sec. 28.  Minnesota Statutes 1996, section 473.504, 
 21.22  subdivision 9, is amended to read: 
 21.23     Subd. 9.  The council commission may acquire by purchase, 
 21.24  lease, condemnation, gift, or grant, any real or personal 
 21.25  property including positive and negative easements and water and 
 21.26  air rights, and it may construct, enlarge, improve, replace, 
 21.27  repair, maintain, and operate any interceptor or treatment works 
 21.28  determined to be necessary or convenient for the collection and 
 21.29  disposal of sewage in the metropolitan area.  Any local 
 21.30  government unit and the commissioners of transportation and 
 21.31  natural resources are authorized to convey to or permit the use 
 21.32  of any such facilities owned or controlled by it by the 
 21.33  council commission, subject to the rights of the holders of any 
 21.34  bonds issued with respect thereto, with or without compensation, 
 21.35  without an election or approval by any other government agency.  
 21.36  All powers conferred by this subdivision may be exercised both 
 22.1   within or without the metropolitan area as may be necessary for 
 22.2   the exercise by the council commission of its powers or the 
 22.3   accomplishment of its purposes.  The council commission may hold 
 22.4   such property for its purposes, and may lease any such property 
 22.5   so far as not needed for its purposes, upon such terms and in 
 22.6   such manner as it shall deem advisable.  Unless otherwise 
 22.7   provided, the right to acquire lands and property rights by 
 22.8   condemnation shall be exercised in accordance with chapter 117, 
 22.9   and shall apply to any property or interest therein owned by any 
 22.10  local government unit; provided, that no such property devoted 
 22.11  to an actual public use at the time, or held to be devoted to 
 22.12  such use within a reasonable time, shall be so acquired unless a 
 22.13  court of competent jurisdiction shall determine that the use 
 22.14  proposed by the board commission is paramount to such use.  
 22.15  Except in case of property in actual public use, the council 
 22.16  commission may take possession of any property for which 
 22.17  condemnation proceedings have been commenced at any time after 
 22.18  the issuance of a court order appointing commissioners for its 
 22.19  condemnation.  
 22.20     Sec. 29.  Minnesota Statutes 1996, section 473.504, 
 22.21  subdivision 10, is amended to read: 
 22.22     Subd. 10.  The council commission may construct or maintain 
 22.23  its systems or facilities in, along, on, under, over, or through 
 22.24  public streets, bridges, viaducts, and other public rights of 
 22.25  way without first obtaining a franchise from any local 
 22.26  government unit having jurisdiction over them; but such 
 22.27  facilities shall be constructed and maintained in accordance 
 22.28  with the ordinances and resolutions of any such government unit 
 22.29  relating to construction, installation, and maintenance of 
 22.30  similar facilities in such public properties and shall not 
 22.31  obstruct the public use of such rights-of-way.  
 22.32     Sec. 30.  Minnesota Statutes 1996, section 473.504, 
 22.33  subdivision 11, is amended to read: 
 22.34     Subd. 11.  The council commission may sell or otherwise 
 22.35  dispose of any real or personal property acquired by it which is 
 22.36  no longer required for accomplishment of its purposes.  Such 
 23.1   property may be sold in the manner provided by section 469.065, 
 23.2   insofar as practical.  The council commission may give such 
 23.3   notice of sale as it shall deem appropriate.  When the council 
 23.4   commission determines that any property or any interceptor or 
 23.5   treatment works or any part thereof which has been acquired from 
 23.6   a local government unit without compensation is no longer 
 23.7   required, but is required as a local facility by the government 
 23.8   unit from which it was acquired, the council commission may by 
 23.9   resolution transfer it to such government unit.  
 23.10     Sec. 31.  Minnesota Statutes 1996, section 473.504, 
 23.11  subdivision 12, is amended to read: 
 23.12     Subd. 12.  The council commission may contract with the 
 23.13  United States or any agency thereof, any state or agency 
 23.14  thereof, or any local government unit or governmental agency or 
 23.15  subdivision, for the joint use of any facility owned by 
 23.16  the council commission or such entity, for the operation by such 
 23.17  entity of any system or facility of the council commission, or 
 23.18  for the performance on the council's commission's behalf of any 
 23.19  service, on such terms as may be agreed upon by the contracting 
 23.20  parties.  
 23.21     Sec. 32.  Minnesota Statutes 1996, section 473.504, is 
 23.22  amended by adding a subdivision to read: 
 23.23     Subd. 13.  The commission may sue and be sued. 
 23.24     Sec. 33.  Minnesota Statutes 1996, section 473.504, is 
 23.25  amended by adding a subdivision to read: 
 23.26     Subd. 14.  [RESEARCH; HEARINGS; INVESTIGATION; ADVICE.] The 
 23.27  commission may conduct research studies and programs, collect 
 23.28  and analyze data, prepare reports, maps, charts, and tables, and 
 23.29  conduct necessary hearings and investigations in connection with 
 23.30  the design, construction, and operation of the metropolitan 
 23.31  disposal system.  The commission may advise other governmental 
 23.32  units on system planning matters within the scope of its duties, 
 23.33  powers, and objectives. 
 23.34     Sec. 34.  Minnesota Statutes 1996, section 473.504, is 
 23.35  amended by adding a subdivision to read: 
 23.36     Subd. 15.  [LABOR LIAISON.] The manager of wastewater 
 24.1   services shall appoint a labor liaison from among the classified 
 24.2   service of wastewater service employees to serve at the pleasure 
 24.3   of the manager to advise the manager on labor matters.  The 
 24.4   labor liaison retains all rights under the collective bargaining 
 24.5   agreement of the appointee's bargaining unit.  While serving as 
 24.6   liaison the appointee is on leave from his classified position.  
 24.7   The labor liaison must be paid at the wage or salary of the 
 24.8   highest classification of the bargaining unit from which the 
 24.9   liaison came. 
 24.10     Sec. 35.  Minnesota Statutes 1996, section 473.505, is 
 24.11  amended to read: 
 24.12     473.505 [TOTAL WATERSHED MANAGEMENT.] 
 24.13     The metropolitan council commission may enter into 
 24.14  agreements with other governmental bodies and agencies and spend 
 24.15  funds to implement total watershed management.  "Total watershed 
 24.16  management" means identifying and quantifying at a watershed 
 24.17  level the (1) sources of pollution, both point and nonpoint, (2) 
 24.18  causes of conditions that may or may not be a result of 
 24.19  pollution, and (3) means of reducing pollution or alleviating 
 24.20  adverse conditions.  The purpose of total watershed management 
 24.21  is to achieve the best water quality for waters of the state 
 24.22  receiving the effluent of the metropolitan disposal system for 
 24.23  the lowest total costs, without regard to who will incur those 
 24.24  costs. 
 24.25     Sec. 36.  Minnesota Statutes 1996, section 473.511, is 
 24.26  amended to read: 
 24.27     473.511 [SEWER SERVICE FUNCTION.] 
 24.28     Subdivision 1.  [DUTY OF COUNCIL COMMISSION; ACQUISITION OF 
 24.29  EXISTING FACILITIES; NEW FACILITIES.] At any time after January 
 24.30  1, 1970, until July 1, 1994, the former metropolitan waste 
 24.31  control commission, and after July 1, 1994, the council, and 
 24.32  after the effective date of this section, the commission shall 
 24.33  assume ownership of all existing interceptors and treatment 
 24.34  works which will be needed to implement the council's 
 24.35  comprehensive plan for the collection, treatment, and disposal 
 24.36  of sewage in the metropolitan area, in the manner and subject to 
 25.1   the conditions prescribed in subdivisions 2 and 4, and shall 
 25.2   thereafter acquire, construct, equip, operate and maintain all 
 25.3   additional interceptors and treatment works which will be needed 
 25.4   for such purpose.  The council commission shall assume ownership 
 25.5   of all treatment works owned by a local government unit if any 
 25.6   part of such treatment works will be needed for such purpose. 
 25.7      Subd. 2.  [METHOD OF ACQUISITION; EXISTING DEBT.] The 
 25.8   council commission may require any local government unit to 
 25.9   transfer to the council commission, all of its right, title and 
 25.10  interest in any interceptors or treatment works and all 
 25.11  necessary appurtenances thereto owned by such local government 
 25.12  unit which will be needed for the purpose stated in subdivision 
 25.13  1.  Appropriate instruments of conveyance for all such property 
 25.14  shall be executed and delivered to the council commission by the 
 25.15  proper officers of each local government unit concerned.  All 
 25.16  persons regularly employed by a local government unit to operate 
 25.17  and maintain any treatment works so transferred to the council 
 25.18  commission, on the date on which the transfer becomes effective, 
 25.19  shall be employees of the council commission, in the same manner 
 25.20  and with the same options and rights as are reserved to 
 25.21  employees of sanitary districts and joint boards under 
 25.22  subdivision 3.  The council commission, upon assuming ownership 
 25.23  of any such interceptors or treatment works, shall become 
 25.24  obligated to pay to such local government unit amounts 
 25.25  sufficient to pay when due all remaining principal of and 
 25.26  interest on bonds issued by such local government unit for the 
 25.27  acquisition or betterment of the interceptors or treatment works 
 25.28  taken over.  Such amounts may be offset against any amount to be 
 25.29  paid to the council commission by the local government unit as 
 25.30  provided in section 473.517. 
 25.31     Subd. 3.  [EXISTING SANITARY DISTRICTS AND JOINT SEWER 
 25.32  BOARDS.] Effective January 1, 1971, the corporate existence of 
 25.33  the Minneapolis-St. Paul Sanitary District, the North Suburban 
 25.34  Sanitary Sewer District, and any joint board created by 
 25.35  agreement among local government units pursuant to section 
 25.36  471.59, to provide interceptors and treatment works for such 
 26.1   local government units, shall terminate.  All persons regularly 
 26.2   employed by such sanitary districts and joint boards on that 
 26.3   date or on any earlier date on which the former waste control 
 26.4   commission pursuant to subdivisions 1 and 2 assumed ownership 
 26.5   and control of any interceptors or treatment works owned or 
 26.6   operated by such sanitary districts and joint boards, and who 
 26.7   are employees of the commission on July 1, 1994, and who are 
 26.8   employees of the council on the effective date of this section, 
 26.9   shall be employees of the council commission, and may at their 
 26.10  option become members of the Minnesota state retirement system 
 26.11  or may continue as members of a public retirement association 
 26.12  under chapter 422A or any other law, to which they belonged 
 26.13  before such date, and shall retain all pension rights which they 
 26.14  may have under such latter laws, and all other rights to which 
 26.15  they are entitled by contract or law.  Members of trades who are 
 26.16  employed by the former metropolitan waste control commission, or 
 26.17  the former council, who have trade union pension coverage 
 26.18  pursuant to a collective bargaining agreement, and who elected 
 26.19  exclusion from coverage pursuant to section 473.512, or who are 
 26.20  first employed after July 1, 1977, shall not be covered by the 
 26.21  Minnesota state retirement system.  The council commission shall 
 26.22  make the employer's contributions to pension funds of its 
 26.23  employees.  Such employees shall perform such duties as may be 
 26.24  prescribed by the council commission.  All funds of such 
 26.25  sanitary districts and joint boards then on hand, and all 
 26.26  subsequent collections of taxes, special assessments or service 
 26.27  charges levied or imposed by or for such sanitary districts or 
 26.28  joint boards shall be transferred to the council commission.  
 26.29  The local government units otherwise entitled to such cash, 
 26.30  taxes, assessments or service charges shall be credited with 
 26.31  such amounts, and such credits shall be offset against any 
 26.32  amounts to be paid by them to the council commission as provided 
 26.33  in section 473.517.  The former metropolitan waste control 
 26.34  commission, and on July 1, 1994, the council, and on the 
 26.35  effective date of this section, the metropolitan waste control 
 26.36  commission, shall succeed to and become vested by action of law 
 27.1   with all right, title and interest in and to any property, real 
 27.2   or personal, owned or operated by such sanitary districts and 
 27.3   joint boards.  Prior to that date the proper officers of such 
 27.4   sanitary districts and joint boards, or the former metropolitan 
 27.5   waste control commission, or the council, shall execute and 
 27.6   deliver to the council commission all deeds, conveyances, bills 
 27.7   of sale, and other documents or instruments required to vest in 
 27.8   the council commission good and marketable title to all such 
 27.9   real or personal property; provided that vesting of the title 
 27.10  shall occur by operation of law and failure to execute and 
 27.11  deliver the documents shall not affect the vesting of title in 
 27.12  the former metropolitan waste control commission or, the 
 27.13  council, or the commission on the dates indicated in this 
 27.14  subdivision.  The council commission shall become obligated to 
 27.15  pay or assume all bonded or other debt and contract obligations 
 27.16  incurred by the former metropolitan waste control commission or 
 27.17  the council, or by such sanitary districts and joint boards, or 
 27.18  incurred by local government units for the acquisition or 
 27.19  betterment of any interceptors or treatment works owned or 
 27.20  operated by such sanitary districts or joint boards. 
 27.21     Subd. 4.  [CURRENT VALUE OF EXISTING FACILITIES.] When 
 27.22  the council commission assumes the ownership of any existing 
 27.23  interceptors or treatment works as provided in subdivision 2 or 
 27.24  3, the local government unit or units which paid part or all of 
 27.25  the cost of such facility, directly or pursuant to contracts for 
 27.26  reimbursement of costs, shall be entitled to receive a credit 
 27.27  against amounts to be allocated to them under section 473.517, 
 27.28  which may be spread over such period not exceeding 30 years as 
 27.29  the council commission shall determine, and an additional credit 
 27.30  equal to interest on the unused credit balance from time to time 
 27.31  at the rate of four percent per annum.  The amount of such 
 27.32  credit shall equal the current value of the facility computed by 
 27.33  the council commission in the manner provided in this 
 27.34  subdivision at the time the council commission acquires it.  The 
 27.35  original cost of a facility shall be computed as the total 
 27.36  actual costs of constructing it, including engineering, legal, 
 28.1   and administrative costs, less any part of it paid from federal 
 28.2   or state funds and less the principal amount of any then 
 28.3   outstanding bonds which were issued to finance its 
 28.4   construction.  The original cost shall be multiplied by a factor 
 28.5   equal to a current cost index divided by the same cost index at 
 28.6   the time of construction, to determine replacement cost.  The 
 28.7   cost indices used shall be the Engineering News Record 
 28.8   Construction Cost Indices for facilities or parts thereof 
 28.9   completed before 1930, and the United States Public Health 
 28.10  Service Federal Water Pollution Control Values for Sewer and 
 28.11  Treatment Plant Construction, as applied to facilities or parts 
 28.12  thereof completed in or after 1930.  The current value of the 
 28.13  facility shall be the replacement cost depreciated by 2.50 
 28.14  percent per annum from the date of construction of treatment 
 28.15  works and 1.25 percent per annum from the date of construction 
 28.16  of interceptors; and decreased further by a reasonable allowance 
 28.17  for obsolescence if the council commission determines that the 
 28.18  facility or any part thereof will not be useful for 
 28.19  council commission purposes for at least the remaining period 
 28.20  required to depreciate it fully, assuming no salvage value.  The 
 28.21  current value of each such facility shall be credited to each 
 28.22  local government unit in proportion to the amount of the 
 28.23  construction cost paid by that unit, as determined by 
 28.24  the council commission, taking into account reimbursements 
 28.25  previously made under contracts between any of the local 
 28.26  government units.  The council commission shall prepare an 
 28.27  itemized statement of the amount of credit each local government 
 28.28  unit is entitled to receive under this subdivision, and the 
 28.29  years and amounts of installments of principal and interest 
 28.30  thereon, and shall cause it to be mailed or delivered to the 
 28.31  governing body of each local government unit concerned.  All 
 28.32  credits allowed under this subdivision shall be used to finance 
 28.33  current costs allocated to the local government unit by 
 28.34  the council commission or for other sewer costs, and the credits 
 28.35  shall not be considered as proceeds from the sale of municipal 
 28.36  property so as to permit their use for other purposes. 
 29.1      Sec. 37.  Minnesota Statutes 1996, section 473.512, 
 29.2   subdivision 1, is amended to read: 
 29.3      Subdivision 1.  A member of a trade who is employed by the 
 29.4   former metropolitan waste control commission, and on July 1, 
 29.5   1994, is employed by the council, and on the effective date of 
 29.6   this section is employed by the commission on a permanent basis 
 29.7   with trade union pension plan coverage pursuant to a collective 
 29.8   bargaining agreement shall be excluded from coverage by the 
 29.9   Minnesota state retirement system if the member was first 
 29.10  employed on or after June 1, 1977 or, if the member was first 
 29.11  employed prior to June 1, 1977, has elected to be excluded from 
 29.12  coverage by the Minnesota state retirement system pursuant to 
 29.13  subdivision 2, and has accepted a refund of contributions 
 29.14  pursuant to subdivision 3. 
 29.15     Sec. 38.  Minnesota Statutes 1996, section 473.513, is 
 29.16  amended to read: 
 29.17     473.513 [MUNICIPAL PLANS AND PROGRAMS.] 
 29.18     As soon as practicable after the adoption of the first 
 29.19  policy plan by the council as provided in section 473.146, and 
 29.20  before undertaking the construction of any extensions or 
 29.21  additions to its disposal system or the substantial alteration 
 29.22  or improvement of its existing disposal system, each local 
 29.23  government unit shall adopt a similar policy plan for the 
 29.24  collection, treatment and disposal of sewage for which the local 
 29.25  government unit is responsible, coordinated with the council's 
 29.26  plan, and may revise the same as often as it deems necessary.  
 29.27  Each such plan shall be submitted forthwith to the council 
 29.28  commission for review and shall be subject to the approval of 
 29.29  the council commission as to those features affecting 
 29.30  the council's commission's responsibilities as determined by the 
 29.31  council.  Any such features disapproved by the council 
 29.32  commission shall be modified in accordance with the council's 
 29.33  commission's recommendations.  No construction of new sewers or 
 29.34  other disposal facilities, and no substantial alteration or 
 29.35  improvement of any existing sewers or other disposal facilities 
 29.36  involving such features, shall be undertaken by any local 
 30.1   government unit unless its governing body shall first find the 
 30.2   same to be in accordance with its comprehensive plan and program 
 30.3   as approved by the council.  At the time each local government 
 30.4   unit makes application to the Minnesota pollution control agency 
 30.5   for a permit to alter or improve its disposal system it shall 
 30.6   file with the council commission a copy of the application 
 30.7   together with design data and a location map of the project.  
 30.8      Sec. 39.  Minnesota Statutes 1996, section 473.515, is 
 30.9   amended to read: 
 30.10     473.515 [SEWAGE COLLECTION AND DISPOSAL; POWERS.] 
 30.11     Subdivision 1.  [IDENTIFICATION OF POWERS.] In addition to 
 30.12  all other powers conferred upon or delegated to the 
 30.13  council commission hereunder, it shall have the powers specified 
 30.14  in this section.  
 30.15     Subd. 2.  [RIGHT TO DISCHARGE TREATED SEWAGE.] The 
 30.16  council commission shall have the right to discharge the 
 30.17  effluent from any treatment works operated by it into any waters 
 30.18  of the state in accordance with any effluent or water quality 
 30.19  standards lawfully adopted by the pollution control agency.  
 30.20     Subd. 3.  [CONNECTIONS WITH METROPOLITAN SYSTEM.] The 
 30.21  council commission may require any person or local government 
 30.22  unit in the metropolitan area to provide for the discharge of 
 30.23  its sewage, directly or indirectly, into the metropolitan 
 30.24  disposal system, or to connect any disposal system or part 
 30.25  thereof with the metropolitan disposal system wherever 
 30.26  reasonable opportunity therefor is provided; may regulate the 
 30.27  manner in which such connections are made; may require any 
 30.28  person or local government unit discharging sewage into the 
 30.29  metropolitan disposal system to provide preliminary treatment 
 30.30  therefor; may prohibit the discharge into the metropolitan 
 30.31  disposal system of any substance which it determines will or may 
 30.32  be harmful to the system or any persons operating it; and may 
 30.33  require any local government unit to discontinue the 
 30.34  acquisition, betterment, or operation of any facility for its 
 30.35  disposal system wherever and so far as adequate service is or 
 30.36  will be provided by the metropolitan disposal system.  
 31.1      Sec. 40.  Minnesota Statutes 1996, section 473.5155, 
 31.2   subdivision 1, is amended to read: 
 31.3      Subdivision 1.  [REMEDIES AVAILABLE.] (a) For purposes of 
 31.4   this section, "violation" means any discharge or action by a 
 31.5   person that violates sections 473.501 to 473.549 or rules, 
 31.6   standards, variances, limitations, orders, stipulations, 
 31.7   agreements, schedules of compliance, or permits that are issued 
 31.8   or adopted by the council commission under sections 473.501 to 
 31.9   473.549. 
 31.10     (b) Each violation may be enforced by any one or a 
 31.11  combination of the following:  criminal prosecution, civil 
 31.12  action, or other appropriate action in accordance with sections 
 31.13  473.501 to 473.549.  
 31.14     Sec. 41.  Minnesota Statutes 1996, section 473.516, is 
 31.15  amended to read: 
 31.16     473.516 [WASTE FACILITIES; SEWAGE SLUDGE DISPOSAL.] 
 31.17     Subdivision 1.  [ACQUISITION AND OPERATION.] Without 
 31.18  limiting the grant or enumeration of any of the powers conferred 
 31.19  on the council commission under sections 473.501 to 473.549, the 
 31.20  council commission shall have the specific power to acquire by 
 31.21  purchase, lease, condemnation, gift or grant any real or 
 31.22  personal property, positive and negative easements and water and 
 31.23  air rights, and it may construct, enlarge, improve, replace, 
 31.24  repair, maintain and operate waste facilities in the 
 31.25  metropolitan area deemed to be necessary or convenient in 
 31.26  connection with the processing or disposal of waste resulting 
 31.27  from sewage treatment, and the council may commission must not 
 31.28  contract for the maintenance and operation of such waste 
 31.29  facilities, subject to the bidding requirements of section 
 31.30  473.523.  The council commission may accept for processing waste 
 31.31  derived from outside the metropolitan area in the state, as well 
 31.32  as waste derived from within the metropolitan area, and may fix 
 31.33  and collect fees and charges for the acceptance of waste as the 
 31.34  council commission determines to be reasonable. 
 31.35     Subd. 2.  [GENERAL REQUIREMENTS.] With respect to its 
 31.36  activities under this section, the council commission shall be 
 32.1   subject to and comply with the applicable provisions of this 
 32.2   chapter.  Property acquired by the council commission under this 
 32.3   section shall be subject to the provisions of section 473.545.  
 32.4   Any site or facility owned or operated for or by the council 
 32.5   commission shall conform to the policy plan adopted under 
 32.6   section 473.149.  The council shall commission may contract with 
 32.7   private persons for the construction, maintenance, and operation 
 32.8   of waste facilities, subject to the bidding requirements of 
 32.9   section 473.523, where the facilities are adequate and available 
 32.10  for use and competitive with other means of providing the same 
 32.11  service. 
 32.12     Subd. 3.  [LOCAL RESTRICTIONS.] Counties and local units of 
 32.13  government may impose conditions respecting the construction, 
 32.14  operation, inspection, monitoring, and maintenance of a waste 
 32.15  facility of the council commission and conditions respecting the 
 32.16  sale, gift, delivery, storage, use, and disposal of sewage 
 32.17  sludge of the council commission on private property as a soil 
 32.18  conditioner or amendment, but only in the manner and only to the 
 32.19  extent authorized and approved by the council commission and the 
 32.20  pollution control agency as being consistent with the 
 32.21  establishment and use of the council's commission's waste 
 32.22  facilities and the disposal of the council's commission's sewage 
 32.23  sludge on private property in accordance with the council's 
 32.24  plan, adopted under Minnesota Statutes 1992, section 473.153, 
 32.25  and agency permits and rules.  Counties may exercise the 
 32.26  enforcement powers granted under section 473.811, subdivision 
 32.27  5c, in the manner and to the extent authorized and approved in 
 32.28  accordance with this subdivision.  
 32.29     Subd. 4.  [TECHNICAL MONITORING; SEWAGE SLUDGE DISPOSAL.] 
 32.30  Each sewage sludge disposal facility of the council commission, 
 32.31  or site used for the disposal of sewage sludge of the council 
 32.32  commission, shall be required to have an agency permit issued 
 32.33  pursuant to agency rules for permitting sewage sludge disposal 
 32.34  facilities and sites.  Each permit shall require a regular 
 32.35  monitoring and testing program to be carried out by the council 
 32.36  commission.  A regular inspection program shall be conducted by 
 33.1   the agency or a county under contract to the agency.  
 33.2   The council commission shall reimburse the agency quarterly for 
 33.3   the cost of the program, and the amounts reimbursed are hereby 
 33.4   appropriated to the agency for the purposes of the program.  The 
 33.5   council commission shall attempt to the greatest practical 
 33.6   extent to provide a sludge quality that permits desired nutrient 
 33.7   loadings and minimizes elements not essential for plant growth 
 33.8   when sludge is disposed of on private property as a soil 
 33.9   conditioner or amendment.  The council commission shall provide 
 33.10  recipients with information on the facility generating the 
 33.11  sludge and the content of the sludge taken from its various 
 33.12  treatment facilities.  
 33.13     Subd. 5.  [SLUDGE ASH CONTRACTS.] Notwithstanding section 
 33.14  473.523, the council commission may enter into a negotiated 
 33.15  contract with a private person to use the sludge ash generated 
 33.16  by the council commission in a manufacturing process.  The 
 33.17  contract may not exceed 30 years. 
 33.18     Sec. 42.  Minnesota Statutes 1996, section 473.517, 
 33.19  subdivision 1, is amended to read: 
 33.20     Subdivision 1.  [CURRENT COSTS DEFINED.] The estimated 
 33.21  costs of operation, maintenance, and debt service of the 
 33.22  metropolitan disposal system to be paid by the council 
 33.23  commission in each fiscal year, and the costs of acquisition and 
 33.24  betterment of the system which are to be paid during the year 
 33.25  from funds other than bond proceeds, including all expenses 
 33.26  incurred by the council commission pursuant to sections 473.501 
 33.27  to 473.545, are referred to in this section as current costs, 
 33.28  and shall be allocated in the budget for that year to the 
 33.29  respective local government units in the metropolitan area as 
 33.30  provided in subdivisions 2 to 6.  The amount budgeted by 
 33.31  the council commission for any year for a reserve or contingency 
 33.32  fund must be treated as a current cost and allocated as a cost 
 33.33  of operation and maintenance in accordance with this section.  
 33.34  The reserve or contingency fund so established may not exceed an 
 33.35  amount equal to 7.5 percent of the council's commission's waste 
 33.36  control operating budget in total. 
 34.1      Sec. 43.  Minnesota Statutes 1996, section 473.517, 
 34.2   subdivision 2, is amended to read: 
 34.3      Subd. 2.  [ALLOCATION OF METROPOLITAN TREATMENT WORKS AND 
 34.4   INTERCEPTOR COSTS; ADJUSTED VOLUME.] Except as provided in 
 34.5   subdivision 3, the current costs of all treatment works and 
 34.6   interceptors in the metropolitan disposal system shall be 
 34.7   allocated among and paid by all local government units which 
 34.8   will discharge sewage, directly or indirectly, into the 
 34.9   metropolitan disposal system during the budget year, in 
 34.10  proportion to the total volume estimated to be so discharged by 
 34.11  each local government unit, adjusted as follows: 
 34.12     (a) increased or decreased, as the case may be, to the 
 34.13  extent the council commission determines, on the basis of such 
 34.14  historical and reasonably projected data as may be available, 
 34.15  that the sewage discharged by one unit will require more or less 
 34.16  treatment to produce a suitable effluent than that discharged by 
 34.17  others; 
 34.18     (b) decreased by any amount of surface water estimated by 
 34.19  the council commission to be discharged by a local government 
 34.20  unit from a combined storm and sanitary sewer system; 
 34.21     (c) increased by that volume of normal sanitary sewage 
 34.22  which is equivalent for treatment purposes to the volume of 
 34.23  surface water referred to in clause (b), as determined by the 
 34.24  council commission from available engineering data; and 
 34.25     (d) increased or decreased, as the case may be, by the 
 34.26  amount of any substantial and demonstrable error in a previous 
 34.27  estimate. 
 34.28     Sec. 44.  Minnesota Statutes 1996, section 473.517, 
 34.29  subdivision 3, is amended to read: 
 34.30     Subd. 3.  [ALLOCATION OF METROPOLITAN TREATMENT WORKS AND 
 34.31  INTERCEPTOR COSTS; RESERVED CAPACITY.] In preparing each budget 
 34.32  the council commission shall estimate the current costs of 
 34.33  acquisition, betterment, and debt service, only, of the 
 34.34  treatment works in the metropolitan disposal system which will 
 34.35  not be used to total capacity during the budget year, and the 
 34.36  percentage of such capacity which will not be used, and shall 
 35.1   deduct the same percentage of such treatment works costs from 
 35.2   the current costs allocated under subdivision 2.  The council 
 35.3   commission shall also estimate the current costs of acquisition, 
 35.4   betterment, and debt service, only, of the interceptors in the 
 35.5   metropolitan disposal system that will not be used to total 
 35.6   capacity during the budget year, shall estimate the percentage 
 35.7   of the total capacity that will not be used, and shall deduct 
 35.8   the same percentage of interceptor costs from the current costs 
 35.9   allocated under subdivision 2.  The total amount so deducted 
 35.10  with respect to all treatment works and interceptors in the 
 35.11  system shall be allocated among and paid by the respective local 
 35.12  government units in the metropolitan area for which system 
 35.13  capacity unused each year is reserved for future use, in 
 35.14  proportion to the amounts of such capacity reserved for each of 
 35.15  them.  
 35.16     Sec. 45.  Minnesota Statutes 1996, section 473.517, 
 35.17  subdivision 6, is amended to read: 
 35.18     Subd. 6.  [DEFERMENT OF PAYMENTS.] The council commission 
 35.19  may by resolution provide for the deferment of payment of all or 
 35.20  part of the current costs of acquisition, betterment, and debt 
 35.21  service of estimated unused capacity which are allocated by the 
 35.22  council commission to a local government unit in any year 
 35.23  pursuant to subdivision 3, repayable at such time or times as 
 35.24  the council commission shall specify in the resolution, with 
 35.25  interest at the approximate average annual rate borne by council 
 35.26  commission bonds outstanding at the time of the deferment, as 
 35.27  determined by the council commission.  Such costs may be 
 35.28  deferred only when the council commission determines that a 
 35.29  substantial portion of the territory of a local government unit 
 35.30  has not been connected to the metropolitan disposal system, and 
 35.31  that the amount of such costs or some portion thereof is 
 35.32  disproportionate to the available economic resources of the unit 
 35.33  at the time.  Such deferred costs shall be allocated to and paid 
 35.34  by all local government units in the metropolitan area which 
 35.35  will discharge sewage, directly or indirectly, into the 
 35.36  metropolitan disposal system in the budget year for which the 
 36.1   deferment is granted, in the same manner and proportions as 
 36.2   current costs are allocated under subdivision 2.  When such 
 36.3   deferred costs are repaid they shall be applied in reduction of 
 36.4   the total amount of costs thereafter allocated to each of the 
 36.5   local government units to which such deferred costs were 
 36.6   allocated in the year of deferment, in proportion to their 
 36.7   allocations thereof that year. 
 36.8      Sec. 46.  Minnesota Statutes 1996, section 473.517, 
 36.9   subdivision 9, is amended to read: 
 36.10     Subd. 9.  [ADVISORY COMMITTEES.] The council commission may 
 36.11  establish and appoint persons to advisory committees to assist 
 36.12  the council commission in the performance of its wastewater 
 36.13  control duties.  If established, the advisory committees shall 
 36.14  meet with the council commission to consult with such members 
 36.15  concerning the acquisition, betterment, operation and 
 36.16  maintenance of interceptors and treatment works in the 
 36.17  metropolitan disposal system, and the allocation of costs 
 36.18  therefor.  Members of the advisory committee serve without 
 36.19  compensation but must be reimbursed for their reasonable 
 36.20  expenses as determined by the council commission. 
 36.21     Sec. 47.  Minnesota Statutes 1996, section 473.519, is 
 36.22  amended to read: 
 36.23     473.519 [FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 
 36.24  1972; SYSTEM OF CHARGES.] 
 36.25     Each local government unit shall adopt a system of charges 
 36.26  for the use and availability of the metropolitan disposal system 
 36.27  which will assure that each recipient of waste treatment 
 36.28  services within or served by the unit will pay its proportionate 
 36.29  share of the current costs allocated to the unit by the 
 36.30  council commission under section 473.517, as required by the 
 36.31  federal Water Pollution Control Act amendments of 1972, and any 
 36.32  regulations issued pursuant thereto.  Each system of charges 
 36.33  shall be adopted as soon as possible and shall be submitted to 
 36.34  the council commission.  The council commission shall review 
 36.35  each system of charges to determine whether it complies with the 
 36.36  federal law and regulations.  If it determines that a system of 
 37.1   charges does not comply, the adopting unit shall be notified and 
 37.2   shall change its system to comply, and shall submit the changes 
 37.3   to the council commission for review.  All subsequent changes in 
 37.4   a system of charges proposed by a local government unit shall 
 37.5   also be submitted to the council commission for review.  
 37.6      Sec. 48.  Minnesota Statutes 1996, section 473.521, is 
 37.7   amended to read: 
 37.8      473.521 [PAYMENTS TO COUNCIL COMMISSION.] 
 37.9      Subdivision 1.  [AMOUNTS DUE COUNCIL COMMISSION, WHEN 
 37.10  PAYABLE.] Charges payable to the council commission by local 
 37.11  government units may be made payable at such times during each 
 37.12  year as the council commission determines, but such dates shall 
 37.13  be fixed with reference to the dates on which tax, assessment, 
 37.14  and revenue collections become available to the government units 
 37.15  required to pay such charges.  
 37.16     Subd. 2.  [COMPONENT MUNICIPALITIES, OBLIGATIONS TO COUNCIL 
 37.17  COMMISSION.] Each government unit shall pay to the council 
 37.18  commission all sums charged to it as provided in section 
 37.19  473.517, at the times and in the manner determined by 
 37.20  the council commission.  The governing body of each such 
 37.21  government unit shall take all action that may be necessary to 
 37.22  provide the funds required for such payments and to make the 
 37.23  same when due.  
 37.24     Subd. 3.  [POWERS OF GOVERNMENT UNITS.] To accomplish any 
 37.25  duty imposed on it by the council commission, the governing body 
 37.26  of every government unit in the metropolitan area may exercise 
 37.27  the powers granted any municipality by chapters 117, 412, 429, 
 37.28  475, sections 115.46, 444.075 and 471.59.  
 37.29     Subd. 4.  [DEFICIENCY TAX LEVIES.] If the governing body of 
 37.30  any local government unit fails to meet any payment to 
 37.31  the council commission hereunder when due, the metropolitan 
 37.32  council commission may certify to the auditor of the county in 
 37.33  which the government unit is located the amount required for 
 37.34  payment of such amount with interest at six percent per annum.  
 37.35  The auditor shall levy and extend such amount as a tax upon all 
 37.36  taxable property in the government unit for the next calendar 
 38.1   year, free from any existing limitations imposed by law or 
 38.2   charter.  Such tax shall be collected in the same manner as the 
 38.3   general taxes of the government unit, and the proceeds thereof, 
 38.4   when collected, shall be paid by the county treasurer to the 
 38.5   treasurer of the council commission and credited to the 
 38.6   government unit for which the tax was levied. 
 38.7      Sec. 49.  Minnesota Statutes 1996, section 473.523, is 
 38.8   amended to read: 
 38.9      473.523 [CONTRACTS FOR CONSTRUCTION MATERIALS, SUPPLIES, 
 38.10  AND EQUIPMENT.] 
 38.11     Subdivision 1.  All contracts for construction work, or for 
 38.12  the purchase of materials, supplies, or equipment relating to 
 38.13  the metropolitan disposal system shall be made as provided in 
 38.14  section 471.345, subdivisions 3 to 6.  Contracts subject to 
 38.15  section 471.345, subdivision 3, shall be made by the council 
 38.16  commission by publishing once in a legal newspaper or trade 
 38.17  paper published in a city of the first class not less than two 
 38.18  weeks before the last day for submission of bids, notice that 
 38.19  bids or proposals will be received.  Such notice shall state the 
 38.20  nature of the work or purchase and the terms and conditions upon 
 38.21  which the contract is to be awarded, and a time and place where 
 38.22  such bids will be received, opened, and read publicly.  After 
 38.23  such bids have been duly received, opened, read publicly, and 
 38.24  recorded, the council commission shall award such contract to 
 38.25  the lowest responsible bidder or it may reject all bids and 
 38.26  readvertise.  Each contract shall be duly executed in writing 
 38.27  and the party to whom the contract is awarded shall give 
 38.28  sufficient bond or security to the board for the faithful 
 38.29  performance of the contract as required by law.  The council 
 38.30  commission shall have the right to set qualifications and 
 38.31  specifications and to require bids to meet all such 
 38.32  qualifications and specifications before being accepted.  If the 
 38.33  council commission by an affirmative vote of two-thirds of its 
 38.34  members declares that an emergency exists requiring the 
 38.35  immediate purchase of materials or supplies at a cost in excess 
 38.36  of the amount specified in section 471.345, subdivision 3, or in 
 39.1   making emergency repairs, it shall not be necessary to advertise 
 39.2   for bids. 
 39.3      Subd. 2.  The manager of wastewater services may chief 
 39.4   administrator, without prior approval of the council commission 
 39.5   and without advertising for bids, enter into any contract of the 
 39.6   type referred to in subdivision 1 which is not in excess of the 
 39.7   amount specified in section 471.345, subdivision 3.  
 39.8      Sec. 50.  Minnesota Statutes 1996, section 473.535, is 
 39.9   amended to read: 
 39.10     473.535 [CAPITAL IMPROVEMENT PROGRAM; BUDGET.] 
 39.11     The council commission shall prepare and adopt a capital 
 39.12  improvement program and a budget for the acquisition or 
 39.13  betterment of any interceptors or treatment works determined by 
 39.14  the council commission to be necessary or desirable for the 
 39.15  metropolitan disposal system.  When the council commission 
 39.16  issues debt under section 473.541, it must be for the projects 
 39.17  identified in the adopted capital improvement program and budget.
 39.18     Sec. 51.  Minnesota Statutes 1996, section 473.541, is 
 39.19  amended to read: 
 39.20     473.541 [DEBT OBLIGATIONS.] 
 39.21     Subdivision 1.  [CERTIFICATES OF INDEBTEDNESS.] At any time 
 39.22  or times after approval of an annual budget, and in anticipation 
 39.23  of the collection of tax and other revenues appropriated in the 
 39.24  budget, the council commission may by resolution authorize the 
 39.25  issuance, negotiation, and sale, in such form and manner and 
 39.26  upon such terms as it may determine, of general obligation 
 39.27  certificates of indebtedness in aggregate principal amounts not 
 39.28  exceeding 50 percent of the total amount of such appropriations, 
 39.29  and maturing not later than April 1 following the close of the 
 39.30  budget year.  All receipts of tax and other revenues included in 
 39.31  the budget, after the expenditure of appropriated funds, shall 
 39.32  be irrevocably appropriated to a special fund to pay the 
 39.33  principal of and the interest on the certificates when due.  If 
 39.34  for some reason the anticipated revenues are insufficient to pay 
 39.35  the certificates and interest thereon when due, the council 
 39.36  commission shall levy a tax in the amount of the deficiency on 
 40.1   all taxable property in the metropolitan area, and shall 
 40.2   appropriate this amount to the special fund, to be credited 
 40.3   thereto from the first tax and other revenues received in the 
 40.4   following budget year.  
 40.5      Subd. 2.  [EMERGENCY CERTIFICATES OF INDEBTEDNESS.] If in 
 40.6   any budget year the receipts of tax and other revenues should 
 40.7   from some unforeseen cause become insufficient to pay the 
 40.8   council's commissioner's current wastewater control expenses, or 
 40.9   if any calamity or other public emergency should subject it to 
 40.10  the necessity of making extraordinary wastewater control 
 40.11  expenditures, the council commission may make an emergency 
 40.12  appropriation of an amount sufficient to meet the deficiency and 
 40.13  may authorize the issuance, negotiation, and sale of 
 40.14  certificates of indebtedness in this amount in the same manner 
 40.15  and upon the same conditions as provided in subdivision 1, 
 40.16  except that the council commission shall forthwith levy on all 
 40.17  taxable property in the metropolitan area a tax sufficient to 
 40.18  pay the certificates and interest thereon, and shall appropriate 
 40.19  all collections of such tax to a special fund created for that 
 40.20  purpose.  The certificates may mature not later than April in 
 40.21  the year following the year in which the tax is collectible.  
 40.22     Subd. 3.  [GENERAL OBLIGATION BONDS.] The council 
 40.23  commission may by resolution authorize the issuance of general 
 40.24  obligation bonds for the acquisition or betterment of any 
 40.25  interceptors or treatment works determined to be necessary or 
 40.26  desirable for the metropolitan disposal system, or for the 
 40.27  refunding of outstanding bonds, certificates of indebtedness, or 
 40.28  judgments.  The council commission shall provide for the 
 40.29  issuance and sale and for the security of such bonds in the 
 40.30  manner provided in chapter 475, and shall have the same powers 
 40.31  and duties as a municipality issuing bonds under that law, 
 40.32  except that no election shall be required and the net debt 
 40.33  limitations in chapter 475 shall not apply to such bonds.  
 40.34  The council commission may also pledge for the payment of such 
 40.35  bonds any revenues receivable under section 473.517.  
 40.36     Subd. 4.  [REVENUE BONDS.] (a) The council commission may, 
 41.1   by resolution, authorize the issuance of revenue bonds for any 
 41.2   purpose for which general obligation bonds may be issued under 
 41.3   subdivision 3.  The bonds shall be sold, issued, and secured in 
 41.4   the manner provided in chapter 475 for bonds payable solely from 
 41.5   revenues, except as otherwise provided in this subdivision, and 
 41.6   the council commission shall have the same powers and duties as 
 41.7   a municipality and its governing body in issuing bonds under 
 41.8   that chapter.  The bonds shall be payable from and secured by a 
 41.9   pledge of all or any part of revenues receivable under section 
 41.10  473.517, shall not, and shall state they do not, represent or 
 41.11  constitute a general obligation or debt of the council 
 41.12  commission, and shall not be included in the net debt of any 
 41.13  city, county, or other subdivision of the state for the purpose 
 41.14  of any net debt limitation.  The proceeds of the bonds may be 
 41.15  used to pay credit enhancement fees.  
 41.16     (b) The bonds may be secured by a bond resolution, or a 
 41.17  trust indenture entered into by the council commission with a 
 41.18  corporate trustee within or outside the state, which shall 
 41.19  define the revenues and bond proceeds pledged for the payment 
 41.20  and security of the bonds.  The pledge shall be a valid charge 
 41.21  on the revenues received under section 473.517.  No mortgage of 
 41.22  or security interest in any tangible real or personal property 
 41.23  shall be granted to the bondholders or the trustee, but they 
 41.24  shall have a valid security interest in the revenues and bond 
 41.25  proceeds received by the council commission and pledged to the 
 41.26  payment of the bonds as against the claims of all persons in 
 41.27  tort, contract, or otherwise, irrespective of whether such 
 41.28  parties have notice thereof and without possession or filing as 
 41.29  provided in the Uniform Commercial Code or any other law, 
 41.30  subject, however, to the rights of the holders of any general 
 41.31  obligation bonds issued under subdivision 3.  In the bond 
 41.32  resolution or trust indenture, the council commission may make 
 41.33  such covenants as it determines to be reasonable for the 
 41.34  protection of the bondholders, including a covenant to issue 
 41.35  general obligation bonds to refund the revenue bonds if and to 
 41.36  the extent required to pay principal and interest on the bonds 
 42.1   and to certify a deficiency tax levy as provided in section 
 42.2   473.521, subdivision 4.  
 42.3      (c) Neither the council commission, nor any council 
 42.4   commission member, officer, employee, or agent of the council 
 42.5   commission, nor any person executing the bonds shall be liable 
 42.6   personally on the bonds by reason of their issuance.  The bonds 
 42.7   shall not be payable from nor a charge upon any funds other than 
 42.8   the revenues and bond proceeds pledged to the payment thereof, 
 42.9   nor shall the council commission be subject to any liability 
 42.10  thereon or have the power to obligate itself to pay or to pay 
 42.11  the bonds from funds other than the revenues and bond proceeds 
 42.12  pledged, and no holder or holders of bonds shall ever have the 
 42.13  right to compel any exercise of the taxing power of the 
 42.14  council commission (except any deficiency tax levy the council 
 42.15  commission covenants to certify under section 473.521, 
 42.16  subdivision 4) or any other public body, to the payment of 
 42.17  principal of or interest on the bonds, nor to enforce payment 
 42.18  thereof against any property of the council or other public body 
 42.19  other than that expressly pledged for the payment thereof.  
 42.20     Sec. 52.  Minnesota Statutes 1996, section 473.542, is 
 42.21  amended to read: 
 42.22     473.542 [DEPOSITORIES.] 
 42.23     The council commission shall from time to time designate 
 42.24  one or more national or state banks, or trust companies 
 42.25  authorized to do a banking business, as official depositories 
 42.26  for moneys of the council commission, and thereupon shall 
 42.27  require the treasurer to deposit all or a part of such moneys in 
 42.28  such institutions.  Such designation shall be in writing and 
 42.29  shall set forth all the terms and conditions upon which the 
 42.30  deposits are made, and shall be signed by the chair and 
 42.31  treasurer, and made a part of the minutes of the council 
 42.32  commission.  Any bank or trust company so designated shall 
 42.33  qualify as a depository by furnishing a corporate surety bond or 
 42.34  collateral in the amounts required by section 118A.03.  However, 
 42.35  no bond or collateral shall be required to secure any deposit 
 42.36  insofar as it is insured under federal law.  
 43.1      Sec. 53.  Minnesota Statutes 1996, section 473.543, is 
 43.2   amended to read: 
 43.3      473.543 [MONEYS, ACCOUNTS AND INVESTMENTS.] 
 43.4      Subdivision 1.  [DISPOSED OF AS BUDGETED; PLEDGES.] All 
 43.5   moneys from wastewater control operations received by the 
 43.6   council commission shall be deposited or invested by the 
 43.7   treasurer and disposed of as the council commission may direct 
 43.8   in accordance with its waste control budget; provided that any 
 43.9   moneys that have been pledged or dedicated by the metropolitan 
 43.10  council commission to the payment of obligations or interest 
 43.11  thereon or expenses incident thereto, or for any other specific 
 43.12  purpose authorized by law, shall be paid by the treasurer into 
 43.13  the fund to which they have been pledged.  
 43.14     Subd. 2.  [ACCOUNTS.] The council's commission's treasurer 
 43.15  shall establish such funds and accounts as may be necessary or 
 43.16  convenient to handle the receipts and disbursements of the 
 43.17  council commission in an orderly fashion.  
 43.18     Subd. 3.  [WHERE TO DEPOSIT; HOW TO INVEST.] The moneys on 
 43.19  hand in said funds and accounts may be deposited in the official 
 43.20  depositories of the council commission or invested as 
 43.21  hereinafter provided.  The amount thereof not currently needed 
 43.22  or required by law to be kept in cash on deposit may be invested 
 43.23  in obligations authorized for the investment of public funds by 
 43.24  section 118A.04.  Such moneys may also be held under 
 43.25  certificates of deposit issued by any official depository of the 
 43.26  council commission.  
 43.27     Subd. 4.  [BOND PROCEEDS.] The use of proceeds of all bonds 
 43.28  issued by the council commission for the acquisition and 
 43.29  betterment of interceptors or treatment works, and the use, 
 43.30  other than investment, of all moneys on hand in any sinking fund 
 43.31  or funds of the council commission, shall be governed by the 
 43.32  provisions of chapter 475, and the provisions of resolutions 
 43.33  authorizing the issuance of such bonds. 
 43.34     Sec. 54.  Minnesota Statutes 1996, section 473.545, is 
 43.35  amended to read: 
 43.36     473.545 [PROPERTY EXEMPT FROM TAXATION.] 
 44.1      Any properties, real or personal, owned, leased, 
 44.2   controlled, used, or occupied by the council commission for any 
 44.3   purpose referred to in Minnesota Statutes 1984, section 473.502, 
 44.4   are declared to be acquired, owned, leased, controlled, used and 
 44.5   occupied for public, governmental, and municipal purposes, and 
 44.6   shall be exempt from taxation by the state or any political 
 44.7   subdivision of the state, provided that such properties shall be 
 44.8   subject to special assessments levied by a political subdivision 
 44.9   for a local improvement in amounts proportionate to and not 
 44.10  exceeding the special benefit received by the properties from 
 44.11  such improvement.  No possible use of any such properties in any 
 44.12  manner different from their use as part of the metropolitan 
 44.13  disposal system at the time shall be considered in determining 
 44.14  the special benefit received by such properties.  All such 
 44.15  assessments shall be subject to final confirmation by the 
 44.16  metropolitan council commission, whose determination of the 
 44.17  benefits shall be conclusive upon the political subdivision 
 44.18  levying the assessment.  
 44.19     Sec. 55.  Minnesota Statutes 1996, section 473.547, is 
 44.20  amended to read: 
 44.21     473.547 [TAX LEVIES.] 
 44.22     The council commission shall have power to levy taxes for 
 44.23  debt service of the metropolitan disposal system upon all 
 44.24  taxable property within the metropolitan area, without 
 44.25  limitation of rate or amount and without affecting the amount or 
 44.26  rate of taxes which may be levied by the council for other 
 44.27  purposes or by any local government unit in the area.  
 44.28  The council commission shall also have power to levy taxes as 
 44.29  provided in section 473.521.  Each of the county auditors shall 
 44.30  annually assess and extend upon the tax rolls in the auditor's 
 44.31  county the portion of the taxes levied by the council commission 
 44.32  in each year which is certified to the auditor by the council 
 44.33  commission.  Each county treasurer shall collect and make 
 44.34  settlement of such taxes with the council commission in the same 
 44.35  manner as with other political subdivisions. 
 44.36     Sec. 56.  Minnesota Statutes 1996, section 473.549, is 
 45.1   amended to read: 
 45.2      473.549 [RELATION TO EXISTING LAWS.] 
 45.3      The provisions of sections 473.501 to 473.549 shall be 
 45.4   given full effect notwithstanding the provisions of any law not 
 45.5   consistent therewith.  The powers conferred on the 
 45.6   council commission under sections 473.501 to 473.545 shall in no 
 45.7   way diminish or supersede the powers conferred on the pollution 
 45.8   control agency by sections 103F.701 to 103F.761 and chapters 115 
 45.9   and 116. 
 45.10     Sec. 57.  [TRANSITION.] 
 45.11     The powers, duties, assets, and liabilities of the 
 45.12  metropolitan council relating to the metropolitan disposal 
 45.13  system are transferred to the metropolitan waste control 
 45.14  commission.  Minnesota Statutes, section 15.039 applies to the 
 45.15  transfer to the extent practicable. 
 45.16     Sec. 58.  [APPLICATION.] 
 45.17     Sections 1 to 57 apply in the counties of Anoka, Carver, 
 45.18  Dakota, Hennepin, Ramsey, Scott, and Washington. 
 45.19     Sec. 59.  [EFFECTIVE DATE.] 
 45.20     This act is effective July 1, 1998.