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SF 1267

as introduced - 90th Legislature (2017 - 2018) Posted on 02/23/2017 09:30am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to the Metropolitan Council; requiring approval before implementation
of the Thrive MSP 2040 metropolitan development guide; requiring revision after
local government input; providing for legislative approval of housing-related plans
and goals; allowing local governments to reject population and demographic
assumptions; amending Minnesota Statutes 2016, sections 473.145; 473.254,
subdivisions 2, 3a; 473.857, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 473.145, is amended to read:


473.145 DEVELOPMENT GUIDE.

The Metropolitan Council shall prepare and adopt, after appropriate study and such
public hearings as may be necessary, a comprehensive development guide for the
metropolitan area. It shall consist of a compilation of policy statements, goals, standards,
programs, and maps prescribing guides for the orderly and economical development, public
and private, of the metropolitan area. The comprehensive development guide shall recognize
and encompass physical, social, or economic needs of the metropolitan area and those future
developments which will have an impact on the entire area including but not limited to such
matters as land use, parks and open space land needs, the necessity for and location of
airports, highways, transit facilities, public hospitals, libraries, schools, and other public
buildings.new text begin Notwithstanding any council action to adopt it, a plan or plan element relating
to housing does not take effect until a law is enacted approving the plan.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies to plans adopted before, on, or after that date. This section
applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 2.

Minnesota Statutes 2016, section 473.254, subdivision 2, is amended to read:


Subd. 2.

Affordable, life-cycle goals.

The council shall negotiate with each municipality
to establish affordable and life-cycle housing goals for that municipality that are consistent
with and promote the policies of the Metropolitan Council as provided in the adopted
Metropolitan Development Guide. The council shall adopt, by resolution after a public
hearing, the negotiated affordable and life-cycle housing goals for each municipality by
January 15, 1996, and by January 15 in each succeeding year for each municipality newly
electing to participate in the program or for each municipality with which new housing
goals have been negotiated. By June 30, 1996, and by June 30 in each succeeding year for
each municipality newly electing to participate in the program or for each municipality with
which new housing goals have been negotiated, each municipality shall identify to the
council the actions it plans to take to meet the established housing goals.

new text begin Beginning in 2018, the negotiated affordable and life-cycle housing goals for each
municipality must be submitted by January 15 each year to the chairs and ranking minority
members of the legislative committees with jurisdiction over the Metropolitan Council and
housing policy and finance, and may be adopted by the council only after a law is enacted
approving them or the legislature has adjourned its regular session for that calendar year
without taking any action on the matter.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 3.

Minnesota Statutes 2016, section 473.254, subdivision 3a, is amended to read:


Subd. 3a.

Affordable, life-cycle housing opportunities amount.

(a) Each municipality's
"affordable and life-cycle housing opportunities amount" for that year must be determined
annually by the council using the method in this subdivision. The affordable and life-cycle
housing opportunities amount must be determined for each calendar year for all municipalities
in the metropolitan area.

(b) The council must allocate to each municipality its portion of the $1,000,000 of the
revenue generated by the levy authorized in section 473.249 which is credited to the local
housing incentives account pursuant to subdivision 5, paragraph (b). The allocation must
be made by determining the amount levied for and payable in each municipality in the
previous calendar year pursuant to the council levy in section 473.249 divided by the total
amount levied for and payable in the metropolitan area in the previous calendar year pursuant
to such levy and multiplying that result by $1,000,000.

(c) The council must also determine the amount levied for and payable in each
municipality in the previous calendar year pursuant to the council levy in section 473.253,
subdivision 1
.

(d) A municipality's affordable and life-cycle housing opportunities amount for the
calendar year is the sum of the amounts determined under paragraphs (b) and (c).

new text begin (e) The council must report to the chairs and ranking minority members of the legislative
committees with jurisdiction over the Metropolitan Council and housing policy and finance
by March 15 each year the council's estimated amount under paragraph (d). The legislature
may approve, modify, or reject the amounts the council will use in paragraph (f). If no law
is enacted to approve, modify, or reject the amounts during the regular legislative session
for that calendar year, the council may proceed with its proposed amounts.
new text end

deleted text begin (e)deleted text end new text begin (f)new text end By August 1 of each year, the council must notify each municipality of its
affordable and life-cycle housing opportunities amount for the following calendar year
determined by the method in this subdivision.

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 4.

Minnesota Statutes 2016, section 473.857, subdivision 1, is amended to read:


Subdivision 1.

new text begin Population data challenges; new text end request for hearing.

new text begin (a) A local government
may, by resolution, reject the council's population and demographic assumptions as they
apply to the local government and are provided in the system statement. The council must
reconsider its population and demographic analysis with regard to that local government,
taking into account the basis for the rejection and any data provided by the local government
in its resolution, and provide the results to the local government.
new text end

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

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 5. new text begin THRIVE MSP 2040, REVISION REQUIRED.
new text end

new text begin (a) The Metropolitan Council must not implement the policy statements, goals, standards,
programs, and maps prescribing guides for the orderly and economical development, public
and private, of the metropolitan area, including specifically the transportation, parks and
open space, and housing policy plans and programs, in the metropolitan development guide
adopted by the Metropolitan Council on May 28, 2014, known as Thrive MSP 2040, until
a law is enacted approving a revised guide prepared as required in paragraph (b).
new text end

new text begin (b) The Metropolitan Council must revise the metropolitan development guide so it
reflects a balance of regional and local goals for the orderly and economical development,
public and private, of the metropolitan area. The guide must be developed in close, ongoing
consultation and cooperation with the local governments in the region, and the guide may
not be submitted to the legislature for approval until at least 50 percent of the counties and
50 percent of the statutory and home rule charter cities in the region have adopted and
submitted to the council resolutions in support of the proposed metropolitan development
guide.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end