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SF 1799

as introduced - 92nd Legislature (2021 - 2022) Posted on 08/12/2021 04:35pm

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

Current Version - as introduced

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A bill for an act
relating to taxation; property; allowing for energy improvement project special
assessments; amending Minnesota Statutes 2020, sections 429.011, by adding a
subdivision; 429.021, subdivision 1; 429.031, subdivision 3.

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

Section 1.

Minnesota Statutes 2020, section 429.011, is amended by adding a subdivision
to read:


new text begin Subd. 17. new text end

new text begin Energy improvement projects. new text end

new text begin "Energy improvement projects" has the
meaning given in section 216C.42, subdivision 2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for special assessments payable in 2022
and thereafter.
new text end

Sec. 2.

Minnesota Statutes 2020, section 429.021, subdivision 1, is amended to read:


Subdivision 1.

Improvements authorized.

The council of a municipality shall have
power to make the following improvements:

(1) To acquire, open, and widen any street, and to improve the same by constructing,
reconstructing, and maintaining sidewalks, pavement, gutters, curbs, and vehicle parking
strips of any material, or by grading, graveling, oiling, or otherwise improving the same,
including the beautification thereof and including storm sewers or other street drainage and
connections from sewer, water, or similar mains to curb lines.

(2) To acquire, develop, construct, reconstruct, extend, and maintain storm and sanitary
sewers and systems, including outlets, holding areas and ponds, treatment plants, pumps,
lift stations, service connections, and other appurtenances of a sewer system, within and
without the corporate limits.

(3) To construct, reconstruct, extend, and maintain steam heating mains.

(4) To install, replace, extend, and maintain street lights and street lighting systems and
special lighting systems.

(5) To acquire, improve, construct, reconstruct, extend, and maintain water works systems,
including mains, valves, hydrants, service connections, wells, pumps, reservoirs, tanks,
treatment plants, and other appurtenances of a water works system, within and without the
corporate limits.

(6) To acquire, improve and equip parks, open space areas, playgrounds, and recreational
facilities within or without the corporate limits.

(7) To plant trees on streets and provide for their trimming, care, and removal.

(8) To abate nuisances and to drain swamps, marshes, and ponds on public or private
property and to fill the same.

(9) To construct, reconstruct, extend, and maintain dikes and other flood control works.

(10) To construct, reconstruct, extend, and maintain retaining walls and area walls.

(11) To acquire, construct, reconstruct, improve, alter, extend, operate, maintain, and
promote a pedestrian skyway system. Such improvement may be made upon a petition
pursuant to section 429.031, subdivision 3.

(12) To acquire, construct, reconstruct, extend, operate, maintain, and promote
underground pedestrian concourses.

(13) To acquire, construct, improve, alter, extend, operate, maintain, and promote public
malls, plazas or courtyards.

(14) To construct, reconstruct, extend, and maintain district heating systems.

(15) To construct, reconstruct, alter, extend, operate, maintain, and promote fire protection
systems in existing buildings, but only upon a petition pursuant to section 429.031,
subdivision 3
.

(16) To acquire, construct, reconstruct, improve, alter, extend, and maintain highway
sound barriers.

(17) To improve, construct, reconstruct, extend, and maintain gas and electric distribution
facilities owned by a municipal gas or electric utility.

(18) To purchase, install, and maintain signs, posts, and other markers for addressing
related to the operation of enhanced 911 telephone service.

(19) To improve, construct, extend, and maintain facilities for Internet access and other
communications purposes, if the council finds that:

(i) the facilities are necessary to make available Internet access or other communications
services that are not and will not be available through other providers or the private market
in the reasonably foreseeable future; and

(ii) the service to be provided by the facilities will not compete with service provided
by private entities.

(20) To assess affected property owners for all or a portion of the costs agreed to with
an electric utility, telecommunications carrier, or cable system operator to bury or alter a
new or existing distribution system within the public right-of-way that exceeds the utility's
design and construction standards, or those set by law, tariff, or franchise, but only upon
petition under section 429.031, subdivision 3.

(21) To assess affected property owners for repayment of voluntary energy improvement
financings under section 216C.436, subdivision 7, or 216C.437, subdivision 28.

new text begin (22) To construct, reconstruct, alter, extend, operate, maintain, and promote energy
improvement projects in existing buildings, but only upon a petition pursuant to section
429.031, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for special assessments payable in 2022
and thereafter.
new text end

Sec. 3.

Minnesota Statutes 2020, section 429.031, subdivision 3, is amended to read:


Subd. 3.

Petition by all owners.

Whenever all owners of real property abutting upon
any street named as the location of any improvement shall petition the council to construct
the improvement and to assess the entire cost against their property, the council may, without
a public hearing, adopt a resolution determining such fact and ordering the improvement.
The validity of the resolution shall not be questioned by any taxpayer or property owner or
the municipality unless an action for that purpose is commenced within 30 days after adoption
of the resolution as provided in section 429.036. Nothing herein prevents any property
owner from questioning the amount or validity of the special assessment against the owner's
property pursuant to section 429.081. In the case of a petition for the municipality to own
and install a fire protection system,new text begin energy improvement projects,new text end a pedestrian skyway
system, or on-site water contaminant improvements, the petition must contain or be
accompanied by an undertaking satisfactory to the city by the petitioner that the petitioner
will grant the municipality the necessary property interest in the building to permit the city
to enter upon the property and the building to construct, maintain, and operate the fire
protection system,new text begin energy improvement projects,new text end pedestrian skyway system, or on-site water
contaminant improvements. In the case of a petition for the installation of a privately owned
fire protection system, new text beginenergy improvement projects, new text enda privately owned pedestrian skyway
system, or privately owned on-site water contaminant improvements, the petition shall
contain the plans and specifications for the improvement, the estimated cost of the
improvement and a statement indicating whether the city or the owner will contract for the
construction of the improvement. If the owner is contracting for the construction of the
improvement, the city shall not approve the petition until it has reviewed and approved the
plans, specifications, and cost estimates contained in the petition. The construction cost
financed under section 429.091 shall not exceed the amount of the cost estimate contained
in the petition. In the case of a petition for the installation of a fire protection system, new text beginenergy
improvement projects,
new text enda pedestrian skyway system, or on-site water contaminant
improvements, the petitioner may request abandonment of the improvement at any time
after it has been ordered pursuant to subdivision 1 and before contracts have been awarded
for the construction of the improvement under section 429.041, subdivision 2. If such a
request is received, the city council shall abandon the proceedings but in such case the
petitioner shall reimburse the city for any and all expenses incurred by the city in connection
with the improvement.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for special assessments payable in 2022
and thereafter.
new text end