Minnesota Legislature
SF 3482
as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2022 09:19am
Current Version - as introduced
3.2 3.3
3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25
4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33
6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13
6.14 6.15 6.16 6.17 6.18 6.19 6.20
6.21 6.22 6.23 6.24
6.25 6.26 6.27 6.28 6.29
7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22
8.23 8.24 8.25 8.26 8.27 8.28 8.29 9.1 9.2 9.3 9.4 9.5 9.6
9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22
9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 10.1 10.2 10.3 10.4 10.5
10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22
10.23 10.24 10.25 10.26 10.27 10.28 10.29 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16
11.17 11.18 11.19 11.20 11.21 11.22
11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10
12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31
14.1 14.2 14.3 14.4 14.5 14.6
14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31
15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29
15.30 15.31 15.32 15.33
16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16
16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24
16.25 16.26 16.27 16.28 16.29 16.30 16.31 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11
17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15
18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 19.1 19.2 19.3
19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 20.1 20.2
20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15
20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24
20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 21.1 21.2 21.3 21.4
21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30
21.31 21.32 21.33 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8
22.9 22.10 22.11 22.12 22.13
22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 24.1 24.2 24.3 24.4 24.5 24.6
24.7 24.8 24.9 24.10 24.11 24.12
24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21
24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12
25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21
25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30
26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22
26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32
27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11
27.12 27.13 27.14 27.15 27.16 27.17
27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 28.1 28.2 28.3 28.4 28.5 28.6
28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22
28.23 28.24 28.25 28.26 28.27 28.28
28.29 28.30 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15
29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24
30.25 30.26 30.27 30.28 30.29 30.30 30.31
31.1 31.2 31.3 31.4 31.5 31.6 31.7
31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12
32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3
36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16
37.17 37.18 37.19 37.20 37.21 37.22
37.23 37.24 37.25 37.26 37.27 37.28 37.29
38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16
39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30
41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14
41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 43.1 43.2 43.3 43.4 43.5
43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 45.1 45.2 45.3
45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21
48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23
49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33
50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31
52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13
52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 53.1 53.2 53.3
53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 54.1 54.2
54.3 54.4 54.5 54.6 54.7
54.8 54.9 54.10 54.11 54.12
54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31
55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8
55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14
57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26
59.27 59.28 59.29 59.30 59.31 59.32 60.1 60.2 60.3 60.4 60.5 60.6 60.7
60.8 60.9 60.10 60.11 60.12 60.13
60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33
61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30
61.31 61.32 61.33 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15
62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32
63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9
63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25
63.26 63.27 63.28 63.29 63.30 63.31 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8
64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22
64.23 64.24 64.25 64.26 64.27 64.28
65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16
66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27
66.28 66.29 66.30 66.31 66.32 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27
69.28 69.29 69.30 69.31 69.32 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19
70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31
71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 72.1 72.2 72.3
72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32
73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 74.1 74.2
74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21
74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33
75.1 75.2 75.3 75.4
75.5 75.6 75.7 75.8 75.9 75.10 75.11
75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26
75.27 75.28 75.29 75.30 75.31 76.1 76.2 76.3 76.4
76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17
76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25
76.26 76.27 76.28 76.29 76.30 76.31 76.32 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27
77.28 77.29 77.30 77.31 77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 79.1 79.2
79.3 79.4 79.5 79.6 79.7 79.8
79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24
79.25 79.26 79.27 79.28 79.29 79.30 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8
80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 81.1 81.2 81.3 81.4 81.5
81.6 81.7 81.8 81.9 81.10
81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20
81.21 81.22
81.23 81.24
81.25 81.26 81.27 81.28 81.29 81.30 82.1 82.2 82.3 82.4 82.5 82.6
82.7 82.8 82.9 82.10 82.11
82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22
82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30
84.1 84.2 84.3 84.4 84.5
84.6 84.7
84.8 84.9
84.10 84.11
84.12 84.13 84.14 84.15 84.16
84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30
85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19
85.20 85.21 85.22 85.23 85.24 85.25 85.26
85.27 85.28 85.29 85.30 85.31 85.32 86.1 86.2 86.3 86.4 86.5 86.6 86.7
86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22
86.23 86.24 86.25
86.26 86.27
87.1 87.2
87.3 87.4 87.5 87.6 87.7
87.8 87.9
87.10 87.11
87.12 87.13 87.14 87.15 87.16
87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27
87.28 87.29 87.30 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18
88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27
89.28 89.29 89.30 89.31 89.32 90.1 90.2
90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17
90.18 90.19 90.20 90.21 90.22 90.23
90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9
91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19
91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33
92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16
93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27
93.28 93.29
93.30 93.31
94.1 94.2
94.3 94.4 94.5 94.6 94.7 94.8
94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16
94.17 94.18 94.19 94.20 94.21 94.22
94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32
95.1 95.2
95.3 95.4
95.5 95.6
95.7 95.8 95.9 95.10 95.11 95.12 95.13
95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25
96.26 96.27 96.28 96.29 96.30
97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33 97.34 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25
99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8
100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16
100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30
101.31 101.32 101.33 101.34 102.1 102.2 102.3 102.4 102.5
102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19
102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 103.1 103.2
103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11
103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 104.1 104.2 104.3 104.4 104.5 104.6
104.7 104.8 104.9 104.10 104.11
104.12 104.13 104.14 104.15
104.16 104.17 104.18 104.19 104.20
104.21 104.22
104.23 104.24
104.25 104.26
104.27 104.28 104.29 105.1 105.2 105.3
105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17
105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27
105.28 105.29 105.30 105.31 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12
106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3 107.4 107.5 107.6
107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 108.1 108.2 108.3 108.4 108.5
108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9
109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26
109.27 109.28 109.29 110.1 110.2
110.3 110.4 110.5 110.6 110.7
110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16
111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33
112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8
112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17
112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32
113.1 113.2 113.3 113.4 113.5 113.6 113.7
113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10
114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 115.1 115.2
115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 116.1 116.2 116.3 116.4 116.5
116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13
116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24
116.25 116.26 116.27 116.28 116.29 116.30 117.1 117.2
117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14
117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24
118.25 118.26 118.27 118.28 118.29 118.30 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8
119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31
121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11
121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19
121.20 121.21 121.22 121.23 121.24 121.25
121.26 121.27 121.28 121.29 121.30 121.31 121.32 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25
122.26 122.27 122.28 122.29 122.30 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17
123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29
124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21
125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20
126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28
127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28
127.29 127.30 127.31 127.32 127.33
128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8
129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30
131.31 131.32 131.33 131.34 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22
132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9
137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24
137.25 137.26 137.27 137.28
138.1 138.2 138.3 138.4
138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16
138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12
139.13 139.14 139.15 139.16 139.17 139.18 139.19
139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32
140.1 140.2 140.3 140.4
140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15
140.16 140.17 140.18 140.19 140.20
140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22
141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 142.34 142.35 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22
144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16
145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28
146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 147.35 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12
148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23
148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 149.1 149.2
149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10
149.11 149.12 149.13 149.14 149.15 149.16
149.17 149.18 149.19 149.20 149.21
149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 150.1 150.2 150.3 150.4
150.5 150.6 150.7 150.8 150.9 150.10
150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18
150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26
150.27 150.28 150.29 150.30 150.31 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14
151.15 151.16 151.17 151.18 151.19
151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32
152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9
152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 154.1 154.2 154.3 154.4 154.5 154.6 154.7
154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24
154.25 154.26 154.27 154.28 154.29 154.30 154.31 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9
155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 155.33 155.34 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25
156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 156.35 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11
157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33
158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9
158.10 158.11 158.12 158.13 158.14 158.15 158.16
158.17 158.18 158.19 158.20
158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10
159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 159.33 159.34 160.1 160.2 160.3 160.4
160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19
160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25
161.26 161.27 161.28 161.29 161.30 161.31 161.32
162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14
162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29
162.30 162.31 162.32 162.33 163.1 163.2
163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 164.1 164.2
164.3 164.4 164.5
164.6 164.7 164.8 164.9
164.10 164.11 164.12 164.13
164.14 164.15
164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 165.34 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24
166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33
167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33 167.34 167.35 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8
168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27
168.28 168.29 168.30 168.31 168.32 168.33 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12
169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 169.33 169.34 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 170.34 170.35 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30
171.31 171.32 171.33 171.34 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10
172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 172.34
173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30
173.31 173.32 173.33 173.34 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33 174.34 174.35 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 175.34
176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11
176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 176.33
177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14
177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25
177.26 177.27 177.28 177.29 177.30
178.1 178.2 178.3 178.4 178.5 178.6
178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 179.1 179.2
179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18
179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30
180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 180.33
181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19
181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 182.1 182.2 182.3 182.4 182.5 182.6
182.7 182.8 182.9 182.10
182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8
183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17
183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11
189.12 189.13 189.14 189.15
189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32
191.1 191.2 191.3 191.4 191.5 191.6 191.7
191.8 191.9
191.10 191.11
191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22
191.23 191.24
191.25 191.26
191.27 191.28 191.29
192.1 192.2
192.3 192.4 192.5
A bill for an act
relating to local and state government; abolishing the Metropolitan Council;
transferring duties to the commissioners of administration and natural resources;
transferring transportation and transit-related functions to Department of
Transportation; making conforming amendments to public safety radio
communication laws, fiscal disparity laws; providing for payment of bonds and
other debt obligations; repealing metropolitan land use planning provisions; ending
Metropolitan Council oversight of Metropolitan Airports Commission; transferring
Metropolitan Council powers and authority to Metropolitan Parks and Open Space
Commission; creating metropolitan area sanitary sewer district; appropriating
money; amending Minnesota Statutes 2020, sections 4A.02; 6.80, subdivision 3;
10.60, subdivision 1; 10A.01, subdivisions 24, 31, 32; 13.685; 15.0597, subdivision
1; 15.0599, subdivision 1; 15A.0815, subdivision 3; 15B.11, subdivision 3; 16A.88,
subdivision 2; 16C.073, subdivision 1; 16C.285, subdivision 1; 43A.346,
subdivisions 1, 2; 47.52; 65B.43, subdivision 20; 85.016; 85.017; 85.53, subdivision
3; 103B.155; 103B.231, subdivisions 3a, 7, 9, 11; 103B.235, subdivision 3;
103B.255, subdivisions 8, 9, 12; 103D.401; 103D.405, subdivisions 3, 4, 5, 6;
103G.293; 114C.25; 114D.30, subdivision 4; 115A.151; 115A.471; 115A.52;
116.16, subdivision 2; 116.182, subdivision 1; 116D.04, subdivision 1a; 116G.03,
subdivision 5; 116G.15, subdivisions 2, 5; 116J.401, subdivision 2; 116M.15,
subdivision 1; 117.57, subdivision 3; 118A.07, subdivision 1; 124D.892,
subdivision 1; 134.201, subdivision 5; 145A.02, subdivision 16; 160.165,
subdivision 1; 160.93, subdivisions 1, 2, 2a; 162.09, subdivision 4; 169.306;
169.781, subdivision 1; 169.791, subdivision 5; 169.792, subdivision 11; 174.03,
subdivisions 1, 4, 5, 6a; 174.04, subdivisions 1, 2; 174.247; 174.285, subdivision
4; 174.30, subdivision 4; 174.90; 216C.145, subdivision 1; 216C.15, subdivision
1; 216H.02, subdivision 2; 221.012, subdivision 38; 221.022; 221.031, subdivision
3a; 240.06, subdivision 2; 270.12, subdivision 3; 275.62, subdivision 3; 275.70,
subdivision 4; 297A.70, subdivision 2; 297A.992, subdivisions 4, 5; 352.01,
subdivision 2a; 352.03, subdivision 1; 352.04, subdivision 6; 352D.02, subdivision
1; 353.64, subdivision 7a; 363A.44, subdivision 1; 373.40, subdivision 1; 383A.81,
subdivision 3; 383B.81, subdivision 3; 398A.04, subdivisions 1, 2, 2a, 9; 403.30,
subdivision 1; 403.31, subdivisions 4, 5; 414.02, subdivision 3; 414.031, subdivision
4; 462A.04, subdivision 1; 462A.07, subdivision 11; 462A.222, subdivision 4;
462C.04, subdivision 2; 462C.071, subdivision 2; 465.82, subdivision 1; 469.174,
subdivision 26; 469.351, subdivision 2; 471.425, subdivision 1; 471.9997; 473.121,
subdivisions 2, 14, 24; 473.142; 473.1425; 473.143; 473.144; 473.145; 473.146,
subdivisions 1, 3, 4, by adding subdivisions; 473.1466; 473.147; 473.149,
subdivision 3; 473.166; 473.167, subdivisions 2, 2a; 473.168, subdivision 2;
473.192, subdivisions 2, 3; 473.223; 473.301, subdivision 2; 473.303; 473.313;
473.315, subdivision 1; 473.325; 473.334, subdivision 1; 473.341; 473.351,
subdivisions 1, 2, 3; 473.375; 473.384; 473.385; 473.386, as amended; 473.387,
subdivisions 2, 3, 4; 473.3875; 473.39, subdivisions 1, 2, 2a, 5; 473.391; 473.3925;
473.399; 473.3994; 473.3995; 473.3997; 473.405; 473.4051, subdivision 1;
473.4056, subdivision 1; 473.4057, subdivisions 1, 2, 3, 4, 6, 7, 8; 473.407,
subdivisions 1, 3, 4, 5; 473.408; 473.409; 473.41, subdivision 1; 473.411,
subdivision 5; 473.415, subdivision 1; 473.416; 473.42; 473.436, subdivisions 2,
3, 6; 473.446, subdivisions 1, 2, 3, 8, by adding a subdivision; 473.448; 473.449;
473.602; 473.604, subdivision 1, by adding a subdivision; 473.608, subdivision
19; 473.611, subdivision 5; 473.638; 473.64; 473.655; 473.661, subdivision 4;
473.667, subdivision 8; 473.8011; 473.910, subdivision 3; 473F.02, subdivisions
7, 8; 473F.08, subdivisions 3, 5, 7a; 473F.13, subdivision 1; 473H.04, subdivision
3; 473H.06, subdivisions 1, 5; 473H.08, subdivision 4; 473J.25, by adding a
subdivision; 477A.011, subdivisions 3, 38; 477A.0124, subdivision 2; 572A.02,
subdivision 5; 604B.04, subdivision 7; 609.2231, subdivision 11; 609.594,
subdivision 1; 609.6055, subdivision 1; Minnesota Statutes 2021 Supplement,
sections 10A.01, subdivision 35; 275.065, subdivision 3; 275.066; 297A.70,
subdivision 3; 352.01, subdivision 2b; 403.36, subdivision 1; proposing coding
for new law in Minnesota Statutes, chapters 115; 473; repealing Minnesota Statutes
2020, sections 3.8841; 103B.235, subdivision 3a; 115.66; 115A.03, subdivision
19; 174.22, subdivision 3; 238.43, subdivision 5; 297A.992, subdivision 12; 403.27;
403.29, subdivision 4; 403.32; 462.382; 462C.071, subdivision 4; 473.121,
subdivisions 3, 8, 12; 473.123, subdivisions 1, 2a, 3, 3a, 3e, 4, 8; 473.125; 473.127;
473.129; 473.1293; 473.132; 473.1565; 473.165; 473.167, subdivisions 3, 4;
473.175; 473.181, subdivisions 2, 5; 473.191; 473.206; 473.208; 473.24; 473.242;
473.245; 473.246; 473.249, subdivisions 1, 2; 473.25; 473.251; 473.253; 473.254,
subdivisions 1, 2, 3a, 4, 5, 6, 7, 8, 9, 10; 473.255; 473.3875; 473.388, subdivisions
1, 2, 3, 4, 5, 7; 473.39, subdivision 4; 473.3993, subdivision 4; 473.3999; 473.411,
subdivisions 3, 4; 473.4461; 473.501, subdivisions 1, 3; 473.504, subdivisions 4,
5, 6, 9, 10, 11, 12; 473.505; 473.511, subdivisions 1, 2, 3, 4; 473.5111; 473.512;
473.513; 473.515; 473.5155; 473.516, subdivisions 1, 2, 3, 4; 473.517, subdivisions
1, 3, 6, 10; 473.519; 473.521; 473.523, subdivisions 1, 1a; 473.524; 473.541;
473.542; 473.543, subdivisions 1, 2, 3, 4; 473.545; 473.547; 473.549; 473.621,
subdivision 6; 473.834, subdivisions 1, 2; 473.851; 473.852, subdivisions 1, 2, 3,
4, 5, 6, 7, 8, 9, 10; 473.853; 473.854; 473.856; 473.857; 473.858; 473.859; 473.86;
473.861; 473.862; 473.864; 473.865; 473.866; 473.867, subdivisions 1, 2, 3, 5, 6;
473.869; 473.87; 473.871; 473.915; 473F.02, subdivision 21; 473F.08, subdivision
3b; 473H.02, subdivisions 7, 8; 473J.25, subdivision 5; Minnesota Rules, parts
5800.0010; 5800.0020; 5800.0030; 5800.0040; 5800.0050; 5800.0060; 5800.0070;
5800.0080; 5800.0090; 5800.0100; 5800.0110; 5800.0120; 5800.0130; 5800.0140;
5800.0150.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
METROPOLITAN COUNCIL ABOLISHED
Section 1.
Minnesota Statutes 2020, section 4A.02, is amended to read:
4A.02 STATE DEMOGRAPHER.
(a) The commissioner shall appoint a state demographer. The demographer must be
professionally competent in demography and must possess demonstrated ability based upon
past performance.
(b) The demographer shall:
(1) continuously gather and develop demographic data relevant to the state;
(2) design and test methods of research and data collection;
(3) periodically prepare population projections for the state and designated regions and
periodically prepare projections for each county or other political subdivision of the state
as necessary to carry out the purposes of this section;
(4) review, comment on, and prepare analysis of population estimates and projections
made by state agencies, political subdivisions, other states, federal agencies, or
nongovernmental persons, institutions, or commissions;
(5) serve as the state liaison with the United States Bureau of the Census, coordinate
state and federal demographic activities to the fullest extent possible, and aid the legislature
in preparing a census data plan and form for each decennial census;
(6) compile an annual study of population estimates on the basis of county, regional, or
other political or geographical subdivisions as necessary to carry out the purposes of this
section and section 4A.03;
(7) by January 1 of each year, issue a report to the legislature containing an analysis of
the demographic implications of the annual population study and population projections;
(8) prepare maps for all counties in the state, all municipalities with a population of
10,000 or more, and other municipalities as needed for census purposes, according to scale
and detail recommended by the United States Bureau of the Census, with the maps of cities
showing precinct boundaries;
(9) prepare an estimate of population and of the number of households for each
governmental subdivision deleted text begin for which the Metropolitan Council does not prepare an annual
estimate,deleted text end and convey the estimates to the governing body of each political subdivision by
June 1 of each year;
(10) direct, under section 414.01, subdivision 14, and certify population and household
estimates of annexed or detached areas of municipalities or towns after being notified of
the order or letter of approval by the chief administrative law judge of the State Office of
Administrative Hearings;
(11) prepare, for any purpose for which a population estimate is required by law or
needed to implement a law, a population estimate of a municipality or town whose population
is affected by action under section 379.02 or 414.01, subdivision 14; and
(12) prepare an estimate of average household size for each statutory or home rule charter
city with a population of 2,500 or more by June 1 of each year.
(c) A governing body may challenge an estimate made under paragraph (b) by filing
their specific objections in writing with the state demographer by June 24. If the challenge
does not result in an acceptable estimate, the governing body may have a special census
conducted by the United States Bureau of the Census. The political subdivision must notify
the state demographer by July 1 of its intent to have the special census conducted. The
political subdivision must bear all costs of the special census. Results of the special census
must be received by the state demographer by the next April 15 to be used in that year's
June 1 estimate to the political subdivision under paragraph (b).
(d) The state demographer shall certify the estimates of population and household size
to the commissioner of revenue by July 15 each year, including any estimates still under
objection.
(e) The state demographer may contract for the development of data and research required
under this chapter, including, but not limited to, population estimates and projections, the
preparation of maps, and other estimates.
Sec. 2.
Minnesota Statutes 2020, section 6.80, subdivision 3, is amended to read:
Subd. 3.
Review process.
(a) Upon receipt of an application from a local government
unit, the state auditor shall review the application. The state auditor shall dismiss an
application if the application proposes a waiver of rules or exemption from enforcement of
laws that would result in due process violations, violations of federal law or the state or
federal constitution, or the loss of services to people who are entitled to them.
(b) The state auditor shall determine whether a law from which an exemption for
enforcement is sought is a procedural law, specifying how a local government unit is to
achieve an outcome, rather than a substantive law prescribing the outcome or otherwise
establishing policy. For the purposes of this section, "procedural law" does not include a
statutory notice requirement. In making the determination, the state auditor shall consider
whether the law specifies such requirements as:
(1) who must deliver a service;
(2) where the service must be delivered;
(3) to whom and in what form reports regarding the service must be made; and
(4) how long or how often the service must be made available to a given recipient.
(c) If the application requests a waiver of a rule or temporary, limited exemptions from
enforcement of a procedural law over which deleted text begin the Metropolitan Council ordeleted text end a metropolitan
agency has jurisdiction, the state auditor shall also transmit a copy of the application to the
deleted text begin council ordeleted text end applicable metropolitan agencydeleted text begin , whichever has jurisdiction, deleted text end for review and
comment. The deleted text begin council ordeleted text end agency shall report its comments to the board within 60 days of
the date the application was transmitted to the deleted text begin council ordeleted text end agency. The deleted text begin council ordeleted text end agency
may point out any resources or technical assistance it may be able to provide a local
government unit submitting a request under this section.
(d) Within 15 days after receipt of the application, the state auditor shall transmit a copy
of it to the commissioner of each agency having jurisdiction over a rule or law from which
a waiver or exemption is sought. The agency may mail a notice that it has received an
application for a waiver or exemption to all persons who have registered with the agency
under section 14.14, subdivision 1a, identifying the rule or law from which a waiver or
exemption is requested. If no agency has jurisdiction over the rule or law, the state auditor
shall transmit a copy of the application to the attorney general. The agency shall inform the
state auditor of its agreement with or objection to and grounds for objection to the waiver
or exemption request within 60 days of the date when the application was transmitted to it.
An agency's failure to do so is considered agreement to the waiver or exemption. The state
auditor shall decide whether to grant a waiver or exemption at the end of the 60-day response
period. Interested persons may submit written comments to the state auditor on the waiver
or exemption request up to the end of the 60-day response period.
(e) If the exclusive representative of the affected employees of the requesting local
government unit objects to the waiver or exemption request it may inform the state auditor
of the objection to and the grounds for the objection to the waiver or exemption request
within 60 days of the receipt of the application.
Sec. 3.
Minnesota Statutes 2020, section 10.60, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For purposes of this section:
(1) "political subdivision" means a county, statutory or home rule charter city, town,
school district, or other municipal corporation, deleted text begin and the Metropolitan Councildeleted text end and a
metropolitan or regional agency;
(2) "publication" means a document printed with public money by an elected or appointed
official of a state agency or political subdivision that is intended to be distributed publicly
outside of the state agency or political subdivision;
(3) "state agency" means an entity in the executive, judicial, or legislative branch of
state government; and
(4) "website" means a site maintained on the World Wide Web that is available for
unrestricted public access and that is maintained with public money by an elected or
appointed official of a state agency or political subdivision.
Sec. 4.
Minnesota Statutes 2020, section 10A.01, subdivision 24, is amended to read:
Subd. 24.
Metropolitan governmental unit.
"Metropolitan governmental unit" means
any of the seven counties in the metropolitan area as defined in section 473.121, subdivision
2, a regional railroad authority established by one or more of those counties under section
398A.03, a city with a population of over 50,000 located in the seven-county metropolitan
area, deleted text begin the Metropolitan Council,deleted text end or a metropolitan agency as defined in section 473.121,
subdivision 5a.
Sec. 5.
Minnesota Statutes 2020, section 10A.01, subdivision 31, is amended to read:
Subd. 31.
Political subdivision.
"Political subdivision" means deleted text begin the Metropolitan Council,deleted text end
a metropolitan agency as defined in section 473.121, subdivision 5a, or a municipality as
defined in section 471.345, subdivision 1.
Sec. 6.
Minnesota Statutes 2020, section 10A.01, subdivision 32, is amended to read:
Subd. 32.
Population.
"Population" means the population established by the most recent
federal census, by a special census taken by the United States Bureau of the Censusdeleted text begin , deleted text end deleted text begin by an
estimate made by the Metropolitan Council,deleted text end or by an estimate made by the state demographer
under section 4A.02, whichever has the latest stated date of count or estimate.
Sec. 7.
Minnesota Statutes 2021 Supplement, section 10A.01, subdivision 35, is amended
to read:
Subd. 35.
Public official.
"Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the senate, legislative auditor,
director of the Legislative Budget Office, chief clerk of the house of representatives, revisor
of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of
Senate Counsel, Research and Fiscal Analysis, House Research, or the House Fiscal Analysis
Department;
(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;
(4) solicitor general or deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;
(6) member, chief administrative officer, or deputy chief administrative officer of a state
board or commission that has either the power to adopt, amend, or repeal rules under chapter
14, or the power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is authorized to adopt, amend, or
repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the State Office of Administrative
Hearings or unemployment law judge in the Department of Employment and Economic
Development;
deleted text begin
(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;
deleted text end
deleted text begin (13)deleted text end new text begin (12)new text end member or chief administrator of a metropolitan agency;
deleted text begin (14)deleted text end new text begin (13)new text end director of the Division of Alcohol and Gambling Enforcement in the
Department of Public Safety;
deleted text begin (15)deleted text end new text begin (14)new text end member or executive director of the Higher Education Facilities Authority;
deleted text begin (16)deleted text end new text begin (15)new text end member of the board of directors or president of Enterprise Minnesota, Inc.;
deleted text begin (17)deleted text end new text begin (16)new text end member of the board of directors or executive director of the Minnesota State
High School League;
deleted text begin (18)deleted text end new text begin (17)new text end member of the Minnesota Ballpark Authority established in section 473.755;
deleted text begin (19)deleted text end new text begin (18)new text end citizen member of the Legislative-Citizen Commission on Minnesota Resources;
deleted text begin (20)deleted text end new text begin (19)new text end manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13;
deleted text begin (21)deleted text end new text begin (20)new text end supervisor of a soil and water conservation district;
deleted text begin (22)deleted text end new text begin (21)new text end director of Explore Minnesota Tourism;
deleted text begin (23)deleted text end new text begin (22)new text end citizen member of the Lessard-Sams Outdoor Heritage Council established in
section 97A.056;
deleted text begin (24)deleted text end new text begin (23)new text end citizen member of the Clean Water Council established in section 114D.30;
deleted text begin (25)deleted text end new text begin (24)new text end member or chief executive of the Minnesota Sports Facilities Authority
established in section 473J.07;
deleted text begin (26)deleted text end new text begin (25)new text end district court judge, appeals court judge, or supreme court justice;
deleted text begin (27)deleted text end new text begin (26)new text end county commissioner;
deleted text begin (28)deleted text end new text begin (27)new text end member of the Greater Minnesota Regional Parks and Trails Commission;
deleted text begin (29)deleted text end new text begin (28)new text end member of the Destination Medical Center Corporation established in section
469.41; or
deleted text begin (30)deleted text end new text begin (29)new text end chancellor or member of the Board of Trustees of the Minnesota State Colleges
and Universities.
Sec. 8.
Minnesota Statutes 2020, section 13.685, is amended to read:
13.685 MUNICIPAL UTILITY CUSTOMER DATA.
Data on customers of municipal electric utilities are private data on individuals or
nonpublic data, but may be released to:
(1) a law enforcement agency that requests access to the data in connection with an
investigation;
(2) a school for purposes of compiling pupil census data;
deleted text begin
(3) the Metropolitan Council for use in studies or analyses required by law;
deleted text end
deleted text begin (4)deleted text end new text begin (3) new text end a public child support authority for purposes of establishing or enforcing child
support; or
deleted text begin (5)deleted text end new text begin (4) new text end a person where use of the data directly advances the general welfare, health, or
safety of the public; the commissioner of administration may issue advisory opinions
construing this clause pursuant to section 13.072.
Sec. 9.
Minnesota Statutes 2020, section 15.0597, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms shall have
the meanings given them.
(b) "Agency" means (1) a state board, commission, council, committee, authority, task
force, including an advisory task force created under section 15.014 or 15.0593, a group
created by executive order of the governor, or other similar multimember agency created
by law and having statewide jurisdiction; and (2) deleted text begin the Metropolitan Council,deleted text end new text begin anew text end metropolitan
agency, Capitol Area Architectural and Planning Board, and any agency with a regional
jurisdiction created in this state pursuant to an interstate compact.
(c) "Vacancy" or "vacant agency position" means (1) a vacancy in an existing agency,
or (2) a new, unfilled agency position. Vacancy includes a position that is to be filled through
appointment of a nonlegislator by a legislator or group of legislators; vacancy does not mean
(1) a vacant position on an agency composed exclusively of persons employed by a political
subdivision or another agency, or (2) a vacancy to be filled by a person required to have a
specific title or position.
(d) "Secretary" means the secretary of state.
Sec. 10.
Minnesota Statutes 2020, section 15.0599, subdivision 1, is amended to read:
Subdivision 1.
Applicability.
(a) For purposes of this section, "agency" means:
(1) a state board, commission, council, committee, authority, task force, including an
advisory task force established under section 15.014 or 15.0593, other multimember agency,
however designated, established by statute or order and having statewide jurisdiction;
(2) deleted text begin the Metropolitan Council established by section 473.123,deleted text end a metropolitan agency as
defined in section 473.121, subdivision 5a, or a multimember body, however designated,
appointed by deleted text begin the Metropolitan Council ordeleted text end a metropolitan agency if the membership includes
at least one person who is not a member of the deleted text begin council or thedeleted text end agency;
(3) a multimember body whose members are appointed by the legislature if the body
has at least one nonlegislative member; and
(4) any other multimember body established by law with at least one appointed member,
without regard to the appointing authority.
(b) "Secretary" means the secretary of state.
Sec. 11.
Minnesota Statutes 2020, section 15A.0815, subdivision 3, is amended to read:
Subd. 3.
Group II salary limits.
The salary for a position listed in this subdivision shall
not exceed 120 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's website. This subdivision applies to
the following positions:
Executive director of Gambling Control Board;
Commissioner of Iron Range resources and rehabilitation;
Commissioner, Bureau of Mediation Services;
Ombudsman for mental health and developmental disabilities;
Ombudsperson for corrections;
deleted text begin
Chair, Metropolitan Council;
deleted text end
School trust lands director;
Executive director of pari-mutuel racing; and
Commissioner, Public Utilities Commission.
Sec. 12.
Minnesota Statutes 2020, section 15B.11, subdivision 3, is amended to read:
Subd. 3.
Data classification and use.
(a) The advisory committee's comments and
criticism under subdivision 1 are public data under section 13.03, subdivision 1.
(b) To advise the board on all architectural and planning matters, the advisory committee
must be kept current about, and have access to, all data relating to the Capitol Area as the
data is developed or being prepared. Some examples of these types of data are plans, studies,
reports, and proposals.
(c) The obligation under paragraph (b) extends to data developed or being prepared by
(1) the commissioner of administration; (2) the commissioner of employment and economic
development; (3) deleted text begin the Metropolitan Council; (4)deleted text end the city of St. Paul; or deleted text begin (5)deleted text end new text begin (4) new text end one who is
an architect, planner, agency, or organization and who is engaged in any work or planning
relating to the Capitol Area.
(d) Paragraph (c), clause deleted text begin (5)deleted text end new text begin (4)new text end , applies to all the developers or preparers whether they
are public or private and whether or not they are retained by the board.
(e) If the data described in paragraph (b) is from a public employee or public agency it
must be filed with the board promptly after it is prepared.
(f) The board may employ a reasonable amount of clerical and technical help to assist
the committee to do its duties.
(g) When directed by the board, the advisory committee may serve as, or any of its
members may serve on, the jury for a competition or as the architectural advisor for a
competition under section 15B.10.
(h) The board must get the advice of its advisory committee before selecting the
architectural advisor or jurors for a competition.
Sec. 13.
Minnesota Statutes 2020, section 16A.88, subdivision 2, is amended to read:
Subd. 2.
Metropolitan area transit account.
The metropolitan area transit account is
established within the transit assistance fund in the state treasury. All money in the account
is annually appropriated to the deleted text begin Metropolitan Councildeleted text end new text begin commissioner of transportation new text end for
the funding of transit systems within the metropolitan area under sections 473.384, 473.386,
473.387, 473.388, and 473.405 to 473.449.
Sec. 14.
Minnesota Statutes 2020, section 16C.073, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Copier paper" means paper purchased for use in copying machines.
(c) "Office paper" means notepads, loose-leaf fillers, tablets, and other paper commonly
used in offices.
(d) "Postconsumer material" means a finished material that would normally be discarded
as a solid waste, having completed its life cycle as a consumer item.
(e) "Practicable" means capable of being used, consistent with performance, in accordance
with applicable specifications, and availability within a reasonable time.
(f) "Printing paper" means paper designed for printing, other than newsprint, such as
offset and publication paper.
(g) "Public entity" means the state, an office, agency, or institution of the state, deleted text begin the
Metropolitan Council,deleted text end a metropolitan agency, the Metropolitan Mosquito Control District,
the legislature, the courts, a county, a statutory or home rule charter city, a town, a school
district, another special taxing district, or any contractor acting pursuant to a contract with
a public entity.
(h) "Soy-based ink" means printing ink made from soy oil.
(i) "Uncoated" means not coated with plastic, clay, or other material used to create a
glossy finish.
Sec. 15.
Minnesota Statutes 2020, section 16C.285, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Construction contract" means a contract or subcontract of any tier for work on a
project.
(c) "Contractor" means a prime contractor or subcontractor or motor carrier, and does
not include a design professional or a material supplier. A "design professional" is a business
or natural person retained to perform services on the project for which licensure is required
by section 326.02. A "material supplier" is a business or natural person that supplies
materials, equipment, or supplies to a subcontractor or contractor on a project, including
performing delivery or unloading services in connection with the supply of materials,
equipment, or supplies; provided, however, that a material supplier does not include a natural
person or business that delivers mineral aggregate such as sand, gravel, or stone that is
incorporated into the work under the contract by depositing the material substantially in
place, directly or through spreaders, from the transporting vehicle.
(d) "Contracting authority" means a state agency, the Minnesota State Colleges and
Universities, the University of Minnesota, deleted text begin the Metropolitan Council,deleted text end the Metropolitan
Airports Commission, or a municipality that enters into a construction contract or authorizes
or directs entering into a construction contract.
(e) "Motor carrier" means a business or natural person providing for-hire transportation
of materials, equipment, or supplies for a project.
(f) "Municipality" means a county, town, home rule charter or statutory city, school
district, housing and redevelopment authority, port authority, economic development
authority, sports facilities authority, joint powers board or organization created under section
471.59 or other statute, special district, instrumentality, drainage authority, watershed district,
destination medical center corporation, or other municipal corporation or political subdivision
of the state authorized by law to enter into contracts.
(g) "Prime contractor" means a vendor that submits a bid or proposal or otherwise
responds to a solicitation document of a contracting authority for work on a project or is
awarded a construction contract by a contracting authority for work on a project. A prime
contractor includes a construction manager for purposes of this section.
(h) "Principal" means an owner holding at least a 25 percent ownership interest in a
business.
(i) "Project" means building, erection, construction, alteration, remodeling, demolition,
or repair of buildings, real property, highways, roads, bridges, or other construction work
performed pursuant to a construction contract.
(j) "Related entity" means:
(1) a firm, partnership, corporation, joint venture, or other legal entity substantially under
the control of a contractor or vendor;
(2) a predecessor corporation or other legal entity having one or more of the same
principals as the contractor or vendor;
(3) a subsidiary of a contractor or vendor;
(4) one or more principals of a contractor or vendor; and
(5) a person, firm, partnership, corporation, joint venture, or other legal entity that
substantially controls a contractor or vendor.
(k) "Solicitation document" means an invitation to bid, bid specifications, request for
proposals, request for qualifications, or other solicitation of contractors for purposes of a
construction contract.
(l) "Subcontractor" means a vendor that seeks to enter into a subcontract or enters into
a subcontract for work on a project.
(m) "Vendor" means a business, including a construction contractor or a natural person,
and includes both if the natural person is engaged in a business.
Sec. 16.
Minnesota Statutes 2020, section 43A.346, subdivision 1, is amended to read:
Subdivision 1.
Definition.
For purposes of this section, "terminated state employee"
means a person who occupied a civil service position in the executive or legislative branch
of state government, the Minnesota State Retirement System, the Public Employees
Retirement Association, the Office of the Legislative Auditor, or a person who was employed
by the new text begin former new text end Metropolitan Council.
Sec. 17.
Minnesota Statutes 2020, section 43A.346, subdivision 2, is amended to read:
Subd. 2.
Eligibility.
(a) This section applies to a terminated state employee who:
(1) for at least the five years immediately preceding separation under clause (2), was
regularly scheduled to work 1,044 or more hours per year in a position covered by a pension
plan administered by the Minnesota State Retirement System or the Public Employees
Retirement Association;
(2) terminated state or new text begin former new text end Metropolitan Council employment;
(3) at the time of termination under clause (2), met the age and service requirements
necessary to receive an unreduced retirement annuity from the plan and satisfied requirements
for the commencement of the retirement annuity or, for a terminated employee under the
unclassified employees retirement plan, met the age and service requirements necessary to
receive an unreduced retirement annuity from the plan and satisfied requirements for the
commencement of the retirement annuity or elected a lump-sum payment; and
(4) agrees to accept a postretirement option position with the same or a different
appointing authority, working a reduced schedule that is both (i) a reduction of at least 25
percent from the employee's number of previously regularly scheduled work hours; and (ii)
1,044 hours or less in state or new text begin former new text end Metropolitan Council service.
(b) For purposes of this section, an unreduced retirement annuity includes a retirement
annuity computed under a provision of law which permits retirement, without application
of an earlier retirement reduction factor, whenever age plus years of allowable service total
at least 90.
(c) For purposes of this section, as it applies to state employees who are members of the
Public Employees Retirement Association who are at least age 62, the length of separation
requirement and termination of service requirement prohibiting return to work agreements
under section 353.01, subdivisions 11a and 28, are not applicable.
Sec. 18.
Minnesota Statutes 2020, section 47.52, is amended to read:
47.52 AUTHORIZATION.
(a) With the prior approval of the commissioner, any bank doing business in this state
may establish and maintain detached facilities provided the facilities are located within: (1)
the municipality in which the principal office of the applicant bank is located; or (2) 5,000
feet of its principal office measured in a straight line from the closest points of the closest
structures involved; or (3) a municipality in which no bank is located at the time of
application; or (4) a municipality having a population of more than 10,000; or (5) a
municipality having a population of 10,000 or less, as determined by the commissioner
from the latest available data from the state demographer, deleted text begin or for municipalities located in
the seven-county metropolitan area from the Metropolitan Council,deleted text end and all the banks having
a principal office in the municipality have consented in writing to the establishment of the
facility.
(b) A detached facility shall not be closer than 50 feet to a detached facility operated by
any other bank and shall not be closer than 100 feet to the principal office of any other bank,
the measurement to be made in the same manner as provided above. This paragraph shall
not be applicable if the proximity to the facility or the bank is waived in writing by the other
bank and filed with the application to establish a detached facility.
(c) A bank is allowed, in addition to other facilities, part-time deposit-taking locations
at elementary and secondary schools located within the municipality in which the main
banking house or a detached facility is located if they are established in connection with
student education programs approved by the school administration and consistent with safe,
sound banking practices.
(d) In addition to other facilities, a bank may operate part-time locations at nursing
homes and senior citizen housing facilities located within the municipality in which the
main banking house or a detached facility is located, or within the seven-county metropolitan
area if the bank's main banking facility or a detached facility is located within the
seven-county metropolitan area, if they are operated in a manner consistent with safe, sound
banking practices.
Sec. 19.
Minnesota Statutes 2020, section 65B.43, subdivision 20, is amended to read:
Subd. 20.
Political subdivision.
"Political subdivision" means any statutory or home
rule charter city; county; town; school district; or deleted text begin metropolitan council,deleted text end board deleted text begin ordeleted text end new text begin , new text end commissionnew text begin ,
or metropolitan agencynew text end operating under chapter 473.
Sec. 20.
Minnesota Statutes 2020, section 85.016, is amended to read:
85.016 BICYCLE TRAIL PROGRAM.
The commissioner of natural resources must establish a program for the development
of bicycle trails utilizing the state trails authorized by section 85.015, other state parks and
recreation land, and state forests. "Bicycle trail," as used in this section, has the meaning
given in section 169.011. The program must be coordinated with the local park trail-grant
program established by the commissioner pursuant to section 85.019, with the state bicycle
routes established by the commissioner of transportation pursuant to section 160.266, and
with existing and proposed local bikeways. deleted text begin In the metropolitan area as defined in section
473.121, the program must be developed in accordance with plans and priorities established
by the Metropolitan Council.deleted text end The commissioner must provide technical assistance to local
units of government in planning and developing bicycle trails in local parks. The bicycle
trail program must, as a minimum, describe the location, design, construction, maintenance,
and land acquisition needs of each component trail. The program must be developed after
consultation with the state trail council and regional and local units of government and
bicyclist organizations.
Sec. 21.
Minnesota Statutes 2020, section 85.017, is amended to read:
85.017 TRAIL REGISTRY.
The commissioner of natural resources shall compile and maintain a current registry of
cross-country skiing, hiking, horseback riding and snowmobiling trails in the state and shall
publish and distribute the information in the manner prescribed in section 86A.11. The
deleted text begin Metropolitan Council, thedeleted text end commissioner of employment and economic development, the
Minnesota Historical Society, and local units of government shall cooperate with and assist
the commissioner in preparing the registry.
Sec. 22.
Minnesota Statutes 2020, section 85.53, subdivision 3, is amended to read:
Subd. 3.
Metropolitan area; distribution formula.
Money appropriated from the parks
and trails fund to the deleted text begin Metropolitan Councildeleted text end new text begin commissioner of natural resources for
metropolitan area parks and trails new text end shall be distributed to implementing agencies, as defined
in section 473.351, subdivision 1, paragraph (a), as grants according to the following formula:
(1) 45 percent of the money must be disbursed according to the allocation formula in
section 473.351, subdivision 3, to each implementing agency;
(2) 31.5 percent of the money must be distributed based on each implementing agency's
relative share of the most recent estimate of the population of the metropolitan area;
(3) 13.5 percent of the money must be distributed based on each implementing agency's
relative share of nonlocal visits based on the most recent user visitation survey conducted
by the Metropolitan deleted text begin Councildeleted text end new text begin Parks and Open Space Commissionnew text end ; and
(4) ten percent of the money must be distributed as grants to implementing agencies for
land acquisition within Metropolitan deleted text begin Councildeleted text end new text begin Parks and Open Space Commission new text end approved
regional parks and trails master plan boundaries under the deleted text begin council's deleted text end new text begin commissioner's new text end park
acquisition opportunity grant program. The deleted text begin Metropolitan Council deleted text end new text begin commission new text end must provide
a match of $2 of the deleted text begin council'sdeleted text end new text begin commission's new text end park bonds for every $3 of state funds for the
park acquisition opportunity grant program.
Sec. 23.
Minnesota Statutes 2020, section 103B.155, is amended to read:
103B.155 STATE WATER AND RELATED LAND RESOURCE PLAN.
The commissioner of natural resources, in cooperation with other state and federal
agencies, regional development commissions, deleted text begin the Metropolitan Council,deleted text end local governmental
units, and citizens, shall prepare a statewide framework and assessment water and related
land resources plan for presentation to the legislature by November 15, 1975, for its review
and approval or disapproval. This plan must relate each of the programs of the Department
of Natural Resources for specific aspects of water management to the others. The statewide
plan must include:
(1) regulation of improvements and land development by abutting landowners of the
beds, banks, and shores of lakes, streams, watercourses, and marshes by permit or otherwise
to preserve them for beneficial use;
(2) regulation of construction of improvements on and prevention of encroachments in
the floodplains of the rivers, streams, lakes, and marshes of the state;
(3) reclamation or filling of wet and overflowed lands;
(4) repair, improvement, relocation, modification or consolidation in whole or in part
of previously established public drainage systems within the state;
(5) preservation of wetland areas;
(6) management of game and fish resources as related to water resources;
(7) control of water weeds;
(8) control or alleviation of damages by floodwaters;
(9) alteration of stream channels for conveyance of surface waters, navigation, and any
other public purposes;
(10) diversion or changing of watercourses in whole or in part;
(11) regulation of the flow of streams and conservation of their waters;
(12) regulation of lake water levels;
(13) maintenance of water supply for municipal, domestic, industrial, recreational,
agricultural, aesthetic, wildlife, fishery, or other public use;
(14) sanitation and public health and regulation of uses of streams, ditches, or
watercourses to dispose of waste and maintain water quality;
(15) preventive or remedial measures to control or alleviate land and soil erosion and
siltation of affected watercourses or bodies of water;
(16) regulation of uses of water surfaces; and
(17) identification of high priority regions for wetland preservation, enhancement,
restoration, and establishment.
Sec. 24.
Minnesota Statutes 2020, section 103B.231, subdivision 3a, is amended to read:
Subd. 3a.
Priority schedule.
(a) The Board of Water and Soil Resources in consultation
with the state review agencies deleted text begin and the Metropolitan Councildeleted text end may develop a priority schedule
for the revision of plans required under this chapter.
(b) The prioritization should be based on but not be limited to status of current plan,
scheduled revision dates, anticipated growth and development, existing and potential
problems, and regional water quality goals and priorities.
(c) The schedule will be used by the Board of Water and Soil Resources in consultation
with the state review agencies deleted text begin and the Metropolitan Councildeleted text end to direct watershed management
organizations of when they will be required to revise their plans.
(d) In the event that a plan expires prior to notification from the Board of Water and
Soil Resources under this section, the existing plan, authorities, and official controls of a
watershed management organization shall remain in full force and effect until a revision is
approved.
(e) Watershed management organizations submitting plans and draft plan amendments
for review prior to the board's priority review schedule, may proceed to adopt and implement
the plan revisions without formal board approval if the board fails to adjust its priority
review schedule for plan review, and commence its statutory review process within 45 days
of submittal of the plan revision or amendment.
Sec. 25.
Minnesota Statutes 2020, section 103B.231, subdivision 7, is amended to read:
Subd. 7.
Reviewing draft plan.
(a) Upon completion of the plan but before final adoption
by the organization, the organization must submit the draft plan for a 60-day review and
comment period to all counties, deleted text begin the Metropolitan Council,deleted text end the state review agencies, the
Board of Water and Soil Resources, soil and water conservation districts, towns, and statutory
and home rule charter cities having territory within the watershed. A local government unit
that expects that substantial amendment of its local comprehensive plan will be necessary
to bring local water management into conformance with the watershed plan must describe
as specifically as possible, within its comments, the amendments to the local plan that it
expects will be necessary. If the county has a groundwater plan, the county must review
and comment on the consistency of the watershed plan with the county groundwater plan.
Differences among local governmental agencies regarding the plan must be mediated.
deleted text begin Notwithstanding sections 103D.401, 103D.405, and 473.165, the council shall review the
plan in the same manner and with the same authority and effect as provided for the council's
review of the comprehensive plans of local government units under section 473.175. The
council shall comment on the apparent conformity with metropolitan system plans of any
anticipated amendments to local comprehensive plans. The council shall advise the Board
of Water and Soil Resources on whether the plan conforms with the management objectives
and target pollution loads stated in the council's water resources plan and shall recommend
changes in the plan that would satisfy the council's plan.
deleted text end
(b) The watershed management organization must respond in writing to any concerns
expressed by the review agencies at least ten days before the public hearing.
(c) The watershed management organization must hold a public hearing on the draft
plan no sooner than 14 days after the 60-day review period of the draft plan. The board or
boards of the affected counties shall approve or disapprove projects in the capital
improvement program which may require the provision of county funds pursuant to section
103B.251 or 103D.901, subdivision 2. Each county has up until the date of the public hearing
on the draft plan to complete its review of the capital improvement program. If the county
fails to complete its review within the prescribed period, unless an extension is agreed to
by the organization the program shall be deemed approved. If the watershed extends into
more than one county and one or more counties disapprove of all or part of a capital
improvement program while the other county or counties approve, the program shall be
submitted to the Board of Water and Soil Resources for review pursuant to subdivision 9.
Sec. 26.
Minnesota Statutes 2020, section 103B.231, subdivision 9, is amended to read:
Subd. 9.
Approval by board.
After completion of the review under subdivision 7, the
draft plan, any amendments thereto, all written comments received on the draft plan, a record
of the public hearing, and a summary of changes incorporated as a result of the review
process shall be submitted to deleted text begin the Metropolitan Council,deleted text end the state review agenciesdeleted text begin ,deleted text end and the
Board of Water and Soil Resources for final review. The board shall review the plan for
conformance with the requirements of sections 103B.205 to 103B.255, and chapter 103D.
The board shall not prescribe a plan, but may disapprove all or parts of a plan which it
determines is not in conformance with the requirements of sections 103B.205 to 103B.255,
and chapter 103D. If the capital improvement program is the subject of a dispute between
counties, the Board of Water and Soil Resources shall make a final decision on the issue.
The decision shall be binding on the organization and the counties involved. The board shall
complete its review under this section within 90 days.
Sec. 27.
Minnesota Statutes 2020, section 103B.231, subdivision 11, is amended to read:
Subd. 11.
Amendments.
To the extent and in the manner required by the adopted plan,
all amendments to the adopted plan shall be submitted to the towns, cities, county, deleted text begin the
Metropolitan Council,deleted text end the state review agencies, and the Board of Water and Soil Resources
for review in accordance with the provisions of subdivisions 7 and 9. Amendments necessary
to revise the plan to be consistent with the county groundwater plan, as required by
subdivision 4, must be submitted for review in accordance with subdivisions 7 and 9. Minor
amendments to a plan shall be reviewed in accordance with standards prescribed in the
watershed management plan.
Sec. 28.
Minnesota Statutes 2020, section 103B.235, subdivision 3, is amended to read:
Subd. 3.
Review; watershed management organization.
After consideration but before
adoption by the governing body, each local unit shall submit its water management plan to
the watershed management organization for review for consistency with the watershed plan
adopted pursuant to section 103B.231. If the county or counties having territory within the
local unit have a state-approved and locally adopted groundwater plan, the local unit shall
submit its plan to the county or counties for review. The county or counties have 45 days
to review and comment on the plan. The organization shall approve or disapprove the local
plan or parts of the plan. The organization shall have 60 days to complete its reviewdeleted text begin ;
provided, however, that the watershed management organization shall, as part of its review,
take into account the comments submitted to it by the Metropolitan Council pursuant to
subdivision 3adeleted text end . If the organization fails to complete its review within the prescribed period,
the local plan shall be deemed approved unless an extension is agreed to by the local unit.
Sec. 29.
Minnesota Statutes 2020, section 103B.255, subdivision 8, is amended to read:
Subd. 8.
Reviewing draft plan.
(a) Upon completion of the groundwater plan but before
final adoption by the county, the county shall submit the draft plan for a 60-day review and
comment period to adjoining counties, deleted text begin the Metropolitan Council,deleted text end the state review agencies,
the Board of Water and Soil Resources, each soil and water conservation district, town,
statutory and home rule charter city, and watershed management organization having territory
within the county. The county also shall submit the plan to any other county or watershed
management organization or district in the affected groundwater system that could affect
or be affected by implementation of the plan. Any political subdivision or watershed
management organization that expects that substantial amendment of its plans would be
necessary in order to bring them into conformance with the county groundwater plan shall
describe as specifically as possible, within its comments, the amendments that it expects
would be necessary and the cost of amendment and implementation. Reviewing entities
have 60 days to review and comment. Differences among local governmental agencies
regarding the plan must be mediated. deleted text begin Notwithstanding sections 103D.401, 103D.405, and
473.165, the council shall review the plan in the same manner and with the same authority
and effect as provided in section 473.175 for review of the comprehensive plans of local
government units. The council shall comment on the apparent conformity with metropolitan
system plans of any anticipated amendments to watershed plans and local comprehensive
plans. The council shall advise the Board of Water and Soil Resources on whether the plan
conforms with the management objectives stated in the council's water resources plan and
shall recommend changes in the plan that would satisfy the council's plan.
deleted text end
(b) The county must respond in writing to any concerns expressed by the reviewing
agencies within 30 days of receipt thereof.
(c) The county shall hold a public hearing on the draft plan no sooner than 30 days and
no later than 45 days after the 60-day review period of the draft plan.
Sec. 30.
Minnesota Statutes 2020, section 103B.255, subdivision 9, is amended to read:
Subd. 9.
Review by deleted text begin Metropolitan Council anddeleted text end state agencies.
After completion of
the review under subdivision 8, the draft plan, any amendments thereto, all written comments
received on the plan, a record of the public hearing, and a summary of changes incorporated
as part of the review process must be submitted to deleted text begin the Metropolitan Council, deleted text end the state review
agenciesdeleted text begin ,deleted text end and the Board of Water and Soil Resources for final review. The state review
agencies shall review and comment on the consistency of the plan with state laws and rules
relating to water and related land resources. The state review agencies shall forward their
comments to the board within 45 days after they receive the final review draft of the plan.
A state review agency may request and receive up to a 30-day extension of this review
period from the board.
Sec. 31.
Minnesota Statutes 2020, section 103B.255, subdivision 12, is amended to read:
Subd. 12.
Amendments.
To the extent and in the manner required by the adopted plan,
all amendments to the adopted plan must be submitted to the towns, cities, counties, deleted text begin the
Metropolitan Council,deleted text end the state review agencies, and the Board of Water and Soil Resources
for review in accordance with the provisions of subdivisions 8 to 10.
Sec. 32.
Minnesota Statutes 2020, section 103D.401, is amended to read:
103D.401 WATERSHED MANAGEMENT PLAN.
Subdivision 1.
Contents.
deleted text begin (a)deleted text end The managers must adopt a watershed management plan
for any or all of the purposes for which a watershed district may be established. The
watershed management plan must give a narrative description of existing water and
water-related problems within the watershed district, possible solutions to the problems,
and the general objectives of the watershed district. The watershed management plan must
also conform closely with watershed management plan guidelines as adopted and amended
from time to time by the Board of Water and Soil Resources.
deleted text begin (b)deleted text end The watershed management plan may include a separate section on proposed projects.
deleted text begin If the watershed district is within the metropolitan area, the separate section of proposed
projects or petitions for projects to be undertaken according to the watershed management
plan is a comprehensive plan of the watershed district for purposes of review by the
Metropolitan Council under section 473.165.
deleted text end
Subd. 2.
Review.
The managers must send a copy of the proposed watershed management
plan to the county auditor of each county affected by the watershed district, the board, the
commissioner, the director, the governing body of each municipality affected by the
watershed district, and soil and water conservation districts affected by the watershed district.
deleted text begin For a watershed district within the metropolitan area, a copy of the proposed watershed
management plan must also be submitted to the Metropolitan Council.
deleted text end
Subd. 3.
Director's deleted text begin and Metropolitan Council'sdeleted text end recommendations.
After receiving
the watershed management plan, the director deleted text begin and the Metropolitan Council deleted text end must review
and make recommendations on the watershed management plan. By 60 days after receiving
the plan, the director deleted text begin and the Metropolitan Councildeleted text end must send deleted text begin their deleted text end recommendations on
the watershed management plan to the board and a copy to the managers of the watershed
district, the county auditor of each county affected by the watershed district, the governing
bodies of all municipalities affected by the watershed district, and soil and water conservation
districts affected by the watershed district. The board may extend the period for review and
transmittal of the recommendations.
Subd. 4.
Hearing notice.
(a) The board must give notice and hold a watershed
management plan hearing on the proposed watershed management plan by 45 days after
receiving the director's deleted text begin and Metropolitan Council'sdeleted text end recommendations.
(b) The board must give notice of the watershed management plan hearing by publication
in a legal newspaper that is published in counties affected by the watershed district. The
last publication must occur at least ten days before the watershed management plan hearing.
(c) The board must give notice of the watershed management plan hearing by mail to
the auditors of counties and to the chief executive officials of municipalities affected by the
watershed district.
(d) The notice must include:
(1) a statement that a copy of the proposed watershed management plan has been filed
with the board, deleted text begin the Metropolitan Council,deleted text end where applicable, the auditors of counties affected
by the proposed watershed district, the commissioner, the director, the governing body of
each municipality affected by the watershed district, and the soil and water conservation
districts affected by the watershed district;
(2) a general description of the purpose of the watershed district;
(3) a general description of the property included in the watershed district;
(4) a general description of the proposed watershed management plan;
(5) the date, time, and location of the hearing; and
(6) a statement that all persons affected or interested in the watershed district may attend
and give statements at the watershed management plan hearing.
Subd. 5.
Board approval.
After the watershed management plan hearing, the board
must, by order, prescribe and approve a watershed management plan for the watershed
district. The board must send a copy of the order and approved watershed management plan
to the managers, the county board of each county affected by the watershed district, the
commissioner, the director, deleted text begin the Metropolitan Council, where applicable,deleted text end the governing body
of each municipality affected by the watershed district, and soil and water conservation
districts affected by the watershed district. The watershed management plan approved by
the board is the watershed management plan for the watershed district.
Sec. 33.
Minnesota Statutes 2020, section 103D.405, subdivision 3, is amended to read:
Subd. 3.
Review.
The managers must send a copy of the revised watershed management
plan to the board, the county board and county auditor of each county affected by the
watershed district, the director, the governing body of each municipality affected by the
watershed district, new text begin and new text end soil and water conservation districts affected by the watershed districtdeleted text begin ,
and the Metropolitan Council, if the watershed district is within the metropolitan areadeleted text end .
Sec. 34.
Minnesota Statutes 2020, section 103D.405, subdivision 4, is amended to read:
Subd. 4.
Director's deleted text begin and Metropolitan Council'sdeleted text end recommendations.
The director deleted text begin and
the Metropolitan Council, if applicable,deleted text end must review and make recommendations on the
revised watershed management plan. By 60 days after receiving the revised watershed
management plan unless the time is extended by the board, the director deleted text begin and the councildeleted text end must
send the recommendations on the revised watershed management plan to the board, and a
copy of the recommendations to the managers, the county auditor of each county affected
by the watershed district, the governing body of each municipality affected by the watershed
district, and soil and water conservation districts affected by the watershed district.
Sec. 35.
Minnesota Statutes 2020, section 103D.405, subdivision 5, is amended to read:
Subd. 5.
Notice.
(a) The board must give notice and hold a revised watershed management
plan hearing on the proposed revised watershed management plan by 45 days after receiving
the director's deleted text begin and Metropolitan Council'sdeleted text end recommendation.
(b) The board must give notice of the revised watershed management plan hearing by
publication in a legal newspaper published in counties affected by the watershed district.
The last publication must occur at least ten days before the revised watershed management
plan hearing.
(c) The board must give notice of the revised watershed management plan hearing by
mail to the auditors of counties and to the chief executive officials of municipalities affected
by the watershed district.
(d) The notice must include:
(1) a statement that a copy of the proposed revised watershed management plan has been
filed with the board, deleted text begin the Metropolitan Council, where applicable,deleted text end the auditors of counties
affected by the proposed watershed district, the commissioner, the director, the governing
body of each municipality affected by the watershed district, and the soil and water
conservation districts affected by the watershed district;
(2) a general description of the purpose of the watershed district;
(3) a general description of the property included in the watershed district;
(4) a general description of the proposed revised watershed management plan;
(5) the date, time, and location of the hearing; and
(6) a statement that all persons affected or interested in the watershed district may attend
and give statements at the revised watershed management plan hearing.
Sec. 36.
Minnesota Statutes 2020, section 103D.405, subdivision 6, is amended to read:
Subd. 6.
Board order.
After the revised watershed management plan hearing, the board
must prescribe a revised watershed management plan for the watershed district. The board
must send a copy of the order and approved revised watershed management plan to the
managers, the county board of each county affected by the watershed district, the
commissioner, the director, deleted text begin the Metropolitan Council, where applicable,deleted text end and soil and water
conservation districts affected by the watershed district. The revised watershed management
plan approved by the board is the revised watershed management plan for the watershed
district.
Sec. 37.
Minnesota Statutes 2020, section 103G.293, is amended to read:
103G.293 STATEWIDE DROUGHT PLAN.
The commissioner shall establish a plan to respond to drought-related emergencies and
to prepare a statewide framework for drought response. deleted text begin The plan must consider metropolitan
water supply plans of the Metropolitan Council prepared under section 473.1565.deleted text end The plan
must provide a framework for implementing drought response actions in a staged approach
related to decreasing levels of flows. Permits issued under section 103G.271 must provide
conditions on water appropriation consistent with the drought response plan established by
this section.
Sec. 38.
Minnesota Statutes 2020, section 114C.25, is amended to read:
114C.25 GREEN STAR AWARD.
(a) A regulated entity may display at a facility a "green star" award designed by the
commissioner if:
(1) the regulated entity qualifies for participation in the environmental improvement
program under section 114C.22;
(2) the scope of the regulated entity's audit examines the facility's compliance with
applicable environmental requirements;
(3) the regulated entity certifies that all violations that were identified in the audit of the
facility were corrected within 90 days or within the time specified in an approved
performance schedule or certifies that no violations were identified in the audit; and
(4) at least two years have elapsed since the final resolution of an enforcement action
involving the regulated entity.
(b) After consulting with each other, however, the commissioner or the county may issue
an award if the enforcement action resulted from minor violations. deleted text begin If the regulated entity
is located in a metropolitan county, the commissioner and the county must also consult with
the Metropolitan Council before issuing a green star award.
deleted text end
(c) The award may be displayed for a period of two years from the time that the
commissioner determines that the requirements of this section have been met. A facility
submitting findings from its environmental management system is not eligible to receive
an award unless the findings are part of an audit which examines the facility's compliance
with applicable environmental requirements.
Sec. 39.
Minnesota Statutes 2020, section 114D.30, subdivision 4, is amended to read:
Subd. 4.
Terms; compensation; removal.
The terms of members representing the state
agencies deleted text begin and the Metropolitan Councildeleted text end are four years and are coterminous with the governor.
The terms of other nonlegislative members of the council shall be as provided in section
15.059, subdivision 2. Members may serve until their successors are appointed and qualify.
Compensation and removal of nonlegislative council members is as provided in section
15.059, subdivisions 3 and 4. Compensation of legislative members is as determined by the
appointing authority. The Pollution Control Agency may reimburse legislative members
for expenses. A vacancy on the council may be filled by the appointing authority provided
in subdivision 1 for the remainder of the unexpired term.
Sec. 40.
Minnesota Statutes 2020, section 116M.15, subdivision 1, is amended to read:
Subdivision 1.
Membership.
The Minnesota Emerging Entrepreneur Board is created
and consists of the commissioner of employment and economic development, the
commissioner of human rights, deleted text begin the chair of the Metropolitan Council,deleted text end and 12 members from
the general public appointed by the governor. Nine of the public members must be
representatives from minority business enterprises. No more than six of the public members
may be of one gender. At least one member must be a representative from a veteran-owned
business, and at least one member must be a representative from a business owned by a
person with disabilities. Appointments must ensure balanced geographic representation. At
least half of the public members must have experience working to address racial income
disparities. All public members must be experienced in business or economic development.
Sec. 41.
Minnesota Statutes 2020, section 118A.07, subdivision 1, is amended to read:
Subdivision 1.
Authority provided.
As used in this section, "governmental entity"
means a city with a population in excess of 200,000deleted text begin ,deleted text end new text begin or new text end a county that contains a city of that
sizedeleted text begin , or the Metropolitan Councildeleted text end . If a governmental entity meets the requirements of
subdivisions 2 and 3, it may exercise additional investment authority under subdivisions 4,
5, and 6.
Sec. 42.
Minnesota Statutes 2020, section 124D.892, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
(a) An Office of Desegregation/Integration is established
in the Department of Education to coordinate and support activities related to student
enrollment, student and staff recruitment and retention, transportation, and interdistrict
cooperation among school districts.
(b) At the request of a school district involved in cooperative desegregation/integration
efforts, the office shall perform any of the following activities:
(1) assist districts with interdistrict student transfers, including student recruitment,
counseling, placement, and transportation;
(2) coordinate and disseminate information about schools and programs;
(3) assist districts with new magnet schools and programs;
(4) assist districts in providing staff development and in-service training; and
(5) coordinate and administer staff exchanges.
(c) The office shall collect data on the efficacy of districts' desegregation/integration
efforts and make recommendations based on the data. deleted text begin The office shall periodically consult
with the Metropolitan Council to coordinate metropolitan school desegregation/integration
efforts with the housing, social, economic, and infrastructure needs of the metropolitan area.deleted text end
The office shall develop a process for resolving students' disputes and grievances about
student transfers under a desegregation/integration plan.
Sec. 43.
Minnesota Statutes 2020, section 134.201, subdivision 5, is amended to read:
Subd. 5.
General levy authority.
The board may levy for operation of public library
service. This levy shall replace levies for operation of public library service by cities and
counties authorized in section 134.07. The amount levied shall be spread on the net tax
capacity of all taxable property in the district at a uniform tax rate.
(a) The maximum amount that may be levied by a board under this section is the greater
of:
(1) the statewide average local support per capita for public library services for the most
recent reporting period available, as certified by the commissioner of education, multiplied
by the population of the district according to the most recent estimate of the state
demographer deleted text begin or the Metropolitan Councildeleted text end ; or
(2) the total amount provided by participating counties and cities under section 134.34,
subdivision 4, during the year preceding the first year of operation.
(b) For its first year of operation, the board shall levy an amount not less than the total
dollar amount provided by participating cities and counties during the preceding year under
section 134.34, subdivision 4.
Sec. 44.
Minnesota Statutes 2020, section 145A.02, subdivision 16, is amended to read:
Subd. 16.
Population.
"Population" means the total number of residents of the state or
any city or county as established by the last federal census, by a special census taken by the
United States Bureau of the Census, new text begin or new text end by the state demographer under section 4A.02, deleted text begin or
by an estimate of city population prepared by the Metropolitan Council,deleted text end whichever is the
most recent as to the stated date of count or estimate.
Sec. 45.
Minnesota Statutes 2020, section 216C.145, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Community energy efficiency and renewable energy projects" means solar thermal
water heating, solar electric or photovoltaic equipment, small wind energy conversion
systems of less than 250 kW, anaerobic digester gas systems, microhydro systems up to
100 kW, heating and cooling applications using solar thermal or ground source technology,
and cost-effective energy efficiency projects installed in industrial, commercial, or public
buildings, or health care facilities.
(c) "Health care facilities" means a hospital licensed under sections 144.50 to 144.56,
or a nursing home licensed under chapter 144A.
(d) "Industrial customer" means a business that is classified under the North American
Industrial Classification System under codes 21, 31 to 33, 48, 49, or 562.
(e) "Small business" means a business that employs 50 or fewer employees.
(f) "Unit of local government" means any home rule charter or statutory city, county,
commission, district, authority, or other political subdivision or instrumentality of this state,
including a sanitary district, park district, deleted text begin the Metropolitan Council,deleted text end a port authority, an
economic development authority, or a housing and redevelopment authority.
Sec. 46.
Minnesota Statutes 2020, section 216C.15, subdivision 1, is amended to read:
Subdivision 1.
Priorities and requirements.
The commissioner shall maintain an
emergency conservation and allocation plan. The plan shall provide a variety of strategies
and staged conservation measures to reduce energy use and, in the event of an energy supply
emergency, shall establish guidelines and criteria for allocation of fuels to priority users.
The plan shall contain alternative conservation actions and allocation plans to reasonably
meet various foreseeable shortage circumstances and allow a choice of appropriate responses.
The plan shall be consistent with requirements of federal emergency energy conservation
and allocation laws and regulations, shall be based on reasonable energy savings or transfers
from scarce energy resources and shall:
(1) give priority to individuals, institutions, agriculture, businesses, and public transit
under contract with the commissioner of transportation deleted text begin or the Metropolitan Council deleted text end which
demonstrate they have engaged in energy-saving measures and shall include provisions to
insure that:
(i) immediate allocations to individuals, institutions, agriculture, businesses, and public
transit be based on needs at energy conservation levels;
(ii) successive allocations to individuals, institutions, agriculture, businesses, and public
transit be based on needs after implementation of required action to increase energy
conservation; and
(iii) needs of individuals, institutions, and public transit are adjusted to insure the health
and welfare of the young, old and infirm;
(2) insure maintenance of reasonable job safety conditions and avoid environmental
sacrifices;
(3) establish programs, controls, standards, priorities or quotas for the allocation,
conservation, and consumption of energy resources; and for the suspension and modification
of existing standards and the establishment of new standards affecting or affected by the
use of energy resources, including those related to the type and composition of energy
sources, and to the hours and days during which public buildings, commercial and industrial
establishments, and other energy-consuming facilities may or are required to remain open;
(4) establish programs to control the use, sale or distribution of commodities, materials,
goods or services;
(5) establish regional programs and agreements for the purpose of coordinating the
energy resources, programs and actions of the state with those of the federal government,
of local governments, and of other states and localities;
(6) determine at what level of an energy supply emergency situation the Pollution Control
Agency shall be requested to ask the governor to petition the president for a temporary
emergency suspension of air quality standards as required by the Clean Air Act, United
States Code, title 42, section 7410f; and
(7) establish procedures for fair and equitable review of complaints and requests for
special exemptions regarding emergency conservation measures or allocations.
Sec. 47.
Minnesota Statutes 2020, section 216H.02, subdivision 2, is amended to read:
Subd. 2.
Climate change action plan.
By February 1, 2008, the commissioner of
commerce, in consultation with the commissioners of the Pollution Control Agency, the
Housing Finance Agency, and the Departments of Natural Resources, Agriculture,
Employment and Economic Development, and Transportation, deleted text begin and the chair of the
Metropolitan Council,deleted text end shall submit to the legislature a climate change action plan that meets
the requirements of this section.
Sec. 48.
Minnesota Statutes 2020, section 240.06, subdivision 2, is amended to read:
Subd. 2.
Hearings.
Before granting a class A license the commission shall conduct one
or more public hearings in the area where the racetrack is or will be located. The commission
shall also request comments on the application from the city council or town board of the
city or town where the track is or will be located, or from the county board if it is to be
located outside a city or town and from the appropriate regional development commission
deleted text begin or the Metropolitan Council, as the case may bedeleted text end .
Sec. 49.
Minnesota Statutes 2020, section 270.12, subdivision 3, is amended to read:
Subd. 3.
Jurisdictions in two or more counties.
When a taxing jurisdiction lies in two
or more counties, if the sales ratio studies prepared by the Department of Revenue show
that the average levels of assessment in the several portions of the taxing jurisdictions in
the different counties differ by more than five percent, the board may order the apportionment
of the levy. When the sales ratio studies prepared by the Department of Revenue show that
the average levels of assessment in the several portions of the taxing jurisdictions in the
different counties differ by more than ten percent, the board shall order the apportionment
of the levy unless (a) the proportion of total adjusted tax capacity in one of the counties is
less than ten percent of the total adjusted tax capacity in the taxing jurisdiction and the
average level of assessment in that portion of the taxing jurisdiction is the level which differs
by more than five percent from the assessment level in any one of the other portions of the
taxing jurisdiction; (b) significant changes have been made in the level of assessment in the
taxing jurisdiction which have not been reflected in the sales ratio study, and those changes
alter the assessment levels in the portions of the taxing jurisdiction so that the assessment
level now differs by five percent or less; or (c) commercial, industrial, mineral, or public
utility property predominates in one county within the taxing jurisdiction and another class
of property predominates in another county within that same taxing jurisdiction. If one or
more of these factors are present, the board may order the apportionment of the levy.
Notwithstanding any other provision, the levy for the Metropolitan Mosquito Control
District, deleted text begin Metropolitan Council,deleted text end metropolitan transit district, and metropolitan transit area
must be apportioned without regard to the percentage difference.
If, pursuant to this subdivision, the board apportions the levy, then that levy
apportionment among the portions in the different counties shall be made in the same
proportion as the adjusted tax capacity as determined by the commissioner in each portion
is to the total adjusted tax capacity of the taxing jurisdiction.
For the purposes of this section, the average level of assessment in a taxing jurisdiction
or portion thereof shall be the aggregate assessment sales ratio. Tax capacities as determined
by the commissioner shall be the tax capacities as determined for the year preceding the
year in which the levy to be apportioned is levied.
Actions pursuant to this subdivision shall be commenced subsequent to the annual
meeting on April 15 of the State Board of Equalization, but notice of the action shall be
given to the affected jurisdiction and the appropriate county auditors by the following June
30.
Apportionment of a levy pursuant to this subdivision shall be considered as a remedy
to be taken after equalization pursuant to subdivision 2, and when equalization within the
jurisdiction would disturb equalization within other jurisdictions of which the several portions
of the jurisdiction in question are a part.
Sec. 50.
Minnesota Statutes 2021 Supplement, section 275.065, subdivision 3, is amended
to read:
Subd. 3.
Notice of proposed property taxes.
(a) The county auditor shall prepare and
the county treasurer shall deliver after November 10 and on or before November 24 each
year, by first class mail to each taxpayer at the address listed on the county's current year's
assessment roll, a notice of proposed property taxes. Upon written request by the taxpayer,
the treasurer may send the notice in electronic form or by electronic mail instead of on paper
or by ordinary mail.
(b) The commissioner of revenue shall prescribe the form of the notice.
(c) The notice must inform taxpayers that it contains the amount of property taxes each
taxing authority proposes to collect for taxes payable the following year. In the case of a
town, or in the case of the state general tax, the final tax amount will be its proposed tax.
The notice must clearly state for each city that has a population over 500, county, school
district, regional library authority established under section 134.201, metropolitan taxing
districts as defined in paragraph (i), and fire protection and emergency medical services
special taxing districts established under section 144F.01, the time and place of a meeting
for each taxing authority in which the budget and levy will be discussed and public input
allowed, prior to the final budget and levy determination. The taxing authorities must provide
the county auditor with the information to be included in the notice on or before the time it
certifies its proposed levy under subdivision 1. The public must be allowed to speak at that
meeting, which must occur after November 24 and must not be held before 6:00 p.m. It
must provide a telephone number for the taxing authority that taxpayers may call if they
have questions related to the notice and an address where comments will be received by
mail, except that no notice required under this section shall be interpreted as requiring the
printing of a personal telephone number or address as the contact information for a taxing
authority. If a taxing authority does not maintain public offices where telephone calls can
be received by the authority, the authority may inform the county of the lack of a public
telephone number and the county shall not list a telephone number for that taxing authority.
(d) The notice must state for each parcel:
(1) the market value of the property as determined under section 273.11, and used for
computing property taxes payable in the following year and for taxes payable in the current
year as each appears in the records of the county assessor on November 1 of the current
year; and, in the case of residential property, whether the property is classified as homestead
or nonhomestead. The notice must clearly inform taxpayers of the years to which the market
values apply and that the values are final values;
(2) the items listed below, shown separately by county, city or town, and state general
tax, agricultural homestead credit under section 273.1384, school building bond agricultural
credit under section 273.1387, voter approved school levy, other local school levy, and the
sum of the special taxing districts, and as a total of all taxing authorities:
(i) the actual tax for taxes payable in the current year; and
(ii) the proposed tax amount.
If the county levy under clause (2) includes an amount for a lake improvement district
as defined under sections 103B.501 to 103B.581, the amount attributable for that purpose
must be separately stated from the remaining county levy amount.
In the case of a town or the state general tax, the final tax shall also be its proposed tax
unless the town changes its levy at a special town meeting under section 365.52. If a school
district has certified under section 126C.17, subdivision 9, that a referendum will be held
in the school district at the November general election, the county auditor must note next
to the school district's proposed amount that a referendum is pending and that, if approved
by the voters, the tax amount may be higher than shown on the notice. In the case of the
city of Minneapolis, the levy for Minneapolis Park and Recreation shall be listed separately
from the remaining amount of the city's levy. In the case of the city of St. Paul, the levy for
the St. Paul Library Agency must be listed separately from the remaining amount of the
city's levy. In the case of Ramsey County, any amount levied under section 134.07 may be
listed separately from the remaining amount of the county's levy. In the case of a parcel
where tax increment or the fiscal disparities areawide tax under chapter 276A or 473F
applies, the proposed tax levy on the captured value or the proposed tax levy on the tax
capacity subject to the areawide tax must each be stated separately and not included in the
sum of the special taxing districts; and
(3) the increase or decrease between the total taxes payable in the current year and the
total proposed taxes, expressed as a percentage.
For purposes of this section, the amount of the tax on homesteads qualifying under the
senior citizens' property tax deferral program under chapter 290B is the total amount of
property tax before subtraction of the deferred property tax amount.
(e) The notice must clearly state that the proposed or final taxes do not include the
following:
(1) special assessments;
(2) levies approved by the voters after the date the proposed taxes are certified, including
bond referenda and school district levy referenda;
(3) a levy limit increase approved by the voters by the first Tuesday after the first Monday
in November of the levy year as provided under section 275.73;
(4) amounts necessary to pay cleanup or other costs due to a natural disaster occurring
after the date the proposed taxes are certified;
(5) amounts necessary to pay tort judgments against the taxing authority that become
final after the date the proposed taxes are certified; and
(6) the contamination tax imposed on properties which received market value reductions
for contamination.
(f) Except as provided in subdivision 7, failure of the county auditor to prepare or the
county treasurer to deliver the notice as required in this section does not invalidate the
proposed or final tax levy or the taxes payable pursuant to the tax levy.
(g) If the notice the taxpayer receives under this section lists the property as
nonhomestead, and satisfactory documentation is provided to the county assessor by the
applicable deadline, and the property qualifies for the homestead classification in that
assessment year, the assessor shall reclassify the property to homestead for taxes payable
in the following year.
(h) In the case of class 4 residential property used as a residence for lease or rental
periods of 30 days or more, the taxpayer must either:
(1) mail or deliver a copy of the notice of proposed property taxes to each tenant, renter,
or lessee; or
(2) post a copy of the notice in a conspicuous place on the premises of the property.
The notice must be mailed or posted by the taxpayer by November 27 or within three
days of receipt of the notice, whichever is later. A taxpayer may notify the county treasurer
of the address of the taxpayer, agent, caretaker, or manager of the premises to which the
notice must be mailed in order to fulfill the requirements of this paragraph.
(i) For purposes of this subdivision and subdivision 6, "metropolitan special taxing
districts" means the following taxing districts in the seven-county metropolitan area that
levy a property tax for any of the specified purposes listed below:
deleted text begin
(1) Metropolitan Council under section 473.132, 473.167, 473.249, 473.325, 473.446,
473.521, 473.547, or 473.834;
deleted text end
deleted text begin (2)deleted text end new text begin (1)new text end Metropolitan Airports Commission under section 473.667, 473.671, or 473.672;
and
deleted text begin (3)deleted text end new text begin (2)new text end Metropolitan Mosquito Control Commission under section 473.711.
For purposes of this section, any levies made by the regional rail authorities in the county
of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 398A
shall be included with the appropriate county's levy.
(j) The governing body of a county, city, or school district may, with the consent of the
county board, include supplemental information with the statement of proposed property
taxes about the impact of state aid increases or decreases on property tax increases or
decreases and on the level of services provided in the affected jurisdiction. This supplemental
information may include information for the following year, the current year, and for as
many consecutive preceding years as deemed appropriate by the governing body of the
county, city, or school district. It may include only information regarding:
(1) the impact of inflation as measured by the implicit price deflator for state and local
government purchases;
(2) population growth and decline;
(3) state or federal government action; and
(4) other financial factors that affect the level of property taxation and local services
that the governing body of the county, city, or school district may deem appropriate to
include.
The information may be presented using tables, written narrative, and graphic
representations and may contain instruction toward further sources of information or
opportunity for comment.
Sec. 51.
Minnesota Statutes 2021 Supplement, section 275.066, is amended to read:
275.066 SPECIAL TAXING DISTRICTS; DEFINITION.
For the purposes of property taxation and property tax state aids, the term "special taxing
districts" includes the following entities:
(1) watershed districts under chapter 103D;
(2) sanitary districts under sections 442A.01 to 442A.29;
(3) regional sanitary sewer districts under sections 115.61 to 115.67;
(4) regional public library districts under section 134.201;
(5) park districts under chapter 398;
(6) regional railroad authorities under chapter 398A;
(7) hospital districts under sections 447.31 to 447.38;
(8) St. Cloud Metropolitan Transit Commission under sections 458A.01 to 458A.15;
(9) Duluth Transit Authority under sections 458A.21 to 458A.37;
(10) regional development commissions under sections 462.381 to 462.398;
(11) housing and redevelopment authorities under sections 469.001 to 469.047;
(12) port authorities under sections 469.048 to 469.068;
(13) economic development authorities under sections 469.090 to 469.1081;
deleted text begin
(14) Metropolitan Council under sections 473.123 to 473.549;
deleted text end
deleted text begin (15)deleted text end new text begin (14)new text end Metropolitan Airports Commission under sections 473.601 to 473.679;
deleted text begin (16)deleted text end new text begin (15)new text end Metropolitan Mosquito Control Commission under sections 473.701 to 473.716;
deleted text begin (17)deleted text end new text begin (16)new text end Morrison County Rural Development Financing Authority under Laws 1982,
chapter 437, section 1;
deleted text begin (18)deleted text end new text begin (17)new text end Croft Historical Park District under Laws 1984, chapter 502, article 13, section
6;
deleted text begin (19)deleted text end new text begin (18)new text end East Lake County Medical Clinic District under Laws 1989, chapter 211,
sections 1 to 6;
deleted text begin (20)deleted text end new text begin (19)new text end Floodwood Area Ambulance District under Laws 1993, chapter 375, article
5, section 39;
deleted text begin (21)deleted text end new text begin (20)new text end Middle Mississippi River Watershed Management Organization under sections
103B.211 and 103B.241;
deleted text begin (22)deleted text end new text begin (21)new text end fire protection and emergency medical services special taxing districts under
section 144F.01;
deleted text begin (23)deleted text end new text begin (22)new text end a county levying under the authority of section 103B.241, 103B.245, or
103B.251;
deleted text begin (24)deleted text end new text begin (23)new text end Southern St. Louis County Special Taxing District; Chris Jensen Nursing Home
under Laws 2003, First Special Session chapter 21, article 4, section 12;
deleted text begin (25)deleted text end new text begin (24)new text end an airport authority created under section 360.0426; and
deleted text begin (26)deleted text end new text begin (25)new text end any other political subdivision of the state of Minnesota, excluding counties,
school districts, cities, and towns, that has the power to adopt and certify a property tax levy
to the county auditor, as determined by the commissioner of revenue.
Sec. 52.
Minnesota Statutes 2020, section 275.62, subdivision 3, is amended to read:
Subd. 3.
Population estimate.
For the purposes of this section, the population of a local
governmental unit shall be that established by the last federal census, by a census taken
under section 275.14deleted text begin ,deleted text end or by an estimate made by the deleted text begin Metropolitan Council or by the deleted text end state
demographer made under section 4A.02, whichever is the most recent as to the stated date
of count or estimate for the calendar year preceding the current levy year.
Sec. 53.
Minnesota Statutes 2020, section 275.70, subdivision 4, is amended to read:
Subd. 4.
Population; number of households.
"Population" or "number of households"
means the population or number of households for the local governmental unit as established
by the last federal census, by a census taken under section 275.14deleted text begin ,deleted text end or by an estimate made
by the deleted text begin metropolitan council or by thedeleted text end state demographer under section 4A.02, whichever is
most recent as to the stated date of the count or estimate up to and including June 1 of the
current levy year.
Sec. 54.
Minnesota Statutes 2020, section 297A.70, subdivision 2, is amended to read:
Subd. 2.
Sales to government.
(a) All sales, except those listed in paragraph (b), to the
following governments and political subdivisions, or to the listed agencies or instrumentalities
of governments and political subdivisions, are exempt:
(1) the United States and its agencies and instrumentalities;
(2) school districts, local governments, the University of Minnesota, state universities,
community colleges, technical colleges, state academies, the Perpich Minnesota Center for
Arts Education, and an instrumentality of a political subdivision that is accredited as an
optional/special function school by the North Central Association of Colleges and Schools;
(3) hospitals and nursing homes owned and operated by political subdivisions of the
state of tangible personal property and taxable services used at or by hospitals and nursing
homes;
deleted text begin
(4) notwithstanding paragraph (d), the sales and purchases by the Metropolitan Council
of vehicles and repair parts to equip operations provided for in section 473.4051 are exempt
through December 31, 2016;
deleted text end
deleted text begin (5)deleted text end new text begin (4)new text end other states or political subdivisions of other states, if the sale would be exempt
from taxation if it occurred in that state; and
deleted text begin (6)deleted text end new text begin (5)new text end public libraries, public library systems, multicounty, multitype library systems
as defined in section 134.001, county law libraries under chapter 134A, state agency libraries,
the state library under section 480.09, and the Legislative Reference Library.
(b) This exemption does not apply to the sales of the following products and services:
(1) building, construction, or reconstruction materials purchased by a contractor or a
subcontractor as a part of a lump-sum contract or similar type of contract with a guaranteed
maximum price covering both labor and materials for use in the construction, alteration, or
repair of a building or facility;
(2) construction materials purchased by tax exempt entities or their contractors to be
used in constructing buildings or facilities which will not be used principally by the tax
exempt entities;
(3) the leasing of a motor vehicle as defined in section 297B.01, subdivision 11, except
for leases entered into by the United States or its agencies or instrumentalities;
(4) lodging as defined under section 297A.61, subdivision 3, paragraph (g), clause (2),
and prepared food, candy, soft drinks, and alcoholic beverages as defined in section 297A.67,
subdivision 2, except for lodging, prepared food, candy, soft drinks, and alcoholic beverages
purchased directly by the United States or its agencies or instrumentalities; or
(5) goods or services purchased by a local government as inputs to a liquor store, gas
or electric utility, solid waste hauling service, solid waste recycling service, landfill, golf
course, marina, campground, cafe, or laundromat.
(c) As used in this subdivision, "school districts" means public school entities and districts
of every kind and nature organized under the laws of the state of Minnesota, and any
instrumentality of a school district, as defined in section 471.59.
(d) For purposes of the exemption granted under this subdivision, "local governments"
has the following meaning:
(1) for the period prior to January 1, 2017, local governments means statutory or home
rule charter cities, counties, and townships; and
(2) beginning January 1, 2017, local governments means statutory or home rule charter
cities, counties, and townships; special districts as defined under section 6.465; any
instrumentality of a statutory or home rule charter city, county, or township as defined in
section 471.59; and any joint powers board or organization created under section 471.59.
Sec. 55.
Minnesota Statutes 2021 Supplement, section 297A.70, subdivision 3, is amended
to read:
Subd. 3.
Sales of certain goods and services to government.
(a) The following sales
to or use by the specified governments and political subdivisions of the state are exempt:
(1) repair and replacement parts for emergency rescue vehicles, fire trucks, and fire
apparatus to a political subdivision;
(2) machinery and equipment, except for motor vehicles, used directly for mixed
municipal solid waste management services at a solid waste disposal facility as defined in
section 115A.03, subdivision 10;
(3) chore and homemaking services to a political subdivision of the state to be provided
to elderly individuals or persons with a disability;
(4) telephone services to the Department of Information Technology Services that are
used to provide telecommunications services through the MNIT services revolving fund;
(5) firefighter personal protective equipment as defined in paragraph (b), if purchased
or authorized by and for the use of an organized fire department, fire protection district, or
fire company regularly charged with the responsibility of providing fire protection to the
state or a political subdivision;
(6) bullet-resistant body armor that provides the wearer with ballistic and trauma
protection, if purchased by a law enforcement agency of the state or a political subdivision
of the state, or a licensed peace officer, as defined in section 626.84, subdivision 1;
(7) motor vehicles purchased or leased by political subdivisions of the state if the vehicles
are exempt from registration under section 168.012, subdivision 1, paragraph (b), exempt
from taxation under section 473.448, or exempt from the motor vehicle sales tax under
section 297B.03, clause (12);
(8) equipment designed to process, dewater, and recycle biosolids for wastewater
treatment facilities of political subdivisions, and materials incidental to installation of that
equipment;
(9) the removal of trees, bushes, or shrubs for the construction and maintenance of roads,
trails, or firebreaks when purchased by an agency of the state or a political subdivision of
the state;
(10) purchases by deleted text begin the Metropolitan Council ordeleted text end the Department of Transportation of
vehicles and repair parts to equip operations provided for in section 174.90, including, but
not limited to, the Northstar Corridor Rail project; and
(11) purchases of water used directly in providing public safety services by an organized
fire department, fire protection district, or fire company regularly charged with the
responsibility of providing fire protection to the state or a political subdivision.
(b) For purposes of this subdivision, "firefighters personal protective equipment" means
helmets, including face shields, chin straps, and neck liners; bunker coats and pants, including
pant suspenders; boots; gloves; head covers or hoods; wildfire jackets; protective coveralls;
goggles; self-contained breathing apparatus; canister filter masks; personal alert safety
systems; spanner belts; optical or thermal imaging search devices; and all safety equipment
required by the Occupational Safety and Health Administration.
(c) For purchases of items listed in paragraph (a), clause (10), the tax must be imposed
and collected as if the rate under section 297A.62, subdivision 1, applied and then refunded
in the manner provided in section 297A.75.
Sec. 56.
Minnesota Statutes 2020, section 297A.992, subdivision 4, is amended to read:
Subd. 4.
Joint powers board.
(a) The joint powers board must consist of one or more
commissioners of each county that is in the metropolitan transportation area, appointed by
its county board, deleted text begin and the chair of the Metropolitan Council,deleted text end who must have voting rights,
subject to subdivision 3, clause (4). The joint powers board has the powers and duties
provided in this section and section 471.59.
(b) The joint powers board may utilize no more than three-fourths of one percent of the
proceeds of the taxes imposed under this section for ordinary administrative expenses
incurred in carrying out the provisions of this section. Any additional administrative expenses
must be paid by the participating counties.
(c) The joint powers board may establish a technical advisory group that is separate from
the GEARS Committee. The group must consist of representatives of cities, counties, or
public agenciesdeleted text begin , including the Metropolitan Councildeleted text end . The technical advisory group must be
used solely for technical consultation purposes.
Sec. 57.
Minnesota Statutes 2020, section 297A.992, subdivision 5, is amended to read:
Subd. 5.
Grant application and awards; Grant Evaluation and Ranking System
(GEARS) Committee.
(a) The joint powers board shall establish a grant application process
and identify the amount of available funding for grant awards. Grant applications must be
submitted in a form prescribed by the joint powers board. An applicant must provide, in
addition to all other information required by the joint powers board, the estimated cost of
the project, the amount of the grant sought, possible sources of funding in addition to the
grant sought, and identification of any federal funds that will be utilized if the grant is
awarded. A grant application seeking transit capital funding must identify the source of
money necessary to operate the transit improvement.
(b) The joint powers board shall establish a timeline and procedures for the award of
grants, and may award grants only to the state and political subdivisions. The board shall
define objective criteria for the award of grantsdeleted text begin , which must include, but not be limited to,
consistency with the most recent version of the transportation policy plan adopted by the
Metropolitan Council under section 473.146deleted text end . The joint powers board shall maximize the
availability and use of federal funds in projects funded under this section.
(c) The joint powers board shall establish a GEARS Committee, which must consist of:
(1) one county commissioner from each county that is in the metropolitan transportation
area, appointed by its county board;
(2) one elected city representative from each county that is in the metropolitan
transportation area;new text begin and
new text end
(3) one additional elected city representative from each county for every additional
400,000 in population, or fraction of 400,000, in the county that is above 400,000 in
populationdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(4) the chair of the Metropolitan Council Transportation Committee.
deleted text end
(d) Each city representative must be elected at a meeting of cities in the metropolitan
transportation area, which must be convened for that purpose by the Association of
Metropolitan Municipalities.
(e) The committee shall evaluate grant applications following objective criteria established
by the joint powers board, and must provide to the joint powers board a selection list of
transportation projects that includes a priority ranking.
deleted text begin
(f) A grant award for a transit project located within the metropolitan area, as defined
in section 473.121, subdivision 2, may be funded only after the Metropolitan Council reviews
the project for consistency with the transit portion of the Metropolitan Council policy plan
and one of the following occurs:
deleted text end
deleted text begin
(1) the Metropolitan Council finds the project to be consistent;
deleted text end
deleted text begin
(2) the Metropolitan Council initially finds the project to be inconsistent, but after a
good faith effort to resolve the inconsistency through negotiations with the joint powers
board, agrees that the grant award may be funded; or
deleted text end
deleted text begin
(3) the Metropolitan Council finds the project to be inconsistent, and submits the
consistency issue for final determination to a panel, which determines the project to be
consistent. The panel is composed of a member appointed by the chair of the Metropolitan
Council, a member appointed by the joint powers board, and a member agreed upon by both
the chair and the joint powers board.
deleted text end
deleted text begin (g)deleted text end new text begin (f) new text end Grants must be funded by the proceeds of the taxes imposed under this section,
bonds, notes, or other obligations issued by the joint powers board under subdivision 7.
deleted text begin
(h) Notwithstanding the provisions of this section except subdivision 6a, of the revenue
collected under this section, the joint powers board shall allocate to the Metropolitan Council,
in fiscal years 2012 and 2013, an amount not less than 75 percent of the net cost of operations
for those transitways that were receiving metropolitan sales tax funds through an operating
grant agreement on June 30, 2011.
deleted text end
deleted text begin
(i) The Metropolitan Council shall expend any funds allocated under paragraph (h) for
the operations of the specified transitways solely within those counties that are in the
metropolitan transportation area.
deleted text end
deleted text begin
(j) Nothing in paragraph (h) or (i) prevents grant awards to the Metropolitan Council
for capital and operating assistance for transitways and park-and-ride facilities.
deleted text end
Sec. 58.
Minnesota Statutes 2020, section 352.01, subdivision 2a, is amended to read:
Subd. 2a.
Included employees.
(a) "State employee" includes:
(1) employees of the Minnesota Historical Society;
(2) employees of the State Horticultural Society;
(3) employees of the Minnesota Crop Improvement Association;
(4) employees of the adjutant general whose salaries are paid from federal funds and
who are not covered by any federal civilian employees retirement system;
(5) employees of the Minnesota State Colleges and Universities who are employed under
the university or college activities program;
(6) currently contributing employees covered by the system who are temporarily
employed by the legislature during a legislative session or any currently contributing
employee employed for any special service as defined in subdivision 2b, clause (6);
(7) employees of the legislature who are appointed without a limit on the duration of
their employment;
(8) trainees who are employed on a full-time established training program performing
the duties of the classified position for which they will be eligible to receive immediate
appointment at the completion of the training period;
(9) employees of the Minnesota Safety Council;
(10) any employees who are on authorized leave of absence from the Transit Operating
Division of the former Metropolitan Transit Commission and who are employed by the
labor organization which is the exclusive bargaining agent representing employees of the
Transit Operating Division;
(11) employees of the deleted text begin Metropolitan Council,deleted text end Metropolitan Parks and Open Space
Commission, Metropolitan Sports Facilities Commission, or Metropolitan Mosquito Control
Commission unless excluded under subdivision 2b or are covered by another public pension
fund or plan under section 473.415, subdivision 3;
(12) judges of the Tax Court;
(13) personnel who were employed on June 30, 1992, by the University of Minnesota
in the management, operation, or maintenance of its heating plant facilities, whose
employment transfers to an employer assuming operation of the heating plant facilities, so
long as the person is employed at the University of Minnesota heating plant by that employer
or by its successor organization;
(14) personnel who are employed as seasonal employees in the classified or unclassified
service;
(15) persons who are employed by the Department of Commerce as a peace officer in
the Commerce Fraud Bureau under section 45.0135 who have attained the mandatory
retirement age specified in section 43A.34, subdivision 4;
(16) employees of the University of Minnesota unless excluded under subdivision 2b,
clause (3);
(17) employees of the Middle Management Association whose employment began after
July 1, 2007, and to whom section 352.029 does not apply;
(18) employees of the Minnesota Government Engineers Council to whom section
352.029 does not apply;
(19) employees of the Minnesota Sports Facilities Authority;
(20) employees of the Minnesota Association of Professional Employees;
(21) employees of the Minnesota State Retirement System;
(22) employees of the State Agricultural Society;
(23) employees of the Gillette Children's Hospital Board who were employed in the
state unclassified service at the former Gillette Children's Hospital on March 28, 1974;
(24) if approved for coverage by the Board of Directors of Conservation Corps Minnesota,
employees of Conservation Corps Minnesota so employed on June 30, 2003; and
(25) employees of the Perpich Center for Arts Education who are covered by the general
state employees retirement plan of the Minnesota State Retirement System as of July 1,
2016.
(b) Employees specified in paragraph (a), clause (13), are included employees under
paragraph (a) if employer and employee contributions are made in a timely manner in the
amounts required by section 352.04. Employee contributions must be deducted from salary.
Employer contributions are the sole obligation of the employer assuming operation of the
University of Minnesota heating plant facilities or any successor organizations to that
employer.
Sec. 59.
Minnesota Statutes 2021 Supplement, section 352.01, subdivision 2b, is amended
to read:
Subd. 2b.
Excluded employees.
"State employee" does not include:
(1) persons who are:
(i) students employed by the University of Minnesota, or within the Minnesota State
Colleges and Universities system, unless approved for coverage by the Board of Regents
of the University of Minnesota or the Board of Trustees of the Minnesota State Colleges
and Universities, whichever applies;
(ii) employed as interns for a period not to exceed six months unless included under
subdivision 2a, paragraph (a), clause (8);
(iii) employed as trainee employees unless included under subdivision 2a, paragraph
(a), clause (8); or
(iv) employed in the student worker classification as designated by Minnesota
Management and Budget;
(2) employees who are:
(i) eligible for membership in the state Teachers Retirement Association, unless the
person is an employee of the Department of Education who elected to be covered by the
general state employees retirement plan of the Minnesota State Retirement System instead
of the Teachers Retirement Association;
(ii) employees of the state who, in any year, were credited with 12 months of allowable
service as a public school teacher and, as such, are members of a retirement plan governed
by chapter 354 or 354A unless the employment is incidental employment as a state employee
that is not covered by a retirement plan governed by chapter 354 or 354A;
(iii) employees of the state who are employed by the Board of Trustees of the Minnesota
State Colleges and Universities in an unclassified position that is listed in section 43A.08,
subdivision 1, clause (9);
(iv) persons employed by the Board of Trustees of the Minnesota State Colleges and
Universities who elected retirement coverage other than by the general state employees
retirement plan of the Minnesota State Retirement System under Minnesota Statutes 1994,
section 136C.75;
(v) officers or enlisted personnel in the National Guard or in the naval militia who are
assigned to permanent peacetime duty and who are or are required to be members of a
federal retirement system under federal law;
(vi) persons employed by the Department of Military Affairs as full-time firefighters
and who, as such, are members of the public employees police and fire retirement plan;
(vii) members of the State Patrol retirement plan under section 352B.011, subdivision
10;new text begin and
new text end
deleted text begin
(viii) off-duty police officers while employed by the Metropolitan Council and persons
employed as full-time police officers by the Metropolitan Council and who, as such, are
members of the public employees police and fire retirement plan; and
deleted text end
deleted text begin (ix)deleted text end new text begin (viii)new text end employees of the state who have elected to transfer account balances derived
from state service to the unclassified state employees retirement program under section
352D.02, subdivision 1d;
(3) employees of the University of Minnesota who are excluded from coverage by action
of the Board of Regents;
(4) election judges and persons who are employed solely to administer elections;
(5) persons who are:
(i) engaged in public work for the state but who are employed by contractors when the
performance of the contract is authorized by the legislature or other competent authority;
(ii) employed to perform professional services where the service is incidental to the
person's regular professional duties and where compensation is paid on a per diem basis;
or
(iii) compensated on a fee payment basis or as an independent contractor;
(6) persons who are employed:
(i) on a temporary basis by the house of representatives, the senate, or a legislative
commission or agency under the jurisdiction of the Legislative Coordinating Commission;
(ii) as a temporary employee on or after July 1 for a period ending on or before October
15 of that calendar year for the Minnesota State Agricultural Society or the Minnesota State
Fair, or as an employee at any time for a special event held on the fairgrounds;
(iii) by the executive branch as a temporary employee in the classified service or as an
executive branch temporary employee in the unclassified service if appointed for a definite
period not to exceed six months, and if employment is less than six months, then in any
12-month period;
(iv) by the adjutant general if employed on an unlimited intermittent or temporary basis
in the classified service or in the unclassified service for the support of Army or Air National
Guard training facilities;new text begin and
new text end
(v) by a state or federal program for training or rehabilitation as a temporary employee
if employed for a limited period from an area of economic distress and if other than a skilled
or supervisory personnel position or other than a position that has civil service status covered
by the retirement system; deleted text begin and
deleted text end
deleted text begin
(vi) by the Metropolitan Council or a statutory board of the Metropolitan Council where
the members of the board are appointed by the Metropolitan Council as a temporary employee
if the appointment does not exceed six months;
deleted text end
(7) receivers, jurors, notaries public, and court employees who are not in the judicial
branch as defined in section 43A.02, subdivision 25, except referees and adjusters employed
by the Department of Labor and Industry;
(8) patient and inmate help who perform services in state charitable, penal, and
correctional institutions, including a Minnesota Veterans Home;
(9) employees of the Sibley House Association;
(10) persons who are:
(i) members of any state board or commission who serve the state intermittently and are
paid on a per diem basis, the secretary, secretary-treasurer, and treasurer of those boards if
their compensation is $5,000 or less per year, or, if they are legally prohibited from serving
more than three years, and the board of managers of the State Agricultural Society and its
treasurer unless the treasurer is also its full-time secretary;
(ii) examination monitors employed by a department, agency, commission, or board of
the state to conduct examinations that are required by law; or
(iii) appointees serving as a member of a fact-finding commission or an adjustment
panel, an arbitrator, or a labor referee under chapter 179;
(11) emergency employees who are in the classified service, but if an emergency
employee, within the same pay period, becomes a provisional or probationary employee on
other than a temporary basis, the employee must be considered a "state employee"
retroactively to the beginning of the pay period;
(12) persons who are members of a religious order who are excluded from coverage
under the federal Old Age, Survivors, Disability, and Health Insurance Program for the
performance of service as specified in United States Code, title 42, section 410(a)(8)(A),
as amended, if no irrevocable election of coverage has been made under section 3121(r) of
the Internal Revenue Code of 1986, as amended;
(13) members of trades who are employed by the successor to the Metropolitan Waste
Control Commission, who have trade union pension plan coverage under a collective
bargaining agreement, and who are first employed after June 1, 1977;
(14) for the first three years of employment, foreign citizens who are state employees
under subdivision 2 or included employees under subdivision 2a, unless the foreign citizen
is:
(i) an H-1B, H-1B1, or E-3 status holder;
(ii) an employee legally authorized to work in the United States for three years or more;
or
(iii) an employee otherwise required to participate under federal law; and
(15) reemployed annuitants of the general state employees retirement plan, the military
affairs personnel retirement plan, the transportation department pilots retirement plan, the
state fire marshal employees retirement plan, or the correctional state employees retirement
plan during the course of that reemployment.
Sec. 60.
Minnesota Statutes 2020, section 352.03, subdivision 1, is amended to read:
Subdivision 1.
Membership of board; election; term.
(a) The policy-making function
of the system is vested in a board of 11 members known as the board of directors. This
board shall consist of:
(1) three members appointed by the governor, one of whom must be a constitutional
officer or appointed state official and two of whom must be public members knowledgeable
in pension matters;
(2) four state employees elected by active and inactive vested members of the general
state employees retirement plan and members with an account balance in the unclassified
employees retirement program, excluding employees and inactive vested members for whom
a board member is designated under clause (3);
(3) one employee of the deleted text begin Metropolitan Council'sdeleted text end new text begin Department of Transportation'snew text end transit
operations or its successor agency designated by the executive committee of the labor
organization that is the exclusive bargaining agent representing employees of the transit
division;
(4) one employee who is a member of the State Patrol retirement plan elected by active
and inactive vested members of that plan;
(5) one employee who is a member of the correctional state employees retirement plan
established under this chapter elected by active and inactive vested members of that plan;
and
(6) one retired employee of a plan included in the system, elected by disabled and retired
employees of the plans administered by the system at a time and in a manner determined
by the board.
(b) The terms of the four elected state employees under paragraph (a), clause (2), must
be staggered, with two of the state employee board positions elected each biennium, whose
terms of office begin on the first Monday in May after their election. Elected members and
the appointed member of the deleted text begin Metropolitan Council'sdeleted text end new text begin Department of Transportation'snew text end transit
operations hold office for a term of four years and until their successors are elected or
appointed, and have qualified.
(c) An employee or former employee of the system is not eligible for membership on
the board of directors. A state employee on leave of absence is not eligible for election or
reelection to membership on the board of directors.
(d) The term of any board member who is on leave for more than six months
automatically ends on expiration of the term of office.
Sec. 61.
Minnesota Statutes 2020, section 352.04, subdivision 6, is amended to read:
Subd. 6.
Quasi-state agencies; employer contributions.
For those of their employees
who are covered by the system, the State Horticultural Society, the Disabled American
Veterans, Department of Minnesota, Veterans of Foreign Wars, Department of Minnesota,
the Minnesota Crop Improvement Association, the Minnesota Historical Society, the Armory
Building Commission, the Minnesota Safety Council, deleted text begin the Metropolitan Council and any of
its statutory boards,deleted text end the employer of persons described in section 352.01, subdivision 2a,
paragraph (a), clause (15), and any other agency employing employees covered by this
system, respectively, shall also pay into the retirement fund the amount required by
subdivision 3.
Sec. 62.
Minnesota Statutes 2020, section 352D.02, subdivision 1, is amended to read:
Subdivision 1.
Coverage.
(a) Employees enumerated in paragraph (c), clauses (2), (3),
(4), (6) to (14), and (16) to (18), if they are in the unclassified service of the state deleted text begin or
Metropolitan Councildeleted text end and are eligible for coverage under the general state employees
retirement plan under chapter 352, are participants in the unclassified program under this
chapter.
(b) Persons referenced in paragraph (c), clause (5), are participants in the unclassified
program under this chapter unless the person was eligible to elect different coverage under
section 3A.07 and elected retirement coverage by the applicable alternative retirement plan.
Persons referenced in paragraph (c), clause (15), are participants in the unclassified program
under this chapter for judicial employment in excess of the service credit limit in section
490.121, subdivision 22.
(c) Enumerated employees and referenced persons are:
(1) the governor, the lieutenant governor, the secretary of state, the state auditor, and
the attorney general;
(2) an employee in the Office of the Governor, Lieutenant Governor, Secretary of State,
State Auditor, Attorney General;
(3) an employee of the State Board of Investment;
(4) the head of a department, division, or agency created by statute in the unclassified
service, an acting department head subsequently appointed to the position, or an employee
enumerated in section 15A.0815 or 15A.083, subdivision 4;
(5) a member of the legislature;
(6) an unclassified employee of the legislature or a commission or agency of the
legislature who is appointed without a limit on the duration of the employment or a temporary
legislative employee having shares in the supplemental retirement fund as a result of former
employment covered by this chapter, whether or not eligible for coverage under the
Minnesota State Retirement System;
(7) a person who is employed in a position established under section 43A.08, subdivision
1, clause (3), or in a position authorized under a statute creating or establishing a department
or agency of the state, which is at the deputy or assistant head of department or agency or
director level;
deleted text begin
(8) the regional administrator, or executive director of the Metropolitan Council, general
counsel, division directors, operations managers, and other positions as designated by the
council, all of which may not exceed 27 positions at the council and the chair;
deleted text end
deleted text begin (9)deleted text end new text begin (8)new text end the commissioner, deputy commissioner, and not to exceed nine positions of the
Minnesota Office of Higher Education in the unclassified service, as designated by the
Minnesota Office of Higher Education before January 1, 1992, or subsequently redesignated
with the approval of the board of directors of the Minnesota State Retirement System, unless
the person has elected coverage by the individual retirement account plan under chapter
354B;
deleted text begin (10)deleted text end new text begin (9)new text end the clerk of the appellate courts appointed under article VI, section 2, of the
Constitution of the state of Minnesota, the state court administrator and judicial district
administrators;
deleted text begin (11)deleted text end new text begin (10)new text end the chief executive officers of correctional facilities operated by the Department
of Corrections and of hospitals and nursing homes operated by the Department of Human
Services;
deleted text begin (12)deleted text end new text begin (11)new text end an employee whose principal employment is at the state ceremonial house;
deleted text begin (13)deleted text end new text begin (12)new text end an employee of the Agricultural Utilization Research Institute;
deleted text begin (14)deleted text end new text begin (13)new text end an employee of the State Lottery who is covered by the managerial plan
established under section 43A.18, subdivision 3;
deleted text begin (15)deleted text end new text begin (14)new text end a judge who has exceeded the service credit limit in section 490.121, subdivision
22;
deleted text begin (16)deleted text end new text begin (15)new text end an employee of Enterprise Minnesota, Inc.;
deleted text begin (17)deleted text end new text begin (16)new text end a person employed by the Minnesota State Colleges and Universities as faculty
or in an eligible unclassified administrative position as defined in section 354B.20,
subdivision 6, who was employed by the former state university or the former community
college system before May 1, 1995, and elected unclassified program coverage prior to May
1, 1995; and
deleted text begin (18)deleted text end new text begin (17)new text end a person employed by the Minnesota State Colleges and Universities who was
employed in state service before July 1, 1995, who subsequently is employed in an eligible
unclassified administrative position as defined in section 354B.20, subdivision 6, and who
elects coverage by the unclassified program.
Sec. 63.
Minnesota Statutes 2020, section 353.64, subdivision 7a, is amended to read:
Subd. 7a.
Pension coverage for certain metropolitan transit police officers.
A person
who is employed as a police officer by the Metropolitan Council new text begin before July 1, 2023, new text end and
who is not eligible for coverage under the agreement with the Secretary of the federal
Department of Health and Human Services making the provisions of the federal Old Age,
Survivors, and Disability Insurance Act because the person's position is excluded from
application under United States Code, sections 418(d)(5)(A) and 418(d)(8)(D), and under
section 355.07, is a member of the public employees police and fire fund and is considered
to be a police officer within the meaning of this section. The Metropolitan Council shall
deduct the employee contribution from the salary of each police officer as required by
section 353.65, subdivision 2, shall make the employer contribution for each police officer
as required by section 353.65, subdivision 3, and shall meet the employer recording and
reporting requirements in section 353.65, subdivision 4.
Sec. 64.
Minnesota Statutes 2020, section 363A.44, subdivision 1, is amended to read:
Subdivision 1.
Scope.
(a) No department, agency of the state, deleted text begin the Metropolitan Council,deleted text end
or deleted text begin andeleted text end agency subject to section 473.143, subdivision 1, shall execute a contract for goods
or services or an agreement for goods or services in excess of $500,000 with a business that
has 40 or more full-time employees in this state or a state where the business has its primary
place of business on a single day during the prior 12 months, unless the business has an
equal pay certificate or it has certified in writing that it is exempt. A certificate is valid for
four years.
(b) An agency that uses state money to pay for part or all of a capital project is subject
to and must comply with the restrictions in this section for contracts exceeding $500,000.
A political subdivision that uses state money to pay for part or all of a capital project is
subject to and must comply with the restrictions in this section for contracts exceeding
$1,000,000. For purposes of this paragraph, "agency," "political subdivision," "capital
project," and "state money" have the meanings given in section 363A.36, subdivision 1a.
This paragraph applies to a capital project or discrete phase of a capital project for which
state money has been appropriated on or after January 1, 2022.
(c) This section does not apply to a business with respect to a specific contract if the
commissioner of administration determines that application of this section would cause
undue hardship to the contracting entity. This section does not apply to a contract to provide
goods and services to individuals under chapters 43A, 62A, 62C, 62D, 62E, 256B, 256I,
256L, and 268A, with a business that has a license, certification, registration, provider
agreement, or provider enrollment contract that is prerequisite to providing those goods and
services. This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 352.965, subdivision 4.
Sec. 65.
Minnesota Statutes 2020, section 373.40, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For purposes of this section, the following terms have the
meanings given.
(a) "Bonds" means an obligation as defined under section 475.51.
(b) "Capital improvement" means acquisition or betterment of public lands, buildings,
or other improvements within the county for the purpose of a county courthouse,
administrative building, health or social service facility, correctional facility, jail, law
enforcement center, hospital, morgue, library, park, qualified indoor ice arena, roads and
bridges, public works facilities, fairground buildings, and records and data storage facilities,
and the acquisition of development rights in the form of conservation easements under
chapter 84C. An improvement must have an expected useful life of five years or more to
qualify. "Capital improvement" does not include a recreation or sports facility building
(such as, but not limited to, a gymnasium, ice arena, racquet sports facility, swimming pool,
exercise room or health spa), unless the building is part of an outdoor park facility and is
incidental to the primary purpose of outdoor recreation. For purposes of this section, "capital
improvement" includes expenditures for purposes described in this paragraph that have
been incurred by a county before approval of a capital improvement plan, if such expenditures
are included in a capital improvement plan approved on or before the date of the public
hearing under subdivision 2 regarding issuance of bonds for such expenditures.
(c) "Metropolitan county" means a county located in the seven-county metropolitan area
as defined in section 473.121 or a county with a population of 90,000 or more.
(d) "Population" means the population established by the most recent of the following
(determined as of the date the resolution authorizing the bonds was adopted):
(1) the federal decennial census,
(2) a special census conducted under contract by the United States Bureau of the Census,
or
(3) a population estimate made deleted text begin either by the Metropolitan Council ordeleted text end by the state
demographer under section 4A.02.
(e) "Qualified indoor ice arena" means a facility that meets the requirements of section
373.43.
Sec. 66.
Minnesota Statutes 2020, section 383A.81, subdivision 3, is amended to read:
Subd. 3.
Matching funds.
In expending funds under this section, the county shall seek
matching funds from contamination cleanup funds administered by the commissioner of
the Department of Employment and Economic Development, deleted text begin the Metropolitan Council,
deleted text end the federal government, the private sector, and any other source.
Sec. 67.
Minnesota Statutes 2020, section 383B.81, subdivision 3, is amended to read:
Subd. 3.
Matching funds.
In expending funds under this section the county shall seek
matching funds from contamination cleanup funds administered by the commissioners of
the Department of Employment and Economic Development, deleted text begin the Metropolitan Council,deleted text end
the federal government, the private sector and any other source.
Sec. 68.
Minnesota Statutes 2020, section 398A.04, subdivision 1, is amended to read:
Subdivision 1.
General.
An authority may exercise all the powers necessary or desirable
to implement the powers specifically granted in this section, and in exercising the powers
is deemed to be performing an essential governmental function and exercising a part of the
sovereign power of the state, and is a local government unit and political subdivision of the
state. Without limiting the generality of the foregoing, the authority may:
(1) sue and be sued, have a seal, which may but need not be affixed to documents as
directed by the board, make and perform contracts, and have perpetual succession;
(2) acquire real and personal property within or outside its taxing jurisdiction, by
purchase, gift, devise, condemnation, conditional sale, lease, lease purchase, or otherwise;
or for purposes, including the facilitation of an economic development project pursuant to
section 383B.81 or 469.091 or 469.175, subdivision 7, that also improve rail service;
(3) hold, manage, control, sell, convey, lease, mortgage, or otherwise dispose of real or
personal property; and
(4) make grants or otherwise appropriate funds to the Department of Transportationdeleted text begin , the
Metropolitan Council,deleted text end or any other state or local governmental unit for the purposes described
in subdivision 2 with respect to railroad facilities located or to be located within the
authority's jurisdiction, whether or not the facilities will be acquired, constructed, owned,
or operated by the authority.
Sec. 69.
Minnesota Statutes 2020, section 398A.04, subdivision 2a, is amended to read:
Subd. 2a.
Bus rapid transit development.
A regional rail authority may exercise the
powers conferred under this section to: plan, establish, acquire, develop, purchase, enlarge,
extend, improve, maintain, equip, regulate, and protect; and pay costs of construction and
operation of a bus rapid transit system located within its county on transitways deleted text begin included in
and approved by the Metropolitan Council's 2030 Transportation Policy Plandeleted text end . This
subdivision applies only to the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
Sec. 70.
Minnesota Statutes 2020, section 414.02, subdivision 3, is amended to read:
Subd. 3.
Relevant factors, order.
(a) In arriving at a decision, the chief administrative
law judge shall consider the following factors:
(1) present population and number of households, past population and projected
population growth for the subject area;
(2) quantity of land within the subject area; the natural terrain including recognizable
physical features, general topography, major watersheds, soil conditions and such natural
features as rivers, lakes and major bluffs;
(3) present pattern of physical development, planning, and intended land uses in the
subject area including residential, industrial, commercial, agricultural, and institutional land
uses and the impact of the proposed action on those uses;
(4) the present transportation network and potential transportation issues, including
proposed highway development;
(5) land use controls and planning presently being utilized in the subject areadeleted text begin , deleted text end deleted text begin including
comprehensive plans, policies of the Metropolitan Council;deleted text end and whether there are
inconsistencies between proposed development and existing land use controls;
(6) existing levels of governmental services being provided to the subject area, including
water and sewer service, fire rating and protection, law enforcement, street improvements
and maintenance, administrative services, and recreational facilities and the impact of the
proposed action on the delivery of the services;
(7) existing or potential environmental problems and whether the proposed action is
likely to improve or resolve these problems;
(8) fiscal impact on the subject area and adjacent units of local government, including
present bonded indebtedness; local tax rates of the county, school district, and other
governmental units, including, where applicable, the net tax capacity of platted and unplatted
lands and the division of homestead and nonhomestead property; and other tax and
governmental aid issues;
(9) relationship and effect of the proposed action on affected and adjacent school districts
and communities;
(10) whether delivery of services to the subject area can be adequately and economically
delivered by the existing government;
(11) analysis of whether necessary governmental services can best be provided through
the proposed action or another type of boundary adjustment;
(12) degree of contiguity of the boundaries of the subject area and adjacent units of local
government; and
(13) analysis of the applicability of the State Building Code.
(b) Based upon these factors, the chief administrative law judge may order the
incorporation on finding that:
(1) the property to be incorporated is now, or is about to become, urban or suburban in
character; or
(2) that the existing township form of government is not adequate to protect the public
health, safety, and welfare; or
(3) the proposed incorporation would be in the best interests of the area under
consideration.
(c) The chief administrative law judge may deny the incorporation if the area, or a part
thereof, would be better served by annexation to an adjacent municipality.
(d) The chief administrative law judge may alter the boundaries of the proposed
incorporation by increasing or decreasing the area to be incorporated so as to include only
that property which is now, or is about to become, urban or suburban in character, or may
exclude property that may be better served by another unit of government. The chief
administrative law judge may also alter the boundaries of the proposed incorporation so as
to follow visible, clearly recognizable physical features for municipal boundaries.
(e) In all cases, the chief administrative law judge shall set forth the factors which are
the basis for the decision.
(f) Notwithstanding any other provision of law to the contrary relating to the number of
wards which may be established, the chief administrative law judge may provide for election
of council members by wards, not less than three nor more than seven in number, whose
limits are prescribed in the chief administrative law judge's order upon a finding that area
representation is required to accord proper representation in the proposed incorporated area
because of uneven population density in different parts thereof or the existence of agricultural
lands therein which are in the path of suburban development, but after four years from the
effective date of an incorporation the council of the municipality may by resolution adopted
by a four-fifths vote abolish the ward system and provide for the election of all council
members at large as in other municipalities.
(g) The chief administrative law judge's order for incorporation shall provide for the
election of municipal officers in accordance with section 414.09. The plan of government
shall be "Optional Plan A", provided that an alternate plan may be adopted pursuant to
section 412.551, at any time.
(h) The ordinances of the township in which the new municipality is located shall continue
in effect until repealed by the governing body of the new municipality.
Sec. 71.
Minnesota Statutes 2020, section 414.031, subdivision 4, is amended to read:
Subd. 4.
Relevant factors, order.
(a) In arriving at a decision, the presiding
administrative law judge shall consider the following sources and factors:
(1) recordings and public documents from joint informational meetings under section
414.0333 relevant to other factors listed in this subdivision;
(2) present population and number of households, past population and projected
population growth of the annexing municipality and subject area and adjacent units of local
government;
(3) quantity of land within the subject area and adjacent units of local government; and
natural terrain including recognizable physical features, general topography, major
watersheds, soil conditions and such natural features as rivers, lakes and major bluffs;
(4) degree of contiguity of the boundaries between the annexing municipality and the
subject area;
(5) present pattern of physical development, planning, and intended land uses in the
subject area and the annexing municipality including residential, industrial, commercial,
agricultural and institutional land uses and the impact of the proposed action on those land
uses;
(6) the present transportation network and potential transportation issues, including
proposed highway development;
(7) land use controls and planning presently being utilized in the annexing municipality
and the subject area, including comprehensive plans for development in the area deleted text begin and plans
and policies of the Metropolitan Council,deleted text end and whether there are inconsistencies between
proposed development and existing land use controls and the reasons therefore;
(8) existing levels of governmental services being provided in the annexing municipality
and the subject area, including water and sewer service, fire rating and protection, law
enforcement, street improvements and maintenance, administrative services, and recreational
facilities and the impact of the proposed action on the delivery of said services;
(9) the implementation of previous annexation agreements and orders;
(10) existing or potential environmental problems and whether the proposed action is
likely to improve or resolve these problems;
(11) plans and programs by the annexing municipality for providing needed and enhanced
governmental services to the subject area in a cost-effective and feasible manner within a
reasonable time from the date of the annexation;
(12) an analysis of the fiscal impact on the annexing municipality, the subject area, and
adjacent units of local government, including net tax capacity and the present bonded
indebtedness, and the local tax rates of the county, school district, and township;
(13) relationship and effect of the proposed action on affected and adjacent school
districts and communities;
(14) adequacy of town government to deliver services to the subject area;
(15) analysis of whether necessary governmental services can best be provided through
the proposed action or another type of boundary adjustment;
(16) if only a part of a township is annexed, the ability of the remainder of the township
to continue or the feasibility of it being incorporated separately or being annexed to another
municipality; and
(17) information received by the presiding administrative law judge from the tour required
under subdivision 3a.
(b) Based upon the factors, the presiding administrative law judge may order the
annexation on finding:
(1) that the subject area is now, or is about to become, urban or suburban in character;
(2) that municipal government in the area proposed for annexation is required to protect
the public health, safety, and welfare; or
(3) that the annexation would be in the best interest of the subject area.
(c) If only a part of a township is to be annexed, the presiding administrative law judge
shall consider whether the remainder of the township can continue to carry on the functions
of government without undue hardship.
(d) The presiding administrative law judge shall deny the annexation on finding that the
increase in revenues for the annexing municipality bears no reasonable relation to the
monetary value of benefits conferred upon the annexed area.
(e) The presiding administrative law judge may deny the annexation on finding:
(1) that annexation of all or a part of the property to an adjacent municipality would
better serve the interests of the residents of the property; or
(2) that the remainder of the township would suffer undue hardship.
(f) The presiding administrative law judge may alter the boundaries of the area to be
annexed by increasing or decreasing the area so as to include only that property which is
now or is about to become urban or suburban in character or to add property of such character
abutting the area proposed for annexation in order to preserve or improve the symmetry of
the area, or to exclude property that may better be served by another unit of government.
(g) The presiding administrative law judge may also alter the boundaries of the proposed
annexation so as to follow visible, clearly recognizable physical features.
(h) If the presiding administrative law judge determines that part of the area would be
better served by another municipality or township, the presiding administrative law judge
may initiate and approve annexation by conducting further hearings and issuing orders
pursuant to subdivisions 3 and 4.
(i) In all cases, the presiding administrative law judge shall set forth the factors which
are the basis for the decision.
Sec. 72.
Minnesota Statutes 2020, section 462A.04, subdivision 1, is amended to read:
Subdivision 1.
Creation; members.
There is created a public body corporate and politic
to be known as the "Minnesota Housing Finance Agency," which shall perform the
governmental functions and exercise the sovereign powers delegated to it in this chapter in
furtherance of the public policies and purposes declared in section 462A.02. The agency
shall consist of the state auditor and six public members appointed by the governor with
advice and consent of the senate. No more than three public members shall reside in the
new text begin metropolitan new text end area deleted text begin of jurisdiction of the Metropolitan Councildeleted text end as deleted text begin provided deleted text end new text begin defined new text end in section
deleted text begin 473.123, subdivision 1deleted text end new text begin 473.121, subdivision 2new text end , and no more than one public member shall
reside in any one of the development regions established under the provisions of sections
462.381 to 462.396. Each member shall hold office until a successor has been appointed
and has qualified. A certificate of appointment or reappointment of any member shall be
conclusive evidence of the due and proper appointment of the member.
Sec. 73.
Minnesota Statutes 2020, section 462A.07, subdivision 11, is amended to read:
Subd. 11.
Cooperative relationships.
It may establish cooperative relationships with
such regional county and multicounty housing authorities as may be established, deleted text begin including
the Metropolitan Council,deleted text end and may develop priorities for the utilization of agency resources
and assistance within a region in cooperation with regional county and multicounty housing
authorities.
Sec. 74.
Minnesota Statutes 2020, section 462A.222, subdivision 4, is amended to read:
Subd. 4.
Distribution plan.
(a) By October 1, 1990, the Metropolitan Council, in
consultation with the agency and representatives of local government and housing and
redevelopment authorities, shall develop and submit to the agency a plan for allocating tax
credits in 1991 and thereafter in the metropolitan area, based on regional housing needs and
priorities. The agency may amend the distribution plan after consultation with deleted text begin the
Metropolitan Council,deleted text end representatives of local governments, and housing and redevelopment
authorities.
(b) By October 1, 1990, the agency, in consultation with representatives of local
government and housing and redevelopment authorities, shall develop a plan for allocating
tax credits in 1991 and thereafter in greater Minnesota, based on regional housing needs
and priorities. The agency may amend the distribution plan after consultation with
representatives of local governments and housing and redevelopment authorities.
(c) In preparing the distribution plans, the deleted text begin Metropolitan Council and thedeleted text end agency shall
estimate the number of households in the metropolitan area and in greater Minnesota,
respectively, who are paying more than 50 percent of their income for rent and the cost of
providing sufficient rental or other assistance so that no household pays more than 50 percent
of its income for rent. In addition, the deleted text begin Metropolitan Council and thedeleted text end agency shall identify
the nature and scope of existing programs which primarily serve families at 60 percent of
the median income and individuals at 30 percent of the median income.
Sec. 75.
Minnesota Statutes 2020, section 462C.04, subdivision 2, is amended to read:
Subd. 2.
Program review.
A public hearing shall be held on each program after one
publication of notice in a newspaper circulating generally in the city, at least 15 days before
the hearing. On or before the day on which notice of the public hearing is published, the
city shall submit the program to the deleted text begin metropolitan council, if the city is located in the
metropolitan area as defined in section 473.121, subdivision 2, or to the deleted text end regional development
commission for the area in which the city is located, if any, for review and comment. The
deleted text begin appropriatedeleted text end reviewing agency shall comment on:
(a) whether the program furthers local and regional housing policies and is consistent
with the Metropolitan Development Guide, if the city is located in the metropolitan area,
or adopted policies of the regional development commission; and
(b) the compatibility of the program with the housing portion of the comprehensive plan
of the city, if any.
Review of the program may be conducted either by the board of the reviewing agency
or by the staff of the agency. Any comment submitted by the reviewing agency to the city
must be presented to the body considering the proposed program at the public hearing held
on the program.
A member or employee of the reviewing agency shall be permitted to present the
comments of the reviewing agency at the public hearing. After conducting the public hearing,
the program may be adopted with or without amendment, provided that any amendments
must not be inconsistent with the comments, if any, of the reviewing agency and must not
contain any material changes from the program submitted to the reviewing agency other
than changes in the financial aspects of any proposed issue of bonds or obligations. If any
material change other than a change in the financial aspects of a proposed issue of bonds
or obligations, or any change which is inconsistent with the comments of the reviewing
agency is adopted, the amended program shall be resubmitted to the deleted text begin appropriate deleted text end reviewing
agency for review and comment, and a public hearing shall be held on the amended program
after one publication of notice in a newspaper circulating generally in the city at least 15
days before the hearing. The amended program shall be considered after the public hearing
in the same manner as consideration of the initial program.
Sec. 76.
Minnesota Statutes 2020, section 462C.071, subdivision 2, is amended to read:
Subd. 2.
Limitation; origination period.
During the first ten months of an origination
period, a city may make loans financed with proceeds of mortgage bonds for the purchase
of existing housing. Loans financed with the proceeds of mortgage bonds for new housing
in the metropolitan area may be made during the first ten months of an origination period
only if at least one of the following conditions is met:
(1) the new housing is located in a redevelopment area;
(2) the new housing is replacing a structurally substandard structure or structures;
(3) the new housing is located on a parcel purchased by the city or conveyed to the city
under section 282.01, subdivision 1;new text begin or
new text end
(4) the new housing is part of a housing affordability initiative, other than those financed
with the proceeds from the sale of bonds, in which federal, state, or local assistance is used
to substantially improve the terms of the financing or to substantially write down the purchase
price of the new housingdeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(5) the new housing is located in a city that has entered into a housing affordability
agreement with the metropolitan council.
deleted text end
Upon expiration of the first ten-month period, a city may make loans financed with the
proceeds of mortgage bonds for the purchase of new and existing housing.
Sec. 77.
Minnesota Statutes 2020, section 465.82, subdivision 1, is amended to read:
Subdivision 1.
Adoption and state agency review.
Each governing body that proposes
to take part in a combination under sections 465.81 to 465.86 must by resolution adopt a
plan for cooperation and combination. The plan must address each item in this section. The
plan must be specific for any item that will occur within three years and may be general or
set forth alternative proposals for an item that will occur more than three years in the future.
deleted text begin For a metropolitan area local government unit, the plan must be submitted to the Metropolitan
Council for review and comment. The council may point out any resources or technical
assistance it may be able to provide a governing body submitting a plan under this
subdivision. Significant modifications and specific resolutions of items must be submitted
to the council, if appropriate, for review and comment.deleted text end In the official newspaper of each
local government unit proposing to take part in the combination, the governing body shall
publish at least a summary of the adopted plansdeleted text begin ,deleted text end new text begin andnew text end each significant modification and
resolution of itemsdeleted text begin , and, if appropriate, the results of each council review and commentdeleted text end . If
a territory of a unit is to be apportioned between or among two or more units contiguous to
the unit that is to be apportioned, the plan must specify the area that will become a part of
each remaining unit.
Sec. 78.
Minnesota Statutes 2020, section 469.174, subdivision 26, is amended to read:
Subd. 26.
Population.
"Population" means the population established as of December
31 by the most recent of the following:
(1) the federal census;
(2) a special census conducted under contract with the United States Bureau of the
Census;new text begin and
new text end
deleted text begin
(3) a population estimate made by the Metropolitan Council; and
deleted text end
deleted text begin (4)deleted text end new text begin (3) new text end a population estimate made by the state demographer under section 4A.02.
The population so established applies to the following calendar year.
Sec. 79.
Minnesota Statutes 2020, section 469.351, subdivision 2, is amended to read:
Subd. 2.
Designation of transit improvement areas.
A transit improvement area must
increase the effectiveness of a transit project by incorporating one or more public transit
modes with commercial, residential, or mixed-use development and by providing for safe
and pedestrian-friendly use. The commissioner, in consultation with affected state and
regional agencies, must designate transit improvement areas that meet the objectives under
this subdivision. Affected state and regional agencies include, but are not limited to, the
Minnesota Department of Transportationdeleted text begin ,deleted text end new text begin and new text end the Minnesota Housing Finance Agencydeleted text begin , and
the Metropolitan Council for transit improvement areas located in the seven-county
metropolitan regiondeleted text end . To be eligible for designation, an applicant must submit a transit area
improvement plan according to the requirements and timelines established by the
commissioner. At a minimum, the plan must include the information specified under
subdivision 3. The commissioner may modify an applicant's plan to better achieve the
objectives of transit improvement areas. The commissioner must notify applicants of the
designations and must provide a statement of any changes to an applicant's plan with
justification for all changes.
Sec. 80.
Minnesota Statutes 2020, section 471.425, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purposes of this section, the following terms have
the meanings here given them.
(a) "Contract" means any written legal document or documents signed by both parties
in which the terms and conditions of any interest or other penalty for late payments are
clearly stated.
(b) "Date of receipt" means the completed delivery of the goods or services or the
satisfactory installation, assembly or specified portion thereof, or the receipt of the invoice
for the delivery of the goods or services, whichever is later.
(c) "Governing board" means the elected or appointed board of the municipality and
includes, but is not limited to, city councils, town boards and county boards.
(d) "Municipality" means any home rule charter or statutory city, county, town, school
district, political subdivision or agency of local government. "Municipality" means deleted text begin the
Metropolitan Council or any board ordeleted text end new text begin an new text end agency created under chapter 473.
Sec. 81.
Minnesota Statutes 2020, section 471.9997, is amended to read:
471.9997 FEDERALLY ASSISTED RENTAL HOUSING; IMPACT STATEMENT.
At least 12 months before termination of participation in a federally assisted rental
housing program, including project-based Section 8 and Section 236 rental housing, the
owner of the federally assisted rental housing must submit a statement regarding the impact
of termination on the residents of the rental housing to the governing body of the local
government unit in which the housing is located. The impact statement must identify the
number of units that will no longer be subject to rent restrictions imposed by the federal
program, the estimated rents that will be charged as compared to rents charged under the
federal program, and actions the owner will take to assist displaced tenants in obtaining
other housing. A copy of the impact statement must be provided to each resident of the
affected buildingdeleted text begin ,deleted text end new text begin and to new text end the Minnesota Housing Finance Agencydeleted text begin , and, if the property is
located in the metropolitan area as defined in section 473.121, subdivision 2, the Metropolitan
Councildeleted text end .
Sec. 82.
Minnesota Statutes 2020, section 473.121, subdivision 2, is amended to read:
Subd. 2.
Metropolitan area or area.
"Metropolitan area" or "area" means the area deleted text begin over
which the Metropolitan Council has jurisdiction,deleted text end including only the counties of Anoka;
Carver; Dakota excluding the cities of Northfield and Cannon Falls; Hennepin excluding
the cities of Hanover and Rockford; Ramsey; Scott excluding the city of New Prague; and
Washington.
Sec. 83.
Minnesota Statutes 2020, section 473.142, is amended to read:
473.142 SMALL BUSINESSES.
(a) The deleted text begin Metropolitan Council anddeleted text end agencies specified in section 473.143, subdivision 1,
may award up to a six percent preference in the amount bid for specified goods or services
to small targeted group businesses and veteran-owned small businesses designated under
section 16C.16.
(b) deleted text begin The council anddeleted text end Each agency specified in section 473.143, subdivision 1, may
designate a purchase of goods or services for award only to small targeted group businesses
designated under section 16C.16 if the deleted text begin council ordeleted text end agency determines that at least three small
targeted group businesses are likely to bid. deleted text begin The council anddeleted text end Each agency specified in section
473.143, subdivision 1, may designate a purchase of goods or services for award only to
veteran-owned small businesses designated under section 16C.16 if the deleted text begin council or deleted text end agency
determines that at least three veteran-owned small businesses are likely to bid.
(c) deleted text begin The council anddeleted text end Each agency specified in section 473.143, subdivision 1, as a
condition of awarding a construction contract or approving a contract for consultant,
professional, or technical services, may set goals that require the prime contractor to
subcontract a portion of the contract to small targeted group businesses and veteran-owned
small businesses designated under section 16C.16. The deleted text begin council ordeleted text end agency must establish a
procedure for granting waivers from the subcontracting requirement when qualified small
targeted group businesses and veteran-owned small businesses are not reasonably available.
The deleted text begin council ordeleted text end agency may establish financial incentives for prime contractors who exceed
the goals for use of subcontractors and financial penalties for prime contractors who fail to
meet goals under this paragraph. The subcontracting requirements of this paragraph do not
apply to prime contractors who are small targeted group businesses and veteran-owned
small businesses. At least 75 percent of the value of the subcontracts awarded to small
targeted group businesses under this paragraph must be performed by the business to which
the subcontract is awarded or by another small targeted group business. At least 75 percent
of the value of the subcontracts awarded to veteran-owned small businesses under this
paragraph must be performed by the business to which the subcontract is awarded or another
veteran-owned small business.
(d) deleted text begin The council anddeleted text end Each agency listed in section 473.143, subdivision 1, deleted text begin aredeleted text end new text begin is
new text end encouraged to purchase from small targeted group businesses and veteran-owned small
businesses designated under section 16C.16 when making purchases that are not subject to
competitive bidding procedures.
(e) deleted text begin The council anddeleted text end Each agency may adopt rules to implement this section.
(f) Each deleted text begin council ordeleted text end agency contract must require the prime contractor to pay any
subcontractor within ten days of the prime contractor's receipt of payment from the deleted text begin council
ordeleted text end agency for undisputed services provided by the subcontractor. The contract must require
the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to
the subcontractor on any undisputed amount not paid on time to the subcontractor. The
minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty
due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
penalties from a prime contractor must be awarded its costs and disbursements, including
attorney fees, incurred in bringing the action.
(g) This section does not apply to procurement financed in whole or in part with federal
funds if the procurement is subject to federal disadvantaged, minority, or women business
enterprise regulations. deleted text begin The council anddeleted text end Each agency shall report to the commissioner of
administration on compliance with this section. The information must be reported at the
time and in the manner requested by the commissioner.
Sec. 84.
Minnesota Statutes 2020, section 473.1425, is amended to read:
473.1425 WORKING CAPITAL FUND.
deleted text begin The Metropolitan Council ordeleted text end A metropolitan agency defined in section 473.121,
subdivision 5a, to the extent allowed by other law or contract, may grant available money
that has been appropriated for socially or economically disadvantaged business programs
to a guaranty fund administered by a nonprofit organization that makes or guarantees working
capital loans to businesses owned and operated by socially or economically disadvantaged
persons as defined in Code of Federal Regulations, title 49, section 23.5. The purpose of
loans made or guaranteed by the organization must be to provide short-term working capital
to enable eligible businesses to be awarded contracts for goods and services or for
construction related services from government agencies.
Sec. 85.
Minnesota Statutes 2020, section 473.143, is amended to read:
473.143 AFFIRMATIVE ACTION PLANS.
Subdivision 1.
Application.
For purposes of this section, "agency" means a metropolitan
agency as defined in section 473.121, except the Metropolitan Parks and Open Space
Commission. Agency also means the Metropolitan Mosquito Control Commission. For
purposes of this section, "commissioner" means the commissioner of the state Department
of Management and Budget.
Subd. 2.
Development and contents.
deleted text begin The council anddeleted text end Each agency shall develop an
affirmative action plan and submit its plan to the commissioner for approval. The
commissioner may not approve a plan unless the commissioner determines that it will be
effective in assuring that employment positions are equally accessible to all qualified persons,
in eliminating the underutilization of qualified members of protected groups, in providing
a supportive work environment to all employees, regardless of race, religion, sex, national
origin, or disability, and in dealing with discrimination complaints. For purposes of this
section, "protected group" has the meaning given it in section 43A.02, subdivision 33. A
plan must contain at least the elements required in this subdivision.
(a) It must identify protected groups that are underrepresented in the deleted text begin council's or deleted text end agency's
work force.
(b) It must designate a person responsible for directing and implementing the affirmative
action program and assign the specific responsibilities and duties of that person. The person
responsible for implementing the program shall report directly to the deleted text begin council's ordeleted text end agency's
chief operating officer regarding the person's affirmative action duties. The person responsible
for the affirmative action program shall review examination and other selection criteria to
assure compliance with law. This person shall be involved in the filling of all vacancies in
the deleted text begin council ordeleted text end agency work force, to the extent necessary to facilitate attainment of affirmative
action goals.
(c) It must describe the methods by which the plan will be communicated to employees
and to other persons.
(d) It must describe methods for recruiting members of protected groups. These methods
may include internship programs, cooperation with union apprenticeship programs, and
other steps necessary to expand the number of protected group members in applicant pools.
(e) It must describe internal procedures in accordance with this paragraph for processing
complaints of alleged discrimination from job applicants and employees. The procedures
must provide for an initial determination of whether the complaint is properly a discrimination
complaint subject to the procedure under the affirmative action plan. Complaints filed under
the discrimination procedures that allege reprisals against an employee for opposing a
forbidden practice or for filing a charge, testifying, or participating in an investigation,
proceeding, or hearing relating to a forbidden practice are appealable to the chief operating
officer of the deleted text begin council ordeleted text end agency. Procedures under this paragraph must be distinct from any
procedures available under a union contract or personnel policy for nondiscrimination
complaints. Use of procedures developed under this paragraph is not a prerequisite to filing
charges with a governmental enforcement agency, nor does it limit a person's right to file
these charges.
(f) It must set goals and timetables to eliminate underutilization of members of each
protected group in the deleted text begin council ordeleted text end agency work force.
(g) It must provide a plan for retaining and promoting protected group members in the
deleted text begin council ordeleted text end agency work force. This plan should encourage training opportunities for protected
group members, to the extent necessary to eliminate underutilization in specific parts of the
work force.
(h) It must describe methods of auditing, evaluating, and reporting program success,
including a procedure that requires a preemployment review of all hiring decisions for
occupational groups with unmet affirmative action goals.
(i) It must provide for training of management and supervisory personnel in
implementation of the plan and in dealing with alleged acts of discrimination in the
workplace.
(j) It must provide for periodic surveying of the deleted text begin council ordeleted text end agency work force to determine
employee attitudes toward implementation of the plan.
(k) It must provide for creation of an employee committee to advise on implementation
of the plan and on any changes needed in the plan.
Subd. 3.
Harassment.
deleted text begin The council anddeleted text end Each agency shall adopt written policies
forbidding harassment based on sex, disability, or race in their workplaces and establishing
implementation plans and grievance procedures to deal with complaints of harassment based
on sex, disability, or race.
Subd. 4.
Performance evaluation.
The evaluation of the performance of each supervisory
and managerial employee of the deleted text begin council and thedeleted text end agencies must include evaluation of the
person's performance in implementing the deleted text begin council's ordeleted text end agency's affirmative action plan and
in preventing forbidden discrimination in the workplace.
Subd. 5.
Report.
By March 1 each year, the commissioner shall report to the legislature
on affirmative action progress of deleted text begin the council and ofdeleted text end each agency. The report must include:
(1) an audit of the record of deleted text begin the council anddeleted text end each agency to determine compliance with
affirmative action goals and to evaluate overall progress in attainment of overall affirmative
action objectives;
(2) if deleted text begin the council ordeleted text end any agency has failed to make satisfactory progress toward its
affirmative action goals, a list of unmet goals and an analysis of why the failure occurred;
(3) a summary of all personnel actions taken by deleted text begin the council anddeleted text end each agency during the
past calendar year, categorized by occupational group, protected group status, and full-time,
part-time, temporary, and seasonal status; and
(4) a summary of discrimination complaints and lawsuits against deleted text begin the council and deleted text end each
agency filed or resolved during the past calendar year, including the basis for the complaints
and lawsuits.
For purposes of this subdivision, "personnel action" means a new hire, promotion,
transfer, demotion, layoff, recall from layoff, suspension with or without pay, letter of
reprimand, involuntary termination, other disciplinary action, and voluntary termination.
deleted text begin The council anddeleted text end Each agency shall report to the commissioner all information that the
commissioner requests to make the report required by this subdivision. In providing this
information, the deleted text begin council anddeleted text end agencies are not required to reveal information that is not public
data under chapter 13.
deleted text begin The council anddeleted text end Each agency shall submit these reports at the time and in the manner
requested by the commissioner. The commissioner shall report to the legislature on the
failure of deleted text begin the council ordeleted text end an agency to file the required report in a timely manner.
Subd. 6.
Coordination.
The commissioner or a designee shall meet with affirmative
action officers of deleted text begin the council anddeleted text end all of the agencies to share successful techniques and
foster innovative means to implement affirmative action plans and eliminate discrimination
in the workplace.
Subd. 7.
Coordination with legislature.
deleted text begin The council anddeleted text end Each agency shall facilitate
legislative oversight of equal opportunity practices by providing the legislature access,
including access to computerized records if compatible systems exist, to public data
maintained by the agency. The deleted text begin council anddeleted text end agencies must not provide access to information
that is not public data as defined in section 13.02, subdivision 8a.
Sec. 86.
Minnesota Statutes 2020, section 473.144, is amended to read:
473.144 CERTIFICATES OF COMPLIANCE FOR CONTRACTS.
(a) For all contracts for goods and services in excess of $100,000, deleted text begin neither the council
nor andeleted text end new text begin no new text end agency listed in section 473.143, subdivision 1, shall accept any bid or proposal
for a contract or agreement from any business having more than 40 full-time employees
within this state on a single working day during the previous 12 months, unless the firm or
business has an affirmative action plan for the employment of minority persons, women,
and qualified disabled individuals submitted to the commissioner of human rights for
approval. deleted text begin Neither the council nor andeleted text end new text begin No new text end agency listed in section 473.143, subdivision 1,
shall execute the contract or agreement until the affirmative action plan has been approved
by the commissioner of human rights. Receipt of a certificate of compliance from the
commissioner of human rights signifies that a business has an approved affirmative action
plan. A certificate is valid for two years. Section 363A.36 governs revocation of certificates.
The rules adopted by the commissioner of human rights under section 363A.37 apply to
this section.
(b) This paragraph applies to a contract for goods or services in excess of $100,000 to
be entered into between deleted text begin the council ordeleted text end an agency listed in section 473.143, subdivision 1,
and a business that is not subject to paragraph (a), but that has more than 40 full-time
employees on a single working day during the previous 12 months in the state where the
business has its primary place of business. The deleted text begin council or thedeleted text end agency may not execute a
contract or agreement with a business covered by this paragraph unless the business has a
certificate of compliance issued by the commissioner under paragraph (a) or the business
certifies to the contracting agency that it is in compliance with federal affirmative action
requirements.
Sec. 87.
Minnesota Statutes 2020, section 473.145, is amended to read:
473.145 DEVELOPMENT GUIDE.
The deleted text begin Metropolitan Councildeleted text end new text begin commissioner of administration new text end 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.
Sec. 88.
Minnesota Statutes 2020, section 473.146, subdivision 1, is amended to read:
Subdivision 1.
Requirement.
The deleted text begin councildeleted text end new text begin commissioner of administration new text end shall adopt
a long-range comprehensive policy plan for transportation and wastewater treatment. The
plans must substantially conform to all policy statements, purposes, goals, standards, and
maps in the development guide deleted text begin developed and adopted by the council deleted text end new text begin required new text end under this
chapter. Each policy plan must include, to the extent appropriate to the functions, services,
and systems covered, the following:
(1) forecasts of changes in the general levels and distribution of population, households,
employment, land uses, and other relevant matters, for the metropolitan area and appropriate
subareas;
(2) a statement of issues, problems, needs, and opportunities with respect to the functions,
services, and systems covered;
(3) a statement of deleted text begin the council'sdeleted text end goals, objectives, and priorities with respect to the
functions, services, and systems covered, addressing areas and populations to be served,
the levels, distribution, and staging of services; a general description of the facility systems
required to support the services; the estimated cost of improvements required to achieve
the deleted text begin council'sdeleted text end goals for the regional systems, including an analysis of what portion of the
funding for each improvement is proposed to come from the state, deleted text begin Metropolitan Council
levies, and deleted text end cities, counties, and towns in the metropolitan area, respectively, and other
similar matters;
(4) a statement of policies to effectuate the deleted text begin council'sdeleted text end goals, objectives, and priorities;
(5) a statement of the fiscal implications of the deleted text begin council'sdeleted text end plan, including a statement of:
(i) the resources available under existing fiscal policy; (ii) the adequacy of resources under
existing fiscal policy and any shortfalls and unattended needs; (iii) additional resources, if
any, that are or may be required to effectuate the deleted text begin council'sdeleted text end new text begin commissioner of administration's
new text end goals, objectives, and priorities; and (iv) any changes in existing fiscal policy, on regional
revenues and intergovernmental aids respectively, that are expected or deleted text begin that the council hasdeleted text end
recommended deleted text begin or may recommenddeleted text end new text begin in the plannew text end ;
(6) a statement of the relationship of the policy plan to other policy plans and chapters
of the deleted text begin Metropolitandeleted text end development guide;new text begin and
new text end
(7) deleted text begin a statement of the relationships to local comprehensive plans prepared under sections
473.851 to 473.871; and
deleted text end
deleted text begin (8)deleted text end additional general information as may be necessary to develop the policy plan or as
may be required by the laws relating to the metropolitan agency and function covered by
the policy plan.
Sec. 89.
Minnesota Statutes 2020, section 473.146, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Development guide;deleted text end Transportation.
The transportation chapter must include
policies relating to all transportation forms and be designed to promote the legislative
determinations, policies, and goals set forth in section 473.371. In addition to the
requirements of subdivision 1 regarding the contents of the policy plan, the nontransit
element of the transportation chapter must include the following:
(1) a statement of the needs and problems of the metropolitan area with respect to the
functions covered, including the present and prospective demand for and constraints on
access to regional business concentrations and other major activity centers and the constraints
on and acceptable levels of development and vehicular trip generation at such centers;
(2) the objectives of and the policies to be forwarded by the policy plan;
(3) a general description of the physical facilities and services to be developed;
(4) a statement as to the general location of physical facilities and service areas;
(5) a general statement of timing and priorities in the development of those physical
facilities and service areas;
(6) a detailed statement, updated every two years, of timing and priorities for
improvements and expenditures needed on the metropolitan highway system;
(7) a general statement on the level of public expenditure appropriate to the facilities;
and
(8) a long-range assessment of air transportation trends and factors that may affect airport
development in the metropolitan area and policies and strategies that will ensure a
comprehensive, coordinated, and timely investigation and evaluation of alternatives for
airport development.
The deleted text begin councildeleted text end new text begin commissioner of administration new text end shall develop the nontransit element in
consultation with the transportation advisory board and the Metropolitan Airports
Commission and cities having an airport located within or adjacent to its corporate
boundariesdeleted text begin . The council shall also takedeleted text end new text begin , takingnew text end into consideration the airport development
and operations plans and activities of the commission. The deleted text begin councildeleted text end new text begin commissioner of
administration new text end shall transmit the results to the deleted text begin statedeleted text end Department of Transportation.
Sec. 90.
Minnesota Statutes 2020, section 473.146, subdivision 4, is amended to read:
Subd. 4.
Transportation planning.
(a) The deleted text begin Metropolitan Council is the designateddeleted text end new text begin
commissioner and affected local governments shall cooperate to designate anew text end planning agency
for any long-range comprehensive transportation planning required by section 134 of the
Federal Highway Act of 1962, Section 4 of Urban Mass Transportation Act of 1964 and
Section 112 of Federal Aid Highway Act of 1973 and other federal transportation laws. The
deleted text begin councildeleted text end new text begin designated planning agencynew text end shall assure administration and coordination of
transportation planning with appropriate state, regional and other agencies, counties, and
municipalities.
(b) The deleted text begin councildeleted text end new text begin designated planning agencynew text end shall establish an advisory body consisting
of citizens and representatives of municipalities, counties, and state agencies in fulfillment
of the planning responsibilities of the deleted text begin councildeleted text end new text begin designated planning agencynew text end . The membership
of the advisory body must consist of:
(1) the commissioner of transportation or the commissioner's designee;
(2) the commissioner of the Pollution Control Agency or the commissioner's designee;
(3) one member of the Metropolitan Airports Commission appointed by the commission;
(4) one person appointed by the deleted text begin councildeleted text end new text begin commissionernew text end to represent nonmotorized
transportation;
(5) one person appointed by the commissioner deleted text begin of transportationdeleted text end to represent the freight
transportation industry;
(6) two persons appointed by the deleted text begin councildeleted text end new text begin commissionernew text end to represent public transit;
(7) ten elected officials of cities within the metropolitan area, including one representative
from each first-class city, appointed by the Association of Metropolitan Municipalities;
(8) one member of the county board of each county in the seven-county metropolitan
area, appointed by the respective county boards;new text begin and
new text end
(9) eight citizens appointed by the deleted text begin councildeleted text end new text begin commissionernew text end , one from each deleted text begin council precinctdeleted text end new text begin
Metropolitan Airports Commission Districtnew text end ;
(10) one elected official from a city participating in the replacement service program
under section 473.388, appointed by the Suburban Transit Associationdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(11) one member of the council, appointed by the council.
deleted text end
(c) The deleted text begin councildeleted text end new text begin designated planning agencynew text end shall appoint a chair from among the members
of the advisory body.
Sec. 91.
Minnesota Statutes 2020, section 473.146, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Consultation with agency; predrafting notice. new text end
new text begin
(a) In preparing or amending
the policy plan, the commissioner of administration shall consult with and make use of the
expertise of the affected metropolitan agency. The agency shall cooperate with the
commissioner and make its records, studies, plans, and other information available to the
commissioner.
new text end
new text begin
(b) Before beginning to prepare a substantial revision of a policy plan, the office shall
publish notice and request comments from the public. At least 90 days before publication
of the predrafting notice, the office shall submit a draft of the notice to the affected
metropolitan agency for review and comment. The predrafting notice must include a
statement of the subjects expected to be covered by the policy and implementation plans;
a summary of important problems, issues, and matters that are expected to be addressed in
the plans; and a summary of the studies and other information required as the basis of the
plans. All interested persons must be afforded an opportunity to submit data or views on
the predrafting notice, either orally or in writing.
new text end
new text begin
(c) Before adopting a policy plan or substantial revision, the commissioner shall submit
the proposed plan to the affected metropolitan agency for its review, and the agency shall
report its comments to the commissioner within 90 days.
new text end
Sec. 92.
Minnesota Statutes 2020, section 473.146, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Hearing; adoption. new text end
new text begin
The office shall hold a public hearing on the proposed
policy plan at a time and place in the metropolitan area determined by the commissioner.
Not less than 15 days before the hearing, the commissioner shall publish notice in a
newspaper or newspapers having general circulation in the metropolitan area, stating the
date, time, and place of hearing, and the place where the proposed policy plan and agency
comments may be examined by any interested person. At any hearing, interested persons
must be permitted to present their views on the policy plan, and the hearing may be continued
from time to time. After receipt of the agency's report and the hearing, the commissioner
may revise the proposed plan giving appropriate consideration to all comments received
and thereafter shall adopt the plan by resolution.
new text end
Sec. 93.
Minnesota Statutes 2020, section 473.146, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Effect. new text end
new text begin
Adopted policy plans must be followed by the office and the affected
metropolitan agency.
new text end
Sec. 94.
Minnesota Statutes 2020, section 473.146, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Amendment. new text end
new text begin
An amendment to a policy plan may be initiated by the
commissioner or by an affected metropolitan agency. At least every five years, the
commissioner shall engage in a comprehensive review of the policy plan and revise the plan
as necessary. The commissioner shall amend a policy plan in accordance with the procedures
established in this section.
new text end
Sec. 95.
Minnesota Statutes 2020, section 473.8011, is amended to read:
473.8011 METROPOLITAN AGENCY RECYCLING GOAL.
By December 31, 1993, deleted text begin the Metropolitan Council,deleted text end each metropolitan agency as defined
in section 473.121, and the Metropolitan Mosquito Control District established in section
473.702 shall recycle at least 40 percent by weight of the solid waste generated by their
offices or other operations. The commissioner shall provide information and technical
assistance to deleted text begin the council,deleted text end agenciesdeleted text begin ,deleted text end and the district to implement effective recycling programs.
By August 1 of each year, deleted text begin the council,deleted text end each agencydeleted text begin ,deleted text end and the district shall submit to the
Pollution Control Agency a report for the previous fiscal year describing recycling rates,
specified by the county in which the deleted text begin council,deleted text end agencydeleted text begin ,deleted text end or operation is located, and progress
toward meeting the recycling goal. The Pollution Control Agency shall incorporate the
recycling rates reported in the respective county's recycling rates for the previous fiscal
year.
If the goal is not met, the deleted text begin council,deleted text end agencydeleted text begin ,deleted text end or district must include in its 1994 report
reasons for not meeting the goal and a plan for meeting it in the future.
Sec. 96.
Minnesota Statutes 2020, section 473.910, subdivision 3, is amended to read:
Subd. 3.
Membership.
The board shall be composed of deleted text begin 13deleted text end new text begin 12 new text end members. Three members
must be appointed by the Minneapolis City Council from among its members; three by the
Hennepin County Board, from among its members; one by the Minneapolis Park Board,
from among its members; deleted text begin one by the Metropolitan Council, from among its members;deleted text end two
members of the public appointed by the Minneapolis City Council; two members of the
public appointed by the Hennepin County Board; and one member appointed by the member
of Congress from the fifth district or the member's designee. The public members must
reside or do business in the affected area.
Sec. 97.
Minnesota Statutes 2020, section 477A.011, subdivision 3, is amended to read:
Subd. 3.
Population.
"Population" means the population estimated or established as of
July 15 in an aid calculation year by the most recent federal census, by a special census
conducted under contract with the United States Bureau of the Census, deleted text begin by a population
estimate made by the Metropolitan Council pursuant to section 473.24,deleted text end or by a population
estimate of the state demographer made pursuant to section 4A.02, whichever is the most
recent as to the stated date of the count or estimate for the preceding calendar year, and
which has been certified to the commissioner of revenue on or before July 15 of the aid
calculation year. The term "per capita" refers to population as defined by this subdivision.
A revision of an estimate or count is effective for these purposes only if it is certified to the
commissioner on or before July 15 of the aid calculation year. Clerical errors in the
certification or use of the estimates and counts established as of July 15 in the aid calculation
year are subject to correction within the time periods allowed under section 477A.014.
Sec. 98.
Minnesota Statutes 2020, section 477A.011, subdivision 38, is amended to read:
Subd. 38.
Household size.
"Household size" means the average number of persons per
household in the jurisdiction as most recently estimated and reported by the state
demographer deleted text begin and Metropolitan Councildeleted text end as of July 15 of the aid calculation year. A revision
to an estimate or enumeration is effective for these purposes only if it is certified to the
commissioner on or before July 15 of the aid calculation year. Clerical errors in the
certification or use of estimates and counts established as of July 15 in the aid calculation
year are subject to correction within the time periods allowed under section 477A.014.
Sec. 99.
Minnesota Statutes 2020, section 477A.0124, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) For the purposes of this section, the following terms have the
meanings given them.
(b) "County program aid" means the sum of "county need aid," "county tax base
equalization aid," and "county transition aid."
(c) "Age-adjusted population" means a county's population multiplied by the county age
index.
(d) "County age index" means the percentage of the population age 65 and over within
the county divided by the percentage of the population age 65 and over within the state,
except that the age index for any county may not be greater than 1.8 nor less than 0.8.
(e) "Population age 65 and over" means the population age 65 and over established as
of July 15 in an aid calculation year by the most recent federal census, by a special census
conducted under contract with the United States Bureau of the Census, deleted text begin by a population
estimate made by the Metropolitan Council,deleted text end or by a population estimate of the state
demographer made pursuant to section 4A.02, whichever is the most recent as to the stated
date of the count or estimate for the preceding calendar year and which has been certified
to the commissioner of revenue on or before July 15 of the aid calculation year. A revision
to an estimate or count is effective for these purposes only if certified to the commissioner
on or before July 15 of the aid calculation year. Clerical errors in the certification or use of
estimates and counts established as of July 15 in the aid calculation year are subject to
correction within the time periods allowed under section 477A.014.
(f) "Part I crimes" means the three-year average annual number of Part I crimes reported
for each county by the Department of Public Safety for the most recent years available. By
July 1 of each year, the commissioner of public safety shall certify to the commissioner of
revenue the number of Part I crimes reported for each county for the three most recent
calendar years available.
(g) "Households receiving Supplemental Nutrition Assistance Program (SNAP) benefits"
means the average monthly number of households receiving SNAP benefits for the three
most recent years for which data is available. By July 1 of each year, the commissioner of
human services must certify to the commissioner of revenue the average monthly number
of households in the state and in each county that receive SNAP benefits, for the three most
recent calendar years available.
(h) "County net tax capacity" means the county's adjusted net tax capacity under section
273.1325.
Sec. 100.
Minnesota Statutes 2020, section 572A.02, subdivision 5, is amended to read:
Subd. 5.
Decision factors.
In disputes brought under this section, the arbitration panel
shall consider the following factors in making a decision:
(1) present population and number of households, past population, and projected
population growth of the subject area and adjacent units of local government;
(2) quantity of land within the subject area and adjacent units of local government; and
natural terrain including recognizable physical features, general topography, major
watersheds, soil conditions, and such natural features as rivers, lakes, and major bluffs;
(3) degree of contiguity of the boundaries between the municipality and the subject area;
(4) present pattern of physical development, planning, and intended land uses in the
subject area and the municipality including residential, industrial, commercial, agricultural,
and institutional land uses and the impact of the proposed action on those land uses;
(5) the present transportation network and potential transportation issues, including
proposed highway development;
(6) land use controls and planning presently being utilized in the municipality and the
subject area, including comprehensive plans for development in the area deleted text begin and plans and
policies of the Metropolitan Councildeleted text end , and whether there are inconsistencies between proposed
development and existing land use controls and the reasons therefore;
(7) existing levels of governmental services being provided in the municipality and the
subject area, including water and sewer service, fire rating and protection, law enforcement,
street improvements and maintenance, administrative services, and recreational facilities
and the impact of the proposed action on the delivery of said services;
(8) existing or potential environmental problems and whether the proposed action is
likely to improve or resolve these problems;
(9) plans and programs by the municipality for providing needed governmental services
to the subject area;
(10) an analysis of the fiscal impact on the municipality, the subject area, and adjacent
units of local government, including net tax capacity and the present bonded indebtedness,
and the local tax rates of the county, school district, and township;
(11) relationship and effect of the proposed action on affected and adjacent school
districts and communities;
(12) adequacy of town government to deliver services to the subject area;
(13) analysis of whether necessary governmental services can best be provided through
the proposed action or another type of boundary adjustment; and
(14) if only a part of a township is annexed, the ability of the remainder of the township
to continue or the feasibility of it being incorporated separately or being annexed to another
municipality.
Any party to the proceeding may present evidence and testimony on any of the above factors
at the hearing on the matter.
Sec. 101.
Minnesota Statutes 2020, section 604B.04, subdivision 7, is amended to read:
Subd. 7.
Governmental unit immunity.
No cause of action may be maintained against
a governmental unit as defined in section 462.384, subdivision 2, including governmental
units acting jointly under section 471.59, for damages or harm resulting from the collection,
publication, or dissemination of year 2000 solution information to other governmental units
or deleted text begin to the Metropolitan Council ordeleted text end new text begin metropolitan new text end agencies.
Sec. 102.
Minnesota Statutes 2020, section 609.2231, subdivision 11, is amended to read:
Subd. 11.
Transit operators.
(a) A person is guilty of a gross misdemeanor if (1) the
person assaults a transit operator, or intentionally throws or otherwise transfers bodily fluids
onto a transit operator; and (2) the transit operator is acting in the course of the operator's
duties and is operating a transit vehicle, aboard a transit vehicle, or otherwise responsible
for a transit vehicle. A person convicted under this paragraph may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both.
(b) For the purposes of this subdivision, "transit operator" means a driver or operator of
a transit vehicle that is used to provide any of the following services:
(1) public transit, as defined in section 174.22, subdivision 7;
(2) light rail transit service;
(3) special transportation service under section 473.386, whether provided by the
deleted text begin Metropolitan Councildeleted text end new text begin Department of Transportation new text end or by other providers under contract
with the deleted text begin councildeleted text end new text begin departmentnew text end ; or
(4) commuter rail service.
Sec. 103.
Minnesota Statutes 2020, section 609.594, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
As used in this section:
(1) "critical public service facility" includes railroad yards and stations, bus stations,
airports, and other mass transit facilities; oil refineries; storage areas or facilities for hazardous
materials, hazardous substances, or hazardous wastes; and bridges;
(2) "pipeline" has the meaning given in section 609.6055, subdivision 1; and
(3) "utility" includes: (i) any organization defined as a utility in section 216C.06,
subdivision 18; (ii) any telecommunications carrier or telephone company regulated under
chapter 237; and (iii) any local utility or enterprise formed for the purpose of providing
electrical or gas heating and power, telephone, water, sewage, wastewater, or other related
utility service, which is owned, controlled, or regulated by a town, a statutory or home rule
charter city, a county, a port development authority, deleted text begin the Metropolitan Council,deleted text end a district
heating authority, a regional commission or other regional government unit, or a combination
of these governmental units.
Sec. 104.
Minnesota Statutes 2020, section 609.6055, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the
meanings given.
(b) "Critical public service facility" includes buildings and other physical structures, and
fenced in or otherwise enclosed property, of railroad yards and stations, bus stations, airports,
and other mass transit facilities; oil refineries; and storage areas or facilities for hazardous
materials, hazardous substances, or hazardous wastes. The term also includes nonpublic
portions of bridges. The term does not include railroad tracks extending beyond a critical
public service facility.
(c) "Pipeline" includes an aboveground pipeline, a belowground pipeline housed in an
underground structure, and any equipment, facility, or building located in this state that is
used to transport natural or synthetic gas, crude petroleum or petroleum fuels or oil or their
derivatives, or hazardous liquids, to or within a distribution, refining, manufacturing, or
storage facility that is located inside or outside of this state. Pipeline does not include service
lines.
(d) "Utility" includes:
(1) any organization defined as a utility in section 216C.06, subdivision 18;
(2) any telecommunications carrier or telephone company regulated under chapter 237;
and
(3) any local utility or enterprise formed for the purpose of providing electrical or gas
heating and power, telephone, water, sewage, wastewater, or other related utility service,
which is owned, controlled, or regulated by a town, a statutory or home rule charter city, a
county, a port development authority, deleted text begin the Metropolitan Council,deleted text end a district heating authority,
a regional commission or other regional government unit, or a combination of these
governmental units.
The term does not include property located above buried power or telecommunications
lines or property located below suspended power or telecommunications lines, unless the
property is fenced in or otherwise enclosed.
(e) "Utility line" includes power, telecommunications, and transmissions lines as well
as related equipment owned or controlled by a utility.
Sec. 105. new text begin BONDS.
new text end
new text begin
Bonds and other debt authorized by any sections of statute affected by this article that
are outstanding on the effective date of this article must be paid and retired according to
those sections and the terms of the bonds or other debt instruments. The auditors of the
metropolitan counties shall see to the administration of this section.
new text end
Sec. 106. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2020, sections 3.8841; 103B.235, subdivision 3a; 238.43,
subdivision 5; 297A.992, subdivision 12; 462.382; 462C.071, subdivision 4; 473.121,
subdivisions 3 and 8; 473.123, subdivisions 1, 2a, 3, 3a, 3e, 4, and 8; 473.125; 473.127;
473.129; 473.1293; 473.132; 473.165; 473.24; 473.242; 473.245; 473.246; 473.249,
subdivisions 1 and 2; 473.25; 473.251; 473.253; 473.254, subdivisions 1, 2, 3a, 4, 5, 6, 7,
8, 9, and 10; 473.255; 473.3875; and 473.915,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, parts 5800.0010; 5800.0020; 5800.0030; 5800.0040; 5800.0050;
5800.0060; 5800.0070; 5800.0080; 5800.0090; 5800.0100; 5800.0110; 5800.0120;
5800.0130; 5800.0140; and 5800.0150,
new text end
new text begin
are repealed.
new text end
Sec. 107. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective July 1, 2022.
new text end
ARTICLE 2
PUBLIC SAFETY RADIO COMMUNICATION
Section 1.
Minnesota Statutes 2020, section 403.30, subdivision 1, is amended to read:
Subdivision 1.
Standing appropriation; costs covered.
The amount necessary to pay
debt service costs and reserves for bonds issued by the Metropolitan Council under section
403.27 new text begin before July 1, 2023, new text end or by the commissioner of management and budget under section
403.275 is appropriated from the 911 emergency telecommunications service account
established under section 403.11 to the commissioner of management and budget. The
commissioner of management and budget shall transmit the necessary amounts to the
deleted text begin Metropolitan Council as requested by the councildeleted text end new text begin auditors of the metropolitan counties as
requested by the auditorsnew text end .
This appropriation shall be used to pay annual debt service costs and reserves for bonds
issued pursuant to section 403.27 or 403.275 prior to use of fee money to pay other costs
or to support other appropriations.
Sec. 2.
Minnesota Statutes 2020, section 403.31, subdivision 4, is amended to read:
Subd. 4.
Powers of government units.
To accomplish any duty imposed on it by the
deleted text begin council ordeleted text end radio board, the governing body of every local government in the metropolitan
area may exercise the powers granted any municipality by chapters 117, 412, 429, and 475
and by sections 115.46, 444.075, and 471.59.
Sec. 3.
Minnesota Statutes 2020, section 403.31, subdivision 5, is amended to read:
Subd. 5.
Deficiency tax levies.
If the governing body of any local government using the
first or second phase system fails to meet any payment to the board under subdivision 1
when due, the deleted text begin Metropolitan Councildeleted text end new text begin local government governing body new text end may certify to the
auditor of the county in which the government unit is located the amount required for
payment of the amount due with interest at six percent per year. The auditor shall levy and
extend the amount due, with interest, as a tax upon all taxable property in the government
unit for the next calendar year, free from any existing limitations imposed by law or charter.
This tax shall be collected in the same manner as the general taxes of the government unit,
and the proceeds of the tax, when collected, shall be paid by the county treasurer to the
board and credited to the government unit for which the tax was levied.
Sec. 4.
Minnesota Statutes 2021 Supplement, section 403.36, subdivision 1, is amended
to read:
Subdivision 1.
Membership.
(a) The commissioner of public safety shall convene and
chair the Statewide Radio Board to develop a project plan for a statewide, shared, trunked
public safety radio communication system. The system may be referred to as "Allied Radio
Matrix for Emergency Response," or "ARMER."
(b) The board consists of the following members or their designees:
(1) the commissioner of public safety;
(2) the commissioner of transportation;
(3) the state chief information officer;
(4) the commissioner of natural resources;
(5) the chief of the Minnesota State Patrol;
deleted text begin
(6) the chair of the Metropolitan Council;
deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end two elected city officials, one from the ten-county metropolitan area and one
from Greater Minnesota, appointed by the governing body of the League of Minnesota
Cities;
deleted text begin (8)deleted text end new text begin (7)new text end two elected county officials, one from the ten-county metropolitan area and one
from Greater Minnesota, appointed by the governing body of the Association of Minnesota
Counties;
deleted text begin (9)deleted text end new text begin (8)new text end two sheriffs, one from the ten-county metropolitan area and one from Greater
Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;
deleted text begin (10)deleted text end new text begin (9)new text end two chiefs of police, one from the ten-county metropolitan area and one from
Greater Minnesota, appointed by the governor after considering recommendations made by
the Minnesota Chiefs' of Police Association;
deleted text begin (11)deleted text end new text begin (10)new text end two fire chiefs, one from the ten-county metropolitan area and one from Greater
Minnesota, appointed by the governor after considering recommendations made by the
Minnesota Fire Chiefs' Association;
deleted text begin (12)deleted text end new text begin (11)new text end two representatives of emergency medical service providers, one from the
ten-county metropolitan area and one from Greater Minnesota, appointed by the governor
after considering recommendations made by the Minnesota Ambulance Association;
deleted text begin (13)deleted text end new text begin (12)new text end the chair of the Metropolitan Emergency Services Board; and
deleted text begin (14)deleted text end new text begin (13)new text end a representative of Greater Minnesota elected by those units of government in
phase three and any subsequent phase of development as defined in the statewide, shared
radio and communication plan, who have submitted a plan to the Statewide Radio Board
and where development has been initiated.
(c) The Statewide Radio Board shall coordinate the appointment of board members
representing Greater Minnesota with the appointing authorities and may designate the
geographic region or regions from which an appointed board member is selected where
necessary to provide representation from throughout the state.
Sec. 5. new text begin BONDS AND CERTIFICATES.
new text end
new text begin
Debt obligations authorized and issued under Minnesota Statutes, section 403.27, before
the effective date of this article must be paid for and retired according to that section and
the terms of those obligations and their bond indentures and trust agreements. The
metropolitan county auditors shall administer this section.
new text end
Sec. 6. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, sections 403.27; 403.29, subdivision 4; and 403.32,
new text end
new text begin
are repealed.
new text end
Sec. 7. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective July 1, 2022.
new text end
ARTICLE 3
FISCAL DISPARITIES
Section 1.
Minnesota Statutes 2020, section 473F.02, subdivision 7, is amended to read:
Subd. 7.
Population.
"Population" means the most recent estimate of the population of
a municipality made by the deleted text begin Metropolitan Council under section 473.24deleted text end new text begin state demographernew text end
and filed with the commissioner of revenue as of July 15 of the year in which a municipality's
distribution net tax capacity is calculated.
Sec. 2.
Minnesota Statutes 2020, section 473F.02, subdivision 8, is amended to read:
Subd. 8.
Municipality.
"Municipality" means a city, town, or township located in whole
or part within the area, but not the cities of New Prague or Northfield. If a municipality is
located partly within and partly without the area, the references in sections 473F.01 to
473F.13 to property or any portion thereof subject to taxation or taxing jurisdiction within
the municipality are to such property or portion thereof as is located in that portion of the
municipality within the area, except that the fiscal capacity of such a municipality shall be
computed upon the basis of the valuation and population of the entire municipality.
A municipality shall be excluded from the area if its municipal comprehensive zoning
and planning policies conscientiously exclude most commercial-industrial development,
for reasons other than preserving an agricultural use. The deleted text begin Metropolitan Council and the
deleted text end new text begin commissioner of administration and the new text end commissioner of revenue shall jointly make this
determination annually and shall notify those municipalities that are ineligible to participate
in the tax base sharing program provided in this chapter for the following year.
Sec. 3.
Minnesota Statutes 2020, section 473F.08, subdivision 3, is amended to read:
Subd. 3.
Apportionment of levy.
The county auditor shall apportion the levy of each
governmental unit in the auditor's county in the manner prescribed by this subdivision. The
auditor shall:
(a) by August 20, determine the areawide portion of the levy for each governmental unit
by multiplying the local tax rate of the governmental unit for the preceding levy year times
the distribution value set forth in subdivision 2, clause (b);
(b) by September 5, determine the local portion of the current year's levy by subtracting
the resulting amount from clause (a) from the governmental unit's current year's levy;new text begin and
new text end
(c) for determinations made under clause (a) in the case of school districts, for taxes
payable in 2002, exclude the general education tax rate and the portion of the referendum
tax rate attributable to the first $415 per pupil unit from the local tax rate for the preceding
levy yeardeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(d) for determinations made under clause (a) in the case of the Metropolitan Council,
for taxes payable in 2002, exclude the transit operating tax rate from the local tax rate for
the preceding levy year; and
deleted text end
deleted text begin
(e) for determinations made under clause (a) in the case of transit opt-out cities, for taxes
payable in 2002, exclude the opt-out transit rate from the local tax rate for the preceding
levy year.
deleted text end
Sec. 4.
Minnesota Statutes 2020, section 473F.08, subdivision 5, is amended to read:
Subd. 5.
Areawide tax rate.
On or before August 25 of each year, the county auditor
shall certify to the administrative auditor that portion of the levy of each governmental unit
determined under subdivisions 3, clause (a), new text begin and new text end 3adeleted text begin , and 3bdeleted text end . The administrative auditor shall
then determine the areawide tax rate sufficient to yield an amount equal to the sum of such
levies from the areawide net tax capacity. On or before September 1 of each year, the
administrative auditor shall certify the areawide tax rate to each of the county auditors.
Sec. 5.
Minnesota Statutes 2020, section 473F.08, subdivision 7a, is amended to read:
Subd. 7a.
Certification of values; payment.
The administrative auditor shall determine
for each county the difference between the total levy on distribution value pursuant to
subdivisions 3, clause (a), new text begin and new text end 3adeleted text begin , and 3b,deleted text end within the county and the total tax on contribution
value pursuant to subdivision 6, within the county. On or before May 16 of each year, the
administrative auditor shall certify the differences so determined to each county auditor. In
addition, the administrative auditor shall certify to those county auditors for whose county
the total tax on contribution value exceeds the total levy on distribution value the settlement
the county is to make to the other counties of the excess of the total tax on contribution
value over the total levy on distribution value in the county. On or before June 15 and
November 15 of each year, each county treasurer in a county having a total tax on
contribution value in excess of the total levy on distribution value shall pay one-half of the
excess to the other counties in accordance with the administrative auditor's certification.
Sec. 6.
Minnesota Statutes 2020, section 473F.13, subdivision 1, is amended to read:
Subdivision 1.
Certification of change in status.
If a municipality is dissolved, is
consolidated with all or part of another municipality, annexes territory, has a portion of its
territory detached from it, or is newly incorporated, the secretary of state shall immediately
certify that fact to the commissioner of revenue. The secretary of state shall also certify to
the commissioner of revenue the current population of the new, enlarged, or successor
municipality, if determined by the chief administrative law judge of the state Office of
Administrative Hearings incident to consolidation, annexation, or incorporation proceedings.
The population so certified shall govern for purposes of sections 473F.01 to 473F.13 until
the deleted text begin Metropolitan Councildeleted text end new text begin state demographer new text end files its first population estimate as of a later
date with the commissioner of revenue. If an annexation of unincorporated land occurs
without proceedings before the chief administrative law judge, the population of the annexing
municipality as previously determined shall continue to govern for purposes of sections
473F.01 to 473F.13 until the deleted text begin Metropolitan Councildeleted text end new text begin state demographer new text end files its first population
estimate as of a later date with the commissioner of revenue.
Sec. 7. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, sections 473F.02, subdivision 21; and 473F.08, subdivision
3b,
new text end
new text begin
are repealed.
new text end
Sec. 8. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective July 1, 2023.
new text end
ARTICLE 4
METROPOLITAN LAND USE PLANNING
Section 1. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, sections 473.175; 473.181, subdivisions 2 and 5; 473.191;
473.206; 473.208; 473.851; 473.852, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10; 473.853;
473.854; 473.856; 473.857; 473.858; 473.859; 473.86; 473.861; 473.862; 473.864; 473.865;
473.866; 473.867, subdivisions 1, 2, 3, 5, and 6; 473.869; 473.87; and 473.871,
new text end
new text begin
are repealed.
new text end
Sec. 2. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective July 1, 2023.
new text end
ARTICLE 5
METROPOLITAN AIRPORTS COMMISSION
Section 1.
Minnesota Statutes 2020, section 473.192, subdivision 2, is amended to read:
Subd. 2.
Definitions.
For purposes of this section, "metropolitan area" has the meaning
given it in section 473.121, subdivision 2. "Transportation policy plan" means the plan
adopted by the deleted text begin Metropolitan Councildeleted text end new text begin commissioner of administration new text end pursuant to section
473.145. "Municipality" has the meaning provided by section 462.352, subdivision 2.
Sec. 2.
Minnesota Statutes 2020, section 473.192, subdivision 3, is amended to read:
Subd. 3.
Ordinance.
A municipality in the metropolitan area that, in part or in whole,
is within the aircraft noise zones designated in the transportation policy plan may adopt and
enforce ordinances and controls to regulate building construction methods and materials
for the purpose of attenuating aircraft noise in habitable buildings in and around the noise
zone. The ordinance or control shall not apply to remodeling or rehabilitating an existing
residential building nor to the construction of an appurtenance to an existing residential
building. An ordinance adopted by a municipality must be adequate to implement the
deleted text begin Metropolitan Council'sdeleted text end guidelines new text begin of the commissioner of administration new text end for land use
compatibility with aircraft noise. Section 326B.121 does not apply to ordinances adopted
under this section.
Sec. 3.
Minnesota Statutes 2020, section 473.602, is amended to read:
473.602 DECLARATION OF PURPOSES.
It is the purpose of sections 473.601 to 473.679 to:
(1) promote the public welfare and national security; serve public interest, convenience,
and necessity; promote air navigation and transportation, international, national, state, and
local, in and through this state; promote the efficient, safe, and economical handling of air
commerce; assure the inclusion of this state in national and international programs of air
transportation; and to those ends to develop the full potentialities of the metropolitan area
in this state as an aviation center, and to correlate that area with all aviation facilities in the
entire state so as to provide for the most economical and effective use of aeronautic facilities
and services in that area;
(2) assure the residents of the metropolitan area of the minimum environmental impact
from air navigation and transportation, and to that end provide for noise abatement, control
of airport area land use, and other protective measures; and
(3) promote the overall goals of the state's environmental policies and minimize the
public's exposure to noise and safety hazards around airports.
To achieve these purposes, the corporation shall cooperate with and assist the
deleted text begin Metropolitan Councildeleted text end new text begin commissioner of administrationnew text end , the federal government, the
commissioner of transportation of this state, the Pollution Control Agency, and others
engaged in aeronautics or the promotion and regulation of aeronautics and shall seek to
coordinate its activities with the aeronautical activities of these bodies.
Sec. 4.
Minnesota Statutes 2020, section 473.604, subdivision 1, is amended to read:
Subdivision 1.
Composition.
The commission consists of:
(1) the mayor of each of the cities, or a qualified voter appointed by the mayor, for the
term of office as mayor;
(2) eight members, appointed by the governor, one from each of the following deleted text begin agencydeleted text end
districtsnew text begin , based on the Metropolitan Council plan MC2013-1A, on file with the Geographical
Information Systems Office of the Legislative Coordinating Commission and published on
its website on April 9, 2013new text end :
(i) district A, consisting of council districts 1 and 2;
(ii) district B, consisting of council districts 3 and 4;
(iii) district C, consisting of council districts 5 and 6;
(iv) district D, consisting of council districts 7 and 8;
(v) district E, consisting of council districts 9 and 10;
(vi) district F, consisting of council districts 11 and 12;
(vii) district G, consisting of council districts 13 and 14; and
(viii) district H, consisting of council districts 15 and 16.
Each member shall be a resident of the district represented. For appointments after June 2,
2006, a member must have resided in the district for at least six months and in the state for
at least one year immediately preceding the appointment. The terms of the members from
districts A, B, F, and H expire on January 1, 2007. The terms of the members from districts
C, D, E, and G expire on January 5, 2009. The successors of each member must be appointed
to four-year terms. Before making an appointment, the governor shall consult with each
member of the legislature from the district for which the member is to be appointed, to
solicit the legislator's recommendation on the appointment;
(3) four members appointed by the governor from outside of the metropolitan area to
reflect fairly the various regions and interests throughout the state that are affected by the
operation of the commission's major airport and airport system. Two of these members must
be residents of statutory or home rule charter cities, towns, or counties containing an airport
designated by the commissioner of transportation as a key airport. The other two must be
residents of statutory or home rule charter cities, towns, or counties containing an airport
designated by the commissioner of transportation as an intermediate airport. The members
must be appointed by the governor as follows: one for a term of one year, one for a term of
two years, one for a term of three years, and one for a term of four years. All of the terms
start on July 1, 1989. The successors of each member must be appointed to four-year terms
commencing on the first Monday in January of each fourth year after the expiration of the
original term. Before making an appointment, the governor shall consult each member of
the legislature representing the municipality or county from which the member is to be
appointed, to solicit the legislator's recommendation on the appointment; and
(4) a chair appointed by the governor for a term of four years. The chair may be removed
at the pleasure of the governor.
Sec. 5.
Minnesota Statutes 2020, section 473.604, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Redistricting. new text end
new text begin
The legislature shall redraw the boundaries of the districts after
each decennial federal census so that each district has substantially equal population.
Redistricting is effective in the year ending in the numeral "3." Within 60 days after a
redistricting plan takes effect, the governor shall appoint members from the newly drawn
districts to serve terms as provided under subdivision 2.
new text end
Sec. 6.
Minnesota Statutes 2020, section 473.608, subdivision 19, is amended to read:
Subd. 19.
Acoustical barriers.
The corporation shall construct an acoustical barrier in
or along the perimeter of maintenance areas of the Minneapolis-St. Paul International Airport.
It also shall construct acoustical barriers along the perimeter of runways of such airport
where it is reasonably necessary, practical and safe to do so according to the standards of
the Federal Aviation Administration. All barriers shall conform to specifications approved
by the Pollution Control Agency. For purposes of this subdivision, an acoustical barrier is
a wall, fence, natural barrier such as an earthen barrier or trees designed to abate noise. The
corporation shall also confer and cooperate with any entity which it creates for the purpose
of studying and implementing sound abatement programs and with representatives of persons
residing in the vicinity of any airport who desire to explore means for relieving the area of
the detrimental effects of aircraft noise.
Notwithstanding the provisions of any other law none of the construction authorized by
this subdivision shall be subject to review or approval by the deleted text begin Metropolitan Council
deleted text end new text begin commissioner of administrationnew text end .
Sec. 7.
Minnesota Statutes 2020, section 473.611, subdivision 5, is amended to read:
Subd. 5.
New or existing airports.
Any long-term comprehensive plans adopted by the
commission for the betterment and enlargement of existing airports, for the acquisition and
construction of new airports, and for the categories of use of airports owned or controlled
by the commission shall be consistent with the development guide of the deleted text begin Metropolitan
Councildeleted text end new text begin commissioner of administrationnew text end .
Sec. 8.
Minnesota Statutes 2020, section 473.638, is amended to read:
473.638 CONTROL MEASURE INVOLVING TAKING.
Subd. 2.
Retention or sale of property.
The commission may retain any property now
owned by it deleted text begin or acquired under subdivision 1deleted text end and use it for a lawful purpose, or it may provide
for the sale or other disposition of the property in accordance with a redevelopment plan in
the same manner and upon the same terms as the housing and redevelopment authority and
governing body of a municipality under the provisions of section 469.029, all subject to
existing land use and development control measures approved by the deleted text begin councildeleted text end new text begin commissioner
of administrationnew text end .
Subd. 3.
Sharing of costs.
The Metropolitan Airports Commission and any other
government unit in the metropolitan area may enter into an agreement under which the cost
of acquiring a property and the proceeds from the sale or other disposition of it under
subdivision 2 are to be shared by the commission and such government unit. The commissiondeleted text begin ,
the Metropolitan Council,deleted text end or any government unit may also enter into any agreements with
the United States or the state of Minnesota, or any agency or subdivision of either, and do
all acts and things required by state or federal law or rules as a condition or consideration
for the loan or grant of funds or property for the purpose of land acquisition or improvement
under subdivisions 1 and 2.
Sec. 9.
Minnesota Statutes 2020, section 473.64, is amended to read:
473.64 GOVERNMENTS IN AIRPORT DEVELOPMENT AREA; TAX SHARING.
The governing bodies of government units located wholly or partly in an airport
development area shall jointly study and decide upon a plan for the sharing of property tax
revenues derived from property located in an airport development area. If 80 percent of the
government units having territory within the airport development area agree upon a plan,
the plan is effective, and all government units shall enter into whatever agreements may be
necessary for this purpose. The plan, however, may not impair the existing contract
obligations of any government unit. This section does not apply to the Metropolitan Airports
Commission deleted text begin or the councildeleted text end .
Sec. 10.
Minnesota Statutes 2020, section 473.655, is amended to read:
473.655 PUBLIC AND GOVERNMENTAL PURPOSES.
It is hereby determined and declared that the purposes of sections 473.601 to 473.679
are public and governmental; that the development of the metropolitan airports system by
the corporation be consistent with the transportation chapter of the Metropolitan deleted text begin Council'sdeleted text end
Development Guide and promote the public safety and welfare of the state; and that the
development, extension, maintenance, and operation of the system in such a manner as to
assure the residents of the metropolitan area of the minimum environmental impact from
air navigation and transportation, with provision for noise abatement, control of airport area
land use, and other protective measures, is essential to the development of air navigation
and transportation in and through this state, and is necessary in order to assure the inclusion
of this state in national and international systems of air transportation, benefits the people
of the state as a whole, renders a general public service, and provides employment, and is
of great public economic benefit.
Sec. 11.
Minnesota Statutes 2020, section 473.661, subdivision 4, is amended to read:
Subd. 4.
Noise mitigation.
(a) According to the schedule in paragraph (b), commission
funds must be dedicated (1) to supplement the implementation of corrective land use
management measures approved by the Federal Aviation Administration as part of the
commission's Federal Aviation Regulations, part 150 noise compatibility program, and (2)
for soundproofing and accompanying air conditioning of residences, schools, and other
public buildings when there is a demonstrated need because of aircraft noise, regardless of
the location of the building to be soundproofed.
(b) The noise mitigation program described in paragraph (a) shall be funded by the
commission from whatever source of funds according to the following schedule:
In 1993, an amount equal to 20 percent of the passenger facilities charges revenue amount
budgeted by the commission for 1993;
In 1994, an amount equal to 20 percent of the passenger facilities charges revenue amount
budgeted by the commission for 1994;
In 1995, an amount equal to 35 percent of the passenger facilities charges revenue amount
budgeted by the commission for 1995; and
In 1996 and 1997, an amount equal to 40 percent of the passenger facilities charges
revenue amount budgeted by the commission for 1996.
(c) From 1996 to 2002, the commission shall spend no less than $185,000,000 from any
source of funds for insulation and accompanying air conditioning of residences, schools,
and other publicly owned buildings where there is a demonstrated need because of aircraft
noise; and property acquisition, limited to residences, schools, and other publicly owned
buildings, within the noise impacted area. In addition, the corporation shall insulate and air
condition four schools in Minneapolis and two schools in Richfield that are located in the
1996 60 Ldn contour.
(d) Before the commission constructs a new runway at Minneapolis-St. Paul International
Airport, the commission shall determine the probable levels of noise that will result in
various parts of the metropolitan area from the operation of aircraft on the new runway and
shall develop a program to mitigate noise in those parts of the metropolitan area that are
located outside the 1996 65 Ldn contour but will be located within the 65 Ldn contour as
established after the new runway is in operation. Based upon this determination, the
commission shall reserve in its annual budget, until noise mitigation measures are completed,
an amount of money necessary to implement this noise mitigation program in the newly
impacted areas.
(e) The commission's capital improvement projects, program, and plan must reflect the
requirements of this section. As part of the commission's report to the legislature under
section 473.621, subdivision 1a, the commission must provide a description and the status
of each noise mitigation project implemented under this section.
deleted text begin
(f) Within 180 days of submitting the commission's and the Metropolitan Council's
report and recommendations on major airport planning to the legislature as required by
Minnesota Statutes 2012, section 473.618, the commission, with the assistance of its sound
abatement advisory committee, shall make a recommendation to the state Advisory Council
on Metropolitan Airport Planning regarding proposed mitigation activities and appropriate
funding levels for mitigation activities at Minneapolis-St. Paul International Airport and in
the neighboring communities. The recommendation shall examine mitigation measures to
the 60 Ldn level. The state Advisory Council on Metropolitan Airport Planning shall review
the recommendation and comment to the legislature within 60 days after the recommendation
is submitted to the council.
deleted text end
Sec. 12.
Minnesota Statutes 2020, section 473.667, subdivision 8, is amended to read:
Subd. 8.
Refunding deficiencies.
If in any year the revenues available for transfer to
the debt service fund are or will in the judgment of the commission be insufficient to produce
the balance required thereon on October 10 under the provisions of subdivision 4, or to
make any interest or principal payment due on certificates of indebtedness issued under the
provisions of subdivision 10, the commission maydeleted text begin , with the approval of the council,deleted text end issue
refunding bonds and appropriate the proceeds to the debt service fund in the amount needed
to restore the deficiency, provided that the refunding bonds shall not mature earlier than the
date or dates when the commission estimates that the revenues from enforced or increased
rates, fees, charges, and rentals will be sufficient to pay them and to meet all other
requirements of the debt service fund as stated in subdivision 4.
Sec. 13. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, section 473.621, subdivision 6,
new text end
new text begin
is repealed.
new text end
Sec. 14. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective July 1, 2023.
new text end
ARTICLE 6
METROPOLITAN AGRICULTURAL PRESERVES
Section 1.
Minnesota Statutes 2020, section 473H.04, subdivision 3, is amended to read:
Subd. 3.
Maps to deleted text begin Met Councildeleted text end new text begin Minnesota planningnew text end .
The authority shall provide the
deleted text begin Metropolitan Councildeleted text end new text begin commissioner of administration new text end with suitable maps showing any lands
certified eligible pursuant to subdivision 1 or decertified pursuant to subdivision 2. The
deleted text begin Metropolitan Councildeleted text end new text begin commissioner of administration new text end shall maintain maps of the metropolitan
area showing all certified long-term agricultural lands.
Sec. 2.
Minnesota Statutes 2020, section 473H.06, subdivision 1, is amended to read:
Subdivision 1.
Application.
Upon receipt of an application, the authority shall determine
if all material required in section 473H.05 has been submitted and, if so, shall determine
that the application is complete. When used in this chapter, the term "date of application"
means the date the application is determined complete by the authority. Within five days
of the date of application, the authority shall forward the completed and signed application
to the county recorder, and copies to the county auditor, the county assessor, the deleted text begin Metropolitan
Councildeleted text end new text begin commissioner of administrationnew text end , and the county soil and water conservation district.
Sec. 3.
Minnesota Statutes 2020, section 473H.06, subdivision 5, is amended to read:
Subd. 5.
Maps; reports.
The deleted text begin Metropolitan Councildeleted text end new text begin commissioner of administration
new text end shall maintain agricultural preserve maps, illustrating (a) certified long-term agricultural
lands; and (b) lands covenanted as agricultural preserves. The deleted text begin councildeleted text end new text begin commissioner of
administration new text end shall make yearly reports to the Department of Agriculture and such other
agencies as the deleted text begin councildeleted text end new text begin commissioner of administration new text end deems appropriate.
Sec. 4.
Minnesota Statutes 2020, section 473H.08, subdivision 4, is amended to read:
Subd. 4.
Notice to others.
Upon receipt of the notice provided in subdivision 2 or 3a,
or upon notice served by the authority as provided in subdivision 3, the authority shall
forward the original notice to the county recorder for recording, or to the registrar of titles
if the land is registered, and shall notify the county auditor, county assessor, the deleted text begin Metropolitan
Councildeleted text end new text begin commissioner of administrationnew text end , and the county soil and water conservation district
of the date of expiration. Designation as an agricultural preserve and all benefits and
limitations accruing through sections 473H.02 to 473H.17 for the preserve shall cease on
the date of expiration. The restrictive covenant contained in the application shall terminate
on the date of expiration.
Sec. 5. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, section 473H.02, subdivisions 7 and 8,
new text end
new text begin
are repealed.
new text end
Sec. 6. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective July 1, 2023.
new text end
ARTICLE 7
PARKS AND OPEN SPACE
Section 1.
Minnesota Statutes 2020, section 473.121, subdivision 14, is amended to read:
Subd. 14.
Regional recreation open space.
"Regional recreation open space" means
land and water areas, or interests therein, and facilities determined by the deleted text begin Metropolitan
Councildeleted text end new text begin commissioner of administration new text end to be of regional importance in providing for a
balanced system of public outdoor recreation for the metropolitan area, including but not
limited to park reserves, major linear parks and trails, large recreation parks, and
conservatories, zoos, and other special use facilities.
Sec. 2.
Minnesota Statutes 2020, section 473.147, is amended to read:
473.147 REGIONAL RECREATION OPEN SPACE SYSTEM POLICY PLAN.
Subdivision 1.
Requirements.
The deleted text begin Metropolitan Councildeleted text end new text begin commissioner of administration
new text end after consultation with the Parks and Open Space Commission, municipalities, park districts
and counties in the metropolitan area, and after appropriate public hearings, shall prepare
and adopt a long-range system policy plan for regional recreation open space as part of the
deleted text begin council'sdeleted text end Metropolitan Development Guide. The plan shall substantially conform to all
policy statements, purposes, goals, standards, and maps in development guide sections and
comprehensive plans as developed and adopted by the deleted text begin council pursuant to the chapters of
the Minnesota Statutes directly relating to the councildeleted text end new text begin commissioner of administrationnew text end . The
policy plan shall identify generally the areas which should be acquired by a public agency
to provide a system of regional recreation open space comprising park district, county and
municipal facilities which, together with state facilities, reasonably will meet the outdoor
recreation needs of the people of the metropolitan area and shall establish priorities for
acquisition and development. The policy plan shall estimate the cost of the recommended
acquisitions and development, including an analysis of what portion of the funding is
proposed to come from the state, Metropolitan deleted text begin Councildeleted text end new text begin Parks and Open Space Commission's
new text end levies, and cities, counties, and towns in the metropolitan area, respectively. In preparing
or amending the policy plan the deleted text begin councildeleted text end new text begin commissioner of administration new text end shall consult with
and make maximum use of the expertise of the commission. The policy plan shall include
a five-year capital improvement program, which shall be revised periodically, and shall
establish criteria and priorities for the allocation of funds for such acquisition and
development. The legislature in each bonding measure shall designate an anticipated level
of funding for this acquisition and development for each of the two succeeding bienniums.
Subd. 2.
Review, comment, hearing; revision.
Before adopting the policy plan, the
deleted text begin councildeleted text end new text begin commissioner of administrationnew text end shall submit the proposed plan to the parks and
open space commission for its review, and the commission shall report its comments to the
deleted text begin councildeleted text end new text begin commissioner of administrationnew text end within 60 days. The deleted text begin councildeleted text end new text begin commissioner of
administrationnew text end shall hold a public hearing on the proposed policy plan at such time and
place in the metropolitan area as it shall determine. Not less than 15 days before the hearing,
the deleted text begin councildeleted text end new text begin commissioner of administration new text end shall publish notice thereof in a newspaper or
newspapers having general circulation in the metropolitan area, stating the date, time and
place of hearing, and the place where the proposed policy plan and commission comments
may be examined by any interested person. At any hearing interested persons shall be
permitted to present their views on the policy plan, and the hearing may be continued from
time to time. After receipt of the commission's report and hearing, the deleted text begin councildeleted text end new text begin commissioner
of administration new text end may revise the proposed plan giving appropriate consideration to all
comments received, and thereafter shall adopt the plan by resolution. An amendment to the
policy plan may be proposed by the deleted text begin council deleted text end new text begin commissioner of administration new text end or by the parks
and open space commission. At least every four years the deleted text begin councildeleted text end new text begin commissioner of
administration new text end shall engage in a comprehensive review of the policy plan, development
guide sections, comprehensive plans, capital improvement programs and other plans in
substantial conformance with the requirements of subdivision 1 which have been adopted
by the deleted text begin councildeleted text end new text begin commissioner of administrationnew text end .
Sec. 3.
Minnesota Statutes 2020, section 473.301, subdivision 2, is amended to read:
Subd. 2.
Policy plan.
"Policy plan" means a plan adopted by the deleted text begin council deleted text end new text begin commissioner
of administration new text end pursuant to section 473.147, generally describing the extent, type and
location of regional recreation open space needed for the metropolitan area and the timing
of its acquisition and development.
Sec. 4.
Minnesota Statutes 2020, section 473.303, is amended to read:
473.303 METROPOLITAN PARKS AND OPEN SPACE COMMISSION.
Subdivision 1.
General.
A Metropolitan Parks and Open Space Commission is established
deleted text begin as an agency of the councildeleted text end new text begin to carry out the purposes and activities specified in sections
473.301 to 473.341 and to serve as the governing body of the district new text end and shall be organized
and structured as provided in this section.
Subd. 2.
Membership; appointments.
(a) The deleted text begin agencydeleted text end new text begin commission new text end consists of eight
members, plus a chair appointed as provided in subdivision 3. The deleted text begin Metropolitan Councildeleted text end
new text begin governor new text end shall appoint the eight members on a nonpartisan basis after consultation with the
members of the legislature from the district for which the member is to be appointed. The
consultation with legislators in the affected district must include informing each legislator
of the name, address, and background of each candidate for appointment and soliciting and
reporting to the appointments committee the recommendation of each legislator on the
appointment.
(b) In addition to the notice required in section 15.0597, subdivision 4, notice of vacancies
and expiration of terms must be published in newspapers of general circulation in the
metropolitan area and the appropriate districts. The deleted text begin councildeleted text end new text begin commission new text end shall notify in
writing the governing bodies of the statutory and home rule charter cities, counties, and
towns having territory in the district for which the member is to be appointed. The notices
must describe the appointment process and invite participation and recommendations on
the appointment.
(c) The deleted text begin councildeleted text end new text begin commission new text end shall establish an appointments committee, composed of
members of the deleted text begin councildeleted text end new text begin governing bodies of the implementing agenciesnew text end , to screen and review
candidates. Following the submission of member applications deleted text begin to the Metropolitan Councildeleted text end
as provided under section 15.0597, subdivision 5, the appointments committee shall conduct
public meetings, following appropriate notice, to accept statements from or on behalf of
persons who have applied or been nominated for appointment and to allow consultation
with and secure the advice of the public and local elected officials. The committee shall
hold the meeting on each appointment in the district or in a reasonably convenient and
accessible location in the part of the metropolitan area in which the district is located. The
committee may consolidate meetings. Following the meetings, the committee shall submit
to the deleted text begin councildeleted text end new text begin commission new text end a written report that lists the persons who have applied or been
nominated or recommended for the position, along with a description of the background
and qualifications of each. In making its recommendation, the committee specifically shall
consider evidence of the candidate's commitment to regularly communicate on issues before
the agency with deleted text begin Metropolitan Council members, deleted text end legislators and local elected officials in
the district, and the committee shall report its findings on this subject in its written report
to the deleted text begin councildeleted text end new text begin commissionnew text end .
(d) One member shall be appointed from each of the following agency districts:
(1) district A, consisting of deleted text begin council districts 1 and 2deleted text end new text begin Metropolitan Airports Commission
district Anew text end ;
(2) district B, consisting of deleted text begin council districts 3 and 4deleted text end new text begin Metropolitan Airports Commission
district Bnew text end ;
(3) district C, consisting of deleted text begin council districts 5 and 6deleted text end new text begin Metropolitan Airports Commission
district Cnew text end ;
(4) district D, consisting of deleted text begin council districts 7 and 8deleted text end new text begin Metropolitan Airports Commission
district Dnew text end ;
(5) district E, consisting of deleted text begin council districts 9 and 10deleted text end new text begin Metropolitan Airports Commission
district Enew text end ;
(6) district F, consisting of deleted text begin council districts 11 and 12deleted text end new text begin Metropolitan Airports Commission
district Fnew text end ;
(7) district G, consisting of deleted text begin council districts 13 and 14deleted text end new text begin Metropolitan Airports Commission
district Gnew text end ; and
(8) district H, consisting of deleted text begin council districts 15 and 16deleted text end new text begin Metropolitan Airports Commission
district Hnew text end .
Subd. 3.
Chair.
The chair of the commission shall be appointed by the deleted text begin council deleted text end new text begin governor
new text end and shall be the ninth member of the commission and shall meet all qualifications established
for members, except the chair need only reside within the metropolitan area. The chair shall
preside at all meetings of the commission, if present, and shall perform all other duties and
functions assigned by the commission or by law. The commission may appoint from among
its members a vice-chair to act for the chair during temporary absence or disability.
Subd. 3a.
Members; duties.
Each member shall communicate regularly with deleted text begin Metropolitan
Council members,deleted text end legislatorsdeleted text begin ,deleted text end and local government officials in the district the member
represents.
Subd. 4.
Qualifications.
Each member shall be a resident of the commission district for
which appointed and shall not during terms of office as a commission member deleted text begin hold the
office of Metropolitan Council member, ordeleted text end be a member of any metropolitan agency or hold
any judicial office.
Subd. 4a.
Terms.
Following each apportionment of Metropolitan deleted text begin Councildeleted text end new text begin Airports
Commission new text end districts, as provided under section deleted text begin 473.123, subdivision 3adeleted text end new text begin 473.604, subdivision
1anew text end , the deleted text begin Metropolitan Councildeleted text end new text begin governor new text end shall appoint a chair and eight commission members
from newly drawn districts. The terms of members and chairs are as follows: members
representing commission districts A, B, C, and D, and the chair of the commission, for terms
ending the first Monday in January of the year ending in the numeral "7"; members
representing commission districts E, F, G, and H, for terms ending the first Monday in
January of the year ending in the numeral "5." Thereafter the term of each member and the
chair is four years, with terms ending the first Monday in January, except that all terms
expire on the effective date of the next apportionment. The chair shall continue to serve
until a successor is appointed and qualified. A member shall continue to serve the commission
district until a successor is appointed and qualified; except that, following each
apportionment, the member shall continue to serve at large until the deleted text begin Metropolitan Councildeleted text end
new text begin governor new text end appoints eight commission members as provided under subdivision 2, to serve
terms as provided under this subdivision. The appointments to the commission must be
made by the first Monday in May of the year in which the term ends.
Subd. 5.
Vacancies; removal.
If the office of any commission member or the chair
becomes vacant, the vacancy shall be filled by appointment in the same manner the original
appointment was made. Members, other than the chair, may be removed by the deleted text begin council
deleted text end new text begin governor new text end only for cause. The chair may be removed at the pleasure of the deleted text begin councildeleted text end new text begin governornew text end .
Subd. 6.
Compensation.
Members and the chair shall serve without compensation but
shall be reimbursed for all actual and necessary expenses incurred in the performance of
duties as determined by the deleted text begin Metropolitan Councildeleted text end new text begin Legislative Coordinating Commissionnew text end .
Sec. 5.
Minnesota Statutes 2020, section 473.313, is amended to read:
473.313 MASTER PLANS.
Subdivision 1.
Adoption.
Each park district located wholly or partially within the
metropolitan area, and each county in the metropolitan area not wholly within a park district,
shall prepare, after consultation with all affected municipalities, and submit to the
deleted text begin Metropolitan Councildeleted text end new text begin commissioner of administrationnew text end , and from time to time revise and
resubmit to the deleted text begin councildeleted text end new text begin commissioner of administrationnew text end , a master plan and annual budget
for the acquisition and development of regional recreation open space located within the
district or county, consistent with the deleted text begin council'sdeleted text end new text begin commissioner of administration'snew text end policy
plan.
Subd. 2.
deleted text begin Councildeleted text end new text begin Commissioner of administrationnew text end review.
The deleted text begin Metropolitan Councildeleted text end
new text begin commissioner of administration new text end shall review with the advice of the commission, each master
plan to determine whether it is consistent with the deleted text begin council'sdeleted text end new text begin commissioner of administration'snew text end
policy plan. If it is not consistent, the deleted text begin councildeleted text end new text begin commissioner of administrationnew text end shall return
the plan with its comments to the municipalities, park district or county for revision and
resubmittal.
Sec. 6.
Minnesota Statutes 2020, section 473.315, subdivision 1, is amended to read:
Subdivision 1.
To certain metro governments or agencies.
The deleted text begin Metropolitan Council
with the advice of thedeleted text end commission may make grants, from any funds available to it for
recreation open space purposes, to any implementing agency, as defined in section 473.351,
to cover the cost, or any portion of the cost, of acquiring or developing regional recreation
open space in accordance with the policy plan; and all such agencies may enter into contracts
for this purpose or rights or interests therein. The cost of acquisition shall include any
payments required for relocation pursuant to sections 117.50 to 117.56.
Sec. 7.
Minnesota Statutes 2020, section 473.325, is amended to read:
473.325 SALES OF G.O. REFUNDING BONDS.
Subdivision 1.
Up to $40,000,000 outstanding.
The Metropolitan deleted text begin Councildeleted text end new text begin Parks and
Open Space Commission new text end may by resolution authorize the issuance of general obligation
bonds of the deleted text begin councildeleted text end new text begin commission new text end such that the amount outstanding and undischarged at any
time shall not exceed $40,000,000, for which its full faith and credit and taxing powers shall
be pledged, for the acquisition and betterment of regional recreation open space in accordance
with sections 473.301 to 473.341. The Metropolitan deleted text begin Councildeleted text end new text begin Parks and Open Space
Commission new text end may also issue general obligation bonds for the purpose of refunding outstanding
obligations issued hereunder. The amount of refunding bonds that may be issued from time
to time shall not be subject to the dollar limitation contained in this subdivision nor shall
such refunding bonds be included in computing the amount of bonds that may be issued
within such dollar limitation.
Subd. 2.
Chapter 475 applies; exceptions.
The Metropolitan deleted text begin Councildeleted text end new text begin Parks and Open
Space Commission new text end shall sell and issue the bonds in the manner provided in chapter 475,
and shall have the same powers and duties as a municipality issuing bonds under that law,
except that the approval of a majority of the electors shall not be required and the net debt
limitations shall not apply. The terms of each series of bonds shall be fixed so that the
amount of principal and interest on all outstanding and undischarged bonds, together with
the bonds proposed to be issued, due in any year shall not exceed 0.01209 percent of
estimated market value of all taxable property in the metropolitan area as last finally equalized
prior to a proposed issue. The bonds shall be secured in accordance with section 475.61,
subdivision 1, and any taxes required for their payment shall be levied by the deleted text begin councildeleted text end new text begin
commissionnew text end , shall not affect the amount or rate of taxes which may be levied by the deleted text begin councildeleted text end new text begin
commissionnew text end for other purposes, shall be spread against all taxable property in the metropolitan
area and shall not be subject to limitation as to rate or amount. Any taxes certified by the
deleted text begin councildeleted text end new text begin commissionnew text end to the county auditors for collection shall be reduced by the amount
received by the deleted text begin councildeleted text end new text begin commissionnew text end from the commissioner of management and budget or
the federal government for the purpose of paying the principal and interest on bonds to
which the levy relates. The deleted text begin councildeleted text end new text begin commission new text end shall certify the fact and amount of all
money so received to the county auditors, and the auditors shall reduce the levies previously
made for the bonds in the manner and to the extent provided in section 475.61, subdivision
3.
Subd. 3.
Temporary loans.
The Metropolitan deleted text begin Councildeleted text end new text begin Parks and Open Space
Commissionnew text end shall have the power, after the authorization of bonds pursuant to this section,
to provide funds immediately required for the purposes of sections 473.301 to 473.341, by
effecting temporary loans upon such terms as it shall by resolution determine, evidenced
by notes due in not exceeding 24 months from the date thereof, payable to the order of the
lender or to the bearer, to be repaid with interest from the proceeds of such bonds when
issued and delivered to the purchaser thereof. Such temporary loans may be made without
public advertisement.
Subd. 4.
Full faith, credit switch.
In the event that the full faith and credit pledge of
the Metropolitan deleted text begin Councildeleted text end new text begin Parks and Open Space Commission new text end for the payment of principal
and interest on the bonds issued under this section is superseded and replaced by the full
faith and credit pledge of the state of Minnesota, by binding and irrevocable legislation,
such action shall extinguish the full faith and credit pledge theretofore made for all bonds
and the interest thereon issued pursuant to this section.
Sec. 8.
Minnesota Statutes 2020, section 473.334, subdivision 1, is amended to read:
Subdivision 1.
Generally.
In determining the special benefit received by regional
recreation open space system property as defined in sections 473.301 to 473.351 from an
improvement for which a special assessment is determined, the governing body shall not
consider any use of the property other than as regional recreation open space property at
the time the special assessment is determined. The deleted text begin Metropolitan Councildeleted text end new text begin commission new text end shall
not be bound by the determination of the governing body of the city but may pay a lesser
amount, as agreed upon by the deleted text begin Metropolitan Councildeleted text end new text begin commission new text end and the governing body
of the city, as they determine is the measure of benefit to the land from the improvement.
Sec. 9.
Minnesota Statutes 2020, section 473.341, is amended to read:
473.341 TAX EQUIVALENTS.
In the year in which the deleted text begin Metropolitan Councildeleted text end new text begin commission new text end or an implementing agency
as defined in section 473.351 acquires fee title to any real property included in the regional
recreation open space system, the deleted text begin Metropolitan Councildeleted text end new text begin commission new text end shall grant sufficient
funds to the appropriate implementing agency to make the tax equivalent payment required
in this section. The deleted text begin councildeleted text end new text begin commission new text end shall determine the total amount of property taxes
levied on the real property for municipal or township purposes for collection in the year in
which title passed. The municipality or township in which the real property is situated shall
be paid 180 percent of the total tax amount determined by the deleted text begin councildeleted text end new text begin commissionnew text end . If the
implementing agency has granted a life estate to the seller of the real property and the seller
is obligated to pay property taxes on the property, this tax equivalent shall not be paid until
the life estate ends. All amounts paid pursuant to this section are costs of acquisition of the
real property acquired.
Sec. 10.
Minnesota Statutes 2020, section 473.351, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
The definitions in this subdivision apply to this section.
(a) "Implementing agency" means the counties of Anoka, Washington, Ramsey, Scott,
Carver, Dakota, the city of St. Paul, the city of Bloomington, the Minneapolis Park and
Recreation Board, and the Three Rivers Park District.
(b) "Operation and maintenance expenditures" means the cost of providing for the
operation and maintenance of waters, lands, and facilities that are a part of the metropolitan
area regional park and open space system, including but not limited to, the provision of fire,
police, maintenance, forestry, rehabilitation expenses pertaining to routine care, and the
allocation of the administrative overhead costs of the regional park and open space systems.
(c) "Operation and maintenance money" means money appropriated by the legislature
to the commissioner of employment and economic development for distribution by the
Metropolitan deleted text begin Councildeleted text end new text begin Parks and Open Space Commissionnew text end .
(d) "Regional recreation open space systems" means those parks that have been designated
by the deleted text begin Metropolitan Councildeleted text end new text begin commissioner of administration new text end under section 473.145.
Sec. 11.
Minnesota Statutes 2020, section 473.351, subdivision 2, is amended to read:
Subd. 2.
Metropolitan deleted text begin Councildeleted text end new text begin Parks and Open Space Commission
new text end obligation.
Annually before August 1 the deleted text begin Metropolitan Councildeleted text end new text begin commission new text end shall distribute
grant money received from the commissioner of natural resources to fund the operation and
maintenance expenditures of the implementing agencies for the operation and maintenance
of regional park and open space systems. The deleted text begin Metropolitan Councildeleted text end new text begin commission new text end shall
annually report to the legislature the amount distributed to each implementing agency and
its estimate of the percentage of operation and maintenance expenditures paid for with
operation and maintenance money.
Sec. 12.
Minnesota Statutes 2020, section 473.351, subdivision 3, is amended to read:
Subd. 3.
Allocation formula.
By July 1 of every year each implementing agency must
submit to the Metropolitan Parks and Open Space Commission a statement of the next
annual anticipated operation and maintenance expenditures of the regional recreation open
space parks systems within their respective jurisdictions and the previous year's actual
expenditures. After reviewing the actual expenditures submitted and by July 15 of each
year, the new text begin Metropolitan new text end Parks and Open Space Commission shall deleted text begin forward to the Metropolitan
Council the funding requests from the implementing agencies based on the actual
expenditures made. The Metropolitan Council shalldeleted text end distribute the operation and maintenance
money as follows:
(1) 40 percent based on the use that each implementing agency's regional recreation
open space system has in proportion to the total use of the metropolitan regional recreation
open space system;
(2) 40 percent based on the operation and maintenance expenditures made in the previous
year by each implementing agency in proportion to the total operation and maintenance
expenditures of all of the implementing agencies; and
(3) 20 percent based on the acreage that each implementing agency's regional recreation
open space system has in proportion to the total acreage of the metropolitan regional
recreation open space system. The 80 percent natural resource management land acreage
of the park reserves must be divided by four in calculating the distribution under this clause.
Each implementing agency must receive no less than 40 percent of its actual operation
and maintenance expenses to be incurred in the current calendar year budget as submitted
to the parks and open space commission. If the available operation and maintenance money
is less than the total amount determined by the formula including the preceding, the
implementing agencies will share the available money in proportion to the amounts they
would otherwise be entitled to under the formula.
Sec. 13. new text begin BONDS.
new text end
new text begin
Bonds authorized by Minnesota Statutes, section 473.325, that are outstanding on the
effective date of this article must be paid and retired according to those sections and the
terms of the bonds. The auditors of the metropolitan counties shall see to the administration
of this section.
new text end
Sec. 14. new text begin ASSET ALLOCATION.
new text end
new text begin
Assets of the Metropolitan Council attributable to the regional recreation open space
systems defined in Minnesota Statutes, section 473.351, shall be transferred to the
Metropolitan Parks and Open Space Commission.
new text end
Sec. 15. new text begin TAX EQUIVALENTS.
new text end
new text begin
If tax equivalents under Minnesota Statutes, section 473.341, are owned by an
implementing agency as defined in Minnesota Statutes, section 473.351, to a municipality
as defined in Minnesota Statutes, section 473.301, that is not an implementing agency, on
the termination of a life estate, the implementing agency must make the payment.
new text end
Sec. 16. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, section 473.121, subdivision 12,
new text end
new text begin
is repealed.
new text end
Sec. 17. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective July 1, 2023.
new text end
ARTICLE 8
TRANSPORTATION
Section 1.
Minnesota Statutes 2020, section 117.57, subdivision 3, is amended to read:
Subd. 3.
Relation to regional railroad authorities.
An authority shall not be adjudged
to have a superior public use to that of a regional railroad authority as defined in section
398A.01, a railroad property which has been identified and approved as a light rail corridor
by the new text begin former new text end Metropolitan Council under chapter 473, or a state trail covered by section
85.015.
Sec. 2.
Minnesota Statutes 2020, section 160.165, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purposes of this section, the following terms have
the meanings given:
(1) "project" means construction work to maintain, construct, reconstruct, or improve a
street or highway or for a rail transit project;
(2) "substantial business impacts" means impairment of road access, parking, or visibility
for one or more business establishments as a result of a project, for a minimum period of
one month; and
(3) "transportation authority" means the commissioner, as to trunk highwaysnew text begin and rail
transit projectsnew text end ; the county board, as to county state-aid highways and county highways;
the town board, as to town roads; new text begin and new text end statutory or home rule charter cities, as to city streetsdeleted text begin ;
the Metropolitan Council, for rail transit projects located entirely within the metropolitan
area as defined in section 473.121, subdivision 2; and the commissioner, for all other rail
transit projectsdeleted text end .
Sec. 3.
Minnesota Statutes 2020, section 160.93, subdivision 1, is amended to read:
Subdivision 1.
Fees authorized.
To improve efficiency and provide more options to
individuals traveling in a trunk highway corridor, the commissioner of transportation may
charge user fees to owners or operators of single-occupant vehicles using dynamic shoulder
lanes as designated by the commissioner and any designated high-occupancy vehicle lanes.
The fees may be collected using electronic or other toll-collection methods and may vary
in amount with the time of day and level of traffic congestion within the corridor. The
commissioner shall deleted text begin consult with the Metropolitan Council anddeleted text end obtain necessary federal
authorizations before implementing user fees on a high-occupancy vehicle lane or dynamic
shoulder lane. Fees under this section are not subject to section 16A.1283.
Sec. 4.
Minnesota Statutes 2020, section 160.93, subdivision 2, is amended to read:
Subd. 2.
Deposit of revenues; appropriation.
(a) Except as provided in subdivision
2a, money collected from fees authorized under subdivision 1 must be deposited in a
high-occupancy vehicle lane user fee account in the special revenue fund. A separate account
must be established for each trunk highway corridor. Money in the account is appropriated
to the commissioner.
(b) From this appropriation the commissioner shall first repay the trunk highway fund
and any other fund source for money spent to install, equip, or modify the corridor for the
purposes of subdivision 1, and then shall pay all the costs of implementing and administering
the fee collection system for that corridor.
(c) The commissioner shall spend remaining money in the account as follows:
(1) one-half must be spent for transportation capital improvements within the corridor;
and
(2) one-half must be deleted text begin transferred to the Metropolitan Councildeleted text end new text begin spent new text end for expansion and
improvement of bus transit services within the corridor beyond the level of service provided
on the date of implementation of subdivision 1.
Sec. 5.
Minnesota Statutes 2020, section 160.93, subdivision 2a, is amended to read:
Subd. 2a.
I-35W high-occupancy vehicle and dynamic shoulder lane account.
(a)
An I-35W high-occupancy vehicle and dynamic shoulder lane account is established in the
special revenue fund. Money collected from fees authorized under subdivision 1 for the
marked Interstate Highway 35W (I-35W) corridor must be deposited in the account and
used as described in this subdivision. Money in the account is appropriated to the
commissioner.
(b) During the first year of revenue operations, the commissioner shall use the money
received in that year to pay the costs of operating and administering the fee collection system
within the corridor, up to $1,000,000. Any remaining money must be deleted text begin transferred to the
Metropolitan Councildeleted text end new text begin used new text end for improvement of bus transit services within the I-35W corridor
including transit capital expenses.
(c) During the second and subsequent years of revenue operations, the commissioner
shall use money in the account as follows:
(1) each year, allocate the lesser amount of $1,000,000 or 75 percent of the revenues for
operating and administering the fee collection system within the corridor;
(2) deleted text begin transferdeleted text end new text begin use new text end the remaining amount up to the amount allocated under clause (1) deleted text begin to the
Metropolitan Councildeleted text end for improvement of bus transit within the corridor including capital
expenses; and
(3) allocate any remaining amount as follows: (i) 25 percent to deleted text begin the commissioner for
operating and administeringdeleted text end new text begin operate and administer new text end the fee collection system within the
corridor and for transportation capital improvements that are consistent with the goals of
the urban partnership agreement and that are located within the corridor and (ii) 75 percent
deleted text begin to the Metropolitan Councildeleted text end for improvement of bus transit services within the corridor
including transit capital expenses.
Sec. 6.
Minnesota Statutes 2020, section 162.09, subdivision 4, is amended to read:
Subd. 4.
Federal census is conclusive.
(a) In determining whether any city has a
population of 5,000 or more, the last federal census shall be conclusive, except as otherwise
provided in this subdivision.
(b) The governing body of a city may contract with the United States Bureau of the
Census to take a special census. A certified copy of the results of the census shall be filed
with the appropriate state authorities by the city. The result of the census shall be the
population of the city for the purposes of any law providing that population is a required
qualification for distribution of highway aids under chapter 162. The special census shall
remain in effect until the next federal census is completed and filed. The expense of taking
the special census shall be paid by the city.
(c) If an entire area not heretofore incorporated as a city is incorporated as such during
the interval between federal censuses, its population shall be determined by its incorporation
census. The incorporation census shall be determinative of the population of the city only
until the next federal census.
(d) The population of a city created by the consolidation of two or more previously
incorporated cities shall be determined by the most recent population estimate of the
deleted text begin Metropolitan Council ordeleted text end state demographer, until the first federal decennial census or special
census taken after the consolidation.
(e) The population of a city that is not receiving a municipal state-aid street fund
apportionment shall be determined, upon request of the city, by the most recent population
estimate of the deleted text begin Metropolitan Council ordeleted text end state demographer. A municipal state-aid street
fund apportionment received by the city must be based on this population estimate until the
next federal decennial census or special census.
(f) A city that is found in the most recent federal decennial census to have a population
of less than 5,000 is deemed for the purposes of this chapter and the Minnesota Constitution,
article XIV, to have a population of 5,000 or more under the following circumstances: (1)
immediately before the most recent federal decennial census, the city was receiving municipal
state-aid street fund distributions; and (2) the population of the city was found in the most
recent federal decennial census to be less than 5,000. Following the end of the first calendar
year that ends in "5" after the decennial census and until the next decennial census, the
population of any city must be determined under paragraphs (a) to (e).
Sec. 7.
Minnesota Statutes 2020, section 169.306, is amended to read:
169.306 USE OF SHOULDERS BY BUSES.
(a) A road authority, as defined in section 160.02, subdivision 25, is authorized to permit
transit buses and Metro Mobility buses use of a shoulder, as designated by the road authority,
of a freeway or expressway, as defined in section 160.02, in Minnesota.
(b) If a road authority permits the use of a freeway or expressway shoulder by transit
buses, the road authority shall permit the use on that shoulder of a bus (1) with a seating
capacity of 40 passengers or more operated by a motor carrier of passengers, as defined in
section 221.012, subdivision 26, while operating in intrastate commerce or (2) providing
regular route transit service, as defined in section 174.22, subdivision 8, or Metro Mobility
services, and operated by or under contract with the deleted text begin Metropolitan Councildeleted text end new text begin Department of
Transportationnew text end , a local transit authority, or a transit authority created by the legislature.
Drivers of these buses must have adequate training in the requirements of paragraph (c), as
determined by the commissioner.
(c) Buses authorized to use the shoulder under this section may be operated on the
shoulder only when main-line traffic speeds are less than 35 miles per hour, except as
provided for in paragraph (f). Drivers of buses being operated on the shoulder may not
exceed the speed of main-line traffic by more than 15 miles per hour and may never exceed
35 miles per hour, except as provided for in paragraph (f). Drivers of buses being operated
on the shoulder must yield to merging, entering, and exiting traffic and must yield to other
vehicles on the shoulder. Buses operated on the shoulder must be registered with the
Department of Transportation.
(d) For the purposes of this section, the term "Metro Mobility bus" means a motor vehicle
of not less than 20 feet in length engaged in providing special transportation services under
section 473.386 that is:
(1) operated by or under contract with a public or private entity receiving financial
assistance to provide transit services from the deleted text begin Metropolitan Council or thedeleted text end commissioner
of transportation; and
(2) authorized by a road authority to use freeway or expressway shoulders.
(e) This section does not apply to the operation of buses on dynamic shoulder lanes.
(f) The commissioner may authorize different operating conditions and maximum speeds,
not to exceed the posted speed limit, based upon an engineering study and recommendation
by the road authority. The engineering study must be conducted by the road authority and
must conform with the manual and specifications adopted under section 169.06, subdivision
1, and applicable state and federal standards. The road authority shall consult the public
transit operator before recommending operating conditions different from those authorized
by law.
Sec. 8.
Minnesota Statutes 2020, section 169.781, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For purposes of sections 169.781 to 169.783:
(a) "Commercial motor vehicle":
(1) means a motor vehicle as defined in section 169.011, subdivision 16, paragraph (a),
or combination of motor vehicles used to transport passengers or property if the motor
vehicle:
(i) has a gross vehicle weight of more than 26,000 pounds;
(ii) is a vehicle in a combination of more than 26,000 pounds;
(iii) is a bus; or
(iv) is of any size and is used in the transportation of hazardous materials that are required
to be placarded under Code of Federal Regulations, title 49, parts 100-185; and
(2) does not include (i) a school bus or Head Start bus displaying a certificate under
section 169.451, or (ii) a bus operated by the deleted text begin Metropolitan Councildeleted text end new text begin Department of
Transportationnew text end or by a local transit commission created in chapter 458A.
(b) "Commissioner" means the commissioner of public safety.
(c) "Owner" means a person who owns, or has control, under a lease of more than 30
days' duration, of one or more commercial motor vehicles.
Sec. 9.
Minnesota Statutes 2020, section 169.791, subdivision 5, is amended to read:
Subd. 5.
Exemptions.
Buses or other commercial vehicles operated by the deleted text begin Metropolitan
Councildeleted text end new text begin commissioner of transportationnew text end , commercial vehicles required to file proof of
insurance pursuant to chapter 221, and school buses as defined in section 171.01, subdivision
46, are exempt from this section.
Sec. 10.
Minnesota Statutes 2020, section 169.792, subdivision 11, is amended to read:
Subd. 11.
Exemptions.
Buses or other commercial vehicles operated by the deleted text begin Metropolitan
Councildeleted text end new text begin Department of Transportationnew text end , commercial vehicles required to file proof of
insurance pursuant to chapter 221, and school buses as defined in section 171.01, subdivision
45, are exempt from this section.
Sec. 11.
Minnesota Statutes 2020, section 174.03, subdivision 1, is amended to read:
Subdivision 1.
Statewide transportation plan; priorities; schedule of expenditures.
In
order to best meet the present and future transportation needs of the public, to insure a strong
state economy, to make most efficient use of public and private funds, to lessen adverse
environmental impacts of the transportation sector, and to promote the more efficient use
of energy and other resources for transportation purposes, the commissioner shall:
(1) three months after notification that the department is ready to commence operations
and prior to the drafting of the statewide transportation plan, hold public hearings as may
be appropriate solely for the purpose of receiving suggestions for future transportation
alternatives and priorities for the state. The deleted text begin Metropolitan Council,deleted text end regional development
commissionsdeleted text begin ,deleted text end and port authorities shall appear at the hearings and submit information
concerning transportation-related planning undertaken and accomplished by these agencies.
Other political subdivisions may appear and submit such information at the hearings. These
hearings shall be completed no later than six months from the date of the commissioner's
notification;
(2) develop, adopt, revise, and monitor a statewide transportation plan, taking into
account the suggestions and information submitted at the public hearings held pursuant to
clause (1). The plan shall incorporate all modes of transportation including bicycle
commutation and recreation and provide for the interconnection and coordination of different
modes of transportation. The commissioner shall evaluate all transportation programs and
facilities proposed for inclusion in the plan in terms of economic costs and benefits, safety
aspects, impact on present and planned land uses, environmental effects, energy efficiency,
national transportation policies and priorities, and availability of federal and other financial
assistance;
(3) based upon the statewide transportation plan, develop statewide transportation
priorities and schedule authorized public capital improvements and other authorized public
transportation expenditures pursuant to the priorities. As permitted by the federal Surface
Transportation Program and subject to available funding, the commissioner shall give serious
consideration to prioritizing for funding deleted text begin thosedeleted text end trunk highway projects in the metropolitan
area, as defined in section 473.121, subdivision 2, that are consistent with policies included
in the deleted text begin Metropolitan Council'sdeleted text end metropolitan development guide, transportation policy plan,
and regional development framework, and that have been awarded funding through the
federal Surface Transportation Program. In responding to an unforeseen, catastrophic event
affecting the state transportation system, the commissioner may, upon written notification
to the chairs of the senate and house of representatives committees with jurisdiction over
transportation policy and finance, prioritize projects without regard to availability of federal
funding; and
(4) complete the plan and priorities required by this subdivision no later than July 1,
1978. Upon completion of the plan and priorities, the commissioner shall prepare and
periodically revise, as necessary, the schedule of authorized public transportation
expenditures. The plan, priorities, and schedule are exempt from the provisions of the
Administrative Procedure Act.
Sec. 12.
Minnesota Statutes 2020, section 174.03, subdivision 4, is amended to read:
Subd. 4.
Other duties.
The commissioner shall:
(1) construct and maintain transportation facilities as authorized by law;
(2) cooperate with, and may provide technical and financial assistance to, the deleted text begin Metropolitan
Council anddeleted text end regional development commissions in the regional transportation planning
process, in accordance with mutually acceptable terms and conditions;
(3) cooperate with, and may provide planning and technical assistance upon the request
of, any political subdivision or other governmental agency in accordance with mutually
accepted terms and conditions, except as otherwise restricted by law; and
(4) develop, revise, and monitor a statewide rail transportation plan as part of the statewide
transportation planning process, including a study and evaluation of alternative methods
for insuring adequate and economical transportation of agricultural commodities, supplies,
and other goods to and from rural areas of the state. The plan shall include an analysis of
rail lines in the state for the purpose of determining (i) eligibility of rail lines for assistance
under federal and state rail assistance programs, (ii) eligibility of rail lines for inclusion in
the state rail bank, and (iii) the actions required by the state to insure the continuation of
rail service that meets essential state needs and objectives.
Sec. 13.
Minnesota Statutes 2020, section 174.03, subdivision 5, is amended to read:
Subd. 5.
Regional transportation planning.
The deleted text begin Metropolitan Council, pursuant to
section 473.146, and thedeleted text end regional development commissions shall develop regional long-range
transportation policy plans in cooperation with the commissioner and local units of
government. Upon promulgation of the statewide transportation plan, and periodically as
necessary thereafter, each regional policy plan shall be reviewed and amended, if necessary,
by the appropriate regional agency to insure that the regional policy plan is not in conflict
with the statewide transportation plan.
Sec. 14.
Minnesota Statutes 2020, section 174.03, subdivision 6a, is amended to read:
Subd. 6a.
Economic analysis of nonhighway alternatives.
If the commissioner considers
congestion pricing, tolls, mileage pricing, or public-private partnerships in order to meet
the transportation needs of commuters in the department's metropolitan district between
2001 and 2020, the commissioner shall, in cooperation with the deleted text begin Metropolitan Council and
thedeleted text end regional railroad authorities in the district, compare the economics of these financing
methods with the economics of nonhighway alternatives for moving commuters. The
commissioner shall analyze the economics as they relate to both individuals and to the
transportation system.
Sec. 15.
Minnesota Statutes 2020, section 174.04, subdivision 1, is amended to read:
Subdivision 1.
Review of application.
Any state agency which receives an application
from a regional development commission, deleted text begin metropolitan council,deleted text end public transit commission,
airport commission, port authority, or other political subdivision of the state, or any nonpublic
organization, for financial assistance for transportation planning, capital expenditures, or
operations to any state or federal agency, shall first submit the application to the
commissioner of transportation. The commissioner shall review the application to determine
whether it contains matters that substantially affect the statewide transportation plan and
priorities. If the application does not contain such matters, the commissioner shall within
15 days after receipt return the application to the applicant political subdivision or nonpublic
organization for forwarding to the appropriate agency. If the application contains such
matters, the commissioner shall review and comment on the application as being consistent
with the plan and priorities. The commissioner shall return the application together with
comments within 45 days after receipt to the applicant political subdivision or nonpublic
organization for forwarding with the commissioner's comments to the appropriate agency.
Sec. 16.
Minnesota Statutes 2020, section 174.04, subdivision 2, is amended to read:
Subd. 2.
Designated agent.
A regional development commission, deleted text begin metropolitan council,deleted text end
public transit commission, airport commission, port authority, or any other political
subdivision of the state, or any nonpublic organization, may designate the commissioner as
its agent to receive and disburse funds by entering into an agreement with the commissioner
prescribing the terms and conditions of the receipt and expenditure of the funds in accordance
with federal and state laws, rules, and regulations.
Sec. 17.
Minnesota Statutes 2020, section 174.247, is amended to read:
174.247 ANNUAL TRANSIT REPORT.
(a) By February 15 annually, the commissioner shall submit a report to the legislature
on transit services outside the metropolitan area. deleted text begin The Metropolitan Council anddeleted text end Any public
transit system receiving assistance under section 174.24 shall provide assistance in creating
the report, as requested by the commissioner.
(b) The report must include, at a minimum, the following:
(1) a descriptive overview of public transit in Minnesota;
(2) a descriptive summary of funding sources and assistance programs;
(3) a summary of each public transit system receiving assistance under section 174.24;
(4) data that identifies use of volunteers in providing transit service;
(5) financial data that identifies for each public transit system and for each transit system
classification under section 174.24, subdivision 3b:
(i) the operating and capital costs;
(ii) each of the funding sources used to provide financial assistance; and
(iii) for federal funds, the amount from each specific federal program under which
funding is provided;
(6) a summary of the differences in program implementation requirements and aid
recipient eligibility between federal aid and state sources of funds;
(7) in each odd-numbered year, an analysis of public transit system needs and operating
expenditures on an annual basis, which must include a methodology for identifying monetary
needs, and calculations of:
(i) the total monetary needs for all public transit systems, for the year of the report and
the ensuing five years;
(ii) the total expenditures from local sources for each transit system classification;
(iii) the comprehensive transit assistance percentage for each transit system classification,
which equals (A) the expenditures identified under item (ii), for a transit system classification,
divided by (B) the amounts identified under subitem (A), plus the sum of state sources of
funds plus federal funds provided to all transit systems in that classification; and
(iv) the amount of surplus or insufficient funds available for paying capital and operating
costs to fully implement the greater Minnesota transit investment plan under section 174.24,
subdivision 1a.
Sec. 18.
Minnesota Statutes 2020, section 174.285, subdivision 4, is amended to read:
Subd. 4.
Membership.
(a) The council is composed of the following deleted text begin 13deleted text end new text begin 12 new text end members:
(1) one representative from the Office of the Governor;
(2) one representative from the Council on Disability;
(3) one representative from the Minnesota Public Transit Association;
(4) the commissioner of transportation or a designee;
(5) the commissioner of human services or a designee;
(6) the commissioner of health or a designee;
deleted text begin
(7) the chair of the Metropolitan Council or a designee;
deleted text end
deleted text begin (8)deleted text end new text begin (7) new text end the commissioner of education or a designee;
deleted text begin (9)deleted text end new text begin (8) new text end the commissioner of veterans affairs or a designee;
deleted text begin (10)deleted text end new text begin (9) new text end one representative from the Board on Aging;
deleted text begin (11)deleted text end new text begin (10) new text end the commissioner of employment and economic development or a designee;
deleted text begin (12)deleted text end new text begin (11) new text end the commissioner of commerce or a designee; and
deleted text begin (13)deleted text end new text begin (12) new text end the commissioner of management and budget or a designee.
(b) All appointments required by paragraph (a) must be completed by August 1, 2010.
(c) The commissioner of transportation or a designee shall convene the first meeting of
the council within two weeks after the members have been appointed to the council. The
members shall elect a chair from their membership at the first meeting.
(d) The Department of Transportation and the Department of Human Services shall
provide necessary staff support for the council.
Sec. 19.
Minnesota Statutes 2020, section 174.30, subdivision 4, is amended to read:
Subd. 4.
Vehicle and equipment inspection; rules; decal; complaint contact
information; restrictions on name of service.
(a) The commissioner shall inspect or
provide for the inspection of vehicles at least annually. In addition to scheduled annual
inspections and reinspections scheduled for the purpose of verifying that deficiencies have
been corrected, unannounced inspections of any vehicle may be conducted.
(b) On determining that a vehicle or vehicle equipment is in a condition that is likely to
cause an accident or breakdown, the commissioner shall require the vehicle to be taken out
of service immediately. The commissioner shall require that vehicles and equipment not
meeting standards be repaired and brought into conformance with the standards and shall
require written evidence of compliance from the operator before allowing the operator to
return the vehicle to service. The commissioner may prohibit a vehicle from being placed
in or returned to service under a certificate of compliance until the vehicle fully complies
with all of the requirements in Minnesota Rules, chapter 8840.
(c) The commissioner shall provide in the rules procedures for inspecting vehicles,
removing unsafe vehicles from service, determining and requiring compliance, and reviewing
driver qualifications.
(d) The commissioner shall design a distinctive decal to be issued to special transportation
service providers with a current certificate of compliance under this section. A decal is valid
for one year from the last day of the month in which it is issued. A person who is subject
to the operating standards adopted under this section may not provide special transportation
service in a vehicle that does not conspicuously display a decal issued by the commissioner.
(e) All special transportation service providers shall pay an annual fee of $45 to obtain
a decal. Providers of ambulance service, as defined in section 144E.001, subdivision 3, are
exempt from the annual fee. Fees collected under this paragraph must be deposited in the
trunk highway fund, and are appropriated to the commissioner to pay for costs related to
administering the special transportation service program.
(f) Special transportation service providers shall prominently display in each vehicle deleted text begin alldeleted text end
contact information new text begin for the commissioner of transportation new text end for the submission of complaints
regarding the transportation services provided to deleted text begin thatdeleted text end new text begin annew text end individual. deleted text begin All vehicles providing
service under section 473.386 shall display contact information for the Metropolitan Council.
All other special transportation service vehicles shall display contact information for the
commissioner of transportation.
deleted text end
(g) Nonemergency medical transportation providers must comply with Minnesota Rules,
part 8840.5450, except that a provider may use the phrase "nonemergency medical
transportation" in its name or in advertisements or information describing the service.
Sec. 20.
Minnesota Statutes 2020, section 174.90, is amended to read:
174.90 COMMUTER RAIL OPERATION.
The commissioner may contract for operation of commuter rail facilities with deleted text begin the
Metropolitan Council or otherdeleted text end public or private entities and shall commence revenue service
after an appropriate period of start-up to ensure satisfactory performance. The commissioner
shall coordinate with transit providers to ensure integration of the commuter rail system
with bus and light rail transit service to avoid duplication of service and to ensure the greatest
access to commuter rail lines in suburban and urban areas.
Sec. 21.
Minnesota Statutes 2020, section 221.012, subdivision 38, is amended to read:
Subd. 38.
Small vehicle passenger service.
(a) "Small vehicle passenger service" means
a service provided by a person engaged in the for-hire transportation of passengers in a
vehicle designed to transport seven or fewer persons, including the driver.
(b) In the metropolitan area as defined in section 473.121, subdivision 2, "small vehicle
passenger service" also includes for-hire transportation of persons who are certified by the
deleted text begin Metropolitan Councildeleted text end new text begin commissioner new text end to use special transportation service provided under
section 473.386, in a vehicle designed to transport not more than 15 persons including the
driver, that is equipped with a wheelchair lift and at least three wheelchair securement
positions.
(c) Small vehicle passenger service does not include a motor carrier of railroad employees.
Sec. 22.
Minnesota Statutes 2020, section 221.022, is amended to read:
221.022 EXCEPTION.
The powers granted to the commissioner under sections 221.012 to 221.293 do not
include the power to deleted text begin regulate any service or vehicles operated by the Metropolitan Council
or todeleted text end register passenger transportation service provided under contract to the department deleted text begin or
the Metropolitan Councildeleted text end . A provider of passenger transportation service under contract to
the department deleted text begin or the Metropolitan Councildeleted text end may not also provide service as a motor carrier
of passengers without first having registered under section 221.0252.
Sec. 23.
Minnesota Statutes 2020, section 221.031, subdivision 3a, is amended to read:
Subd. 3a.
Contractor or recipient of transportation assistance.
(a) Notwithstanding
subdivision 3, providers of passenger transportation service under contract to and with
operating assistance from the department deleted text begin or the Metropolitan Council deleted text end must comply with
rules for driver qualifications; driving of motor vehicles; parts and accessories necessary
for safe operation; hours of service of drivers; inspection, repair, and maintenance; and the
rules adopted in section 221.0314, subdivision 8, for accident reporting.
(b) This subdivision does not apply to (1) a local transit commission, (2) a transit authority
created by the legislature, (3) special transportation service certified by the commissioner
under section 174.30, or (4) special transportation service defined in section 174.29,
subdivision 1, when provided by a volunteer driver operating a private passenger vehicle
defined in section 169.011, subdivision 52.
Sec. 24.
Minnesota Statutes 2021 Supplement, section 275.066, is amended to read:
275.066 SPECIAL TAXING DISTRICTS; DEFINITION.
For the purposes of property taxation and property tax state aids, the term "special taxing
districts" includes the following entities:
(1) watershed districts under chapter 103D;
(2) sanitary districts under sections 442A.01 to 442A.29;
(3) regional sanitary sewer districts under sections 115.61 to 115.67;
(4) regional public library districts under section 134.201;
(5) park districts under chapter 398;
(6) regional railroad authorities under chapter 398A;
(7) hospital districts under sections 447.31 to 447.38;
(8) St. Cloud Metropolitan Transit Commission under sections 458A.01 to 458A.15;
(9) Duluth Transit Authority under sections 458A.21 to 458A.37;
(10) regional development commissions under sections 462.381 to 462.398;
(11) housing and redevelopment authorities under sections 469.001 to 469.047;
(12) port authorities under sections 469.048 to 469.068;
(13) economic development authorities under sections 469.090 to 469.1081;
(14) Metropolitan deleted text begin Councildeleted text end new text begin Area Transit Boardnew text end under deleted text begin sections 473.123 to 473.549deleted text end new text begin section
473.446new text end ;
(15) Metropolitan Airports Commission under sections 473.601 to 473.679;
(16) Metropolitan Mosquito Control Commission under sections 473.701 to 473.716;
(17) Morrison County Rural Development Financing Authority under Laws 1982, chapter
437, section 1;
(18) Croft Historical Park District under Laws 1984, chapter 502, article 13, section 6;
(19) East Lake County Medical Clinic District under Laws 1989, chapter 211, sections
1 to 6;
(20) Floodwood Area Ambulance District under Laws 1993, chapter 375, article 5,
section 39;
(21) Middle Mississippi River Watershed Management Organization under sections
103B.211 and 103B.241;
(22) fire protection and emergency medical services special taxing districts under section
144F.01;
(23) a county levying under the authority of section 103B.241, 103B.245, or 103B.251;
(24) Southern St. Louis County Special Taxing District; Chris Jensen Nursing Home
under Laws 2003, First Special Session chapter 21, article 4, section 12;
(25) an airport authority created under section 360.0426; and
(26) any other political subdivision of the state of Minnesota, excluding counties, school
districts, cities, and towns, that has the power to adopt and certify a property tax levy to the
county auditor, as determined by the commissioner of revenue.
Sec. 25.
Minnesota Statutes 2020, section 297A.992, subdivision 4, is amended to read:
Subd. 4.
Joint powers board.
(a) The joint powers board must consist of one or more
commissioners of each county that is in the metropolitan transportation area, appointed by
its county board, deleted text begin and the chair of the Metropolitan Council,deleted text end who must have voting rights,
subject to subdivision 3, clause (4). The joint powers board has the powers and duties
provided in this section and section 471.59.
(b) The joint powers board may utilize no more than three-fourths of one percent of the
proceeds of the taxes imposed under this section for ordinary administrative expenses
incurred in carrying out the provisions of this section. Any additional administrative expenses
must be paid by the participating counties.
(c) The joint powers board may establish a technical advisory group that is separate from
the GEARS Committee. The group must consist of representatives of cities, counties, or
public agenciesdeleted text begin , including the Metropolitan Councildeleted text end . The technical advisory group must be
used solely for technical consultation purposes.
Sec. 26.
Minnesota Statutes 2020, section 297A.992, subdivision 5, is amended to read:
Subd. 5.
Grant application and awards; Grant Evaluation and Ranking System
(GEARS) Committee.
(a) The joint powers board shall establish a grant application process
and identify the amount of available funding for grant awards. Grant applications must be
submitted in a form prescribed by the joint powers board. An applicant must provide, in
addition to all other information required by the joint powers board, the estimated cost of
the project, the amount of the grant sought, possible sources of funding in addition to the
grant sought, and identification of any federal funds that will be utilized if the grant is
awarded. A grant application seeking transit capital funding must identify the source of
money necessary to operate the transit improvement.
(b) The joint powers board shall establish a timeline and procedures for the award of
grants, and may award grants only to the state and political subdivisions. The board shall
define objective criteria for the award of grantsdeleted text begin , which must include, but not be limited to,
consistency with the most recent version of the transportation policy plan adopted by the
Metropolitan Council under section 473.146deleted text end . The joint powers board shall maximize the
availability and use of federal funds in projects funded under this section.
(c) The joint powers board shall establish a GEARS Committee, which must consist of:
(1) one county commissioner from each county that is in the metropolitan transportation
area, appointed by its county board;
(2) one elected city representative from each county that is in the metropolitan
transportation area;new text begin and
new text end
(3) one additional elected city representative from each county for every additional
400,000 in population, or fraction of 400,000, in the county that is above 400,000 in
populationdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(4) the chair of the Metropolitan Council Transportation Committee.
deleted text end
(d) Each city representative must be elected at a meeting of cities in the metropolitan
transportation area, which must be convened for that purpose by the Association of
Metropolitan Municipalities.
(e) The committee shall evaluate grant applications following objective criteria established
by the joint powers board, and must provide to the joint powers board a selection list of
transportation projects that includes a priority ranking.
deleted text begin
(f) A grant award for a transit project located within the metropolitan area, as defined
in section 473.121, subdivision 2, may be funded only after the Metropolitan Council reviews
the project for consistency with the transit portion of the Metropolitan Council policy plan
and one of the following occurs:
deleted text end
deleted text begin
(1) the Metropolitan Council finds the project to be consistent;
deleted text end
deleted text begin
(2) the Metropolitan Council initially finds the project to be inconsistent, but after a
good faith effort to resolve the inconsistency through negotiations with the joint powers
board, agrees that the grant award may be funded; or
deleted text end
deleted text begin
(3) the Metropolitan Council finds the project to be inconsistent, and submits the
consistency issue for final determination to a panel, which determines the project to be
consistent. The panel is composed of a member appointed by the chair of the Metropolitan
Council, a member appointed by the joint powers board, and a member agreed upon by both
the chair and the joint powers board.
deleted text end
deleted text begin (g)deleted text end new text begin (f)new text end Grants must be funded by the proceeds of the taxes imposed under this section,
bonds, notes, or other obligations issued by the joint powers board under subdivision 7.
deleted text begin
(h) Notwithstanding the provisions of this section except subdivision 6a, of the revenue
collected under this section, the joint powers board shall allocate to the Metropolitan Council,
in fiscal years 2012 and 2013, an amount not less than 75 percent of the net cost of operations
for those transitways that were receiving metropolitan sales tax funds through an operating
grant agreement on June 30, 2011.
deleted text end
deleted text begin
(i) The Metropolitan Council shall expend any funds allocated under paragraph (h) for
the operations of the specified transitways solely within those counties that are in the
metropolitan transportation area.
deleted text end
deleted text begin
(j) Nothing in paragraph (h) or (i) prevents grant awards to the Metropolitan Council
for capital and operating assistance for transitways and park-and-ride facilities.
deleted text end
Sec. 27.
Minnesota Statutes 2020, section 398A.04, subdivision 2, is amended to read:
Subd. 2.
Railroad acquisition and operation.
The authority may plan, establish, acquire,
develop, construct, purchase, enlarge, extend, improve, maintain, equip, operate, regulate,
and protect railroads and railroad facilities, including but not limited to terminal buildings,
roadways, crossings, bridges, causeways, tunnels, equipment, and rolling stock. The authority
may not expend state or federal funds to engage in planning for or development of light rail
transit or commuter rail transit, unless this activity is consistent with a plan adopted by the
department of transportation under section 174.84 deleted text begin and a plan adopted by the metropolitan
council under section 473.399deleted text end , and is carried out pursuant to a memorandum of understanding
executed by the authority and the commissioner deleted text begin after appropriate consultation with the
metropolitan councildeleted text end .
Sec. 28.
Minnesota Statutes 2020, section 398A.04, subdivision 2a, is amended to read:
Subd. 2a.
Bus rapid transit development.
A regional rail authority may exercise the
powers conferred under this section to: plan, establish, acquire, develop, purchase, enlarge,
extend, improve, maintain, equip, regulate, and protect; and pay costs of construction and
operation of a bus rapid transit system located within its county on transitways deleted text begin included in
and approved by the Metropolitan Council's 2030 Transportation Policy Plandeleted text end . This
subdivision applies only to the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
Sec. 29.
Minnesota Statutes 2020, section 398A.04, subdivision 9, is amended to read:
Subd. 9.
Agreements.
The authority may enter into joint powers agreements under
section 471.59 or other agreements with the municipality or municipalities named in the
organization agreement; with other municipalities situated in the counties named in the
resolution, respecting the matters referred to in section 398A.06; with another authority; new text begin or
new text end with a state agencydeleted text begin ; or with the Metropolitan Councildeleted text end about any matter subject to this chapter.
Sec. 30.
Minnesota Statutes 2020, section 473.146, subdivision 4, is amended to read:
Subd. 4.
Transportation planning.
(a) The deleted text begin Metropolitan Council is the designateddeleted text end new text begin
commissioner and affected local governments shall cooperate to designate anew text end planning agency
for any long-range comprehensive transportation planning required by section 134 of the
Federal Highway Act of 1962, Section 4 of Urban Mass Transportation Act of 1964 and
Section 112 of Federal Aid Highway Act of 1973 and other federal transportation laws. The
deleted text begin councildeleted text end new text begin designated planning agencynew text end shall assure administration and coordination of
transportation planning with appropriate state, regional and other agencies, counties, and
municipalities.
(b) The deleted text begin councildeleted text end new text begin designated planning agencynew text end shall establish an advisory body consisting
of citizens and representatives of municipalities, counties, and state agencies in fulfillment
of the planning responsibilities of the deleted text begin councildeleted text end new text begin designated planning agencynew text end . The membership
of the advisory body must consist of:
(1) the commissioner of transportation or the commissioner's designee;
(2) the commissioner of the Pollution Control Agency or the commissioner's designee;
(3) one member of the Metropolitan Airports Commission appointed by the commission;
(4) one person appointed by the deleted text begin councildeleted text end new text begin commissionernew text end to represent nonmotorized
transportation;
(5) one person appointed by the commissioner deleted text begin of transportationdeleted text end to represent the freight
transportation industry;
(6) two persons appointed by the deleted text begin councildeleted text end new text begin commissionernew text end to represent public transit;
(7) ten elected officials of cities within the metropolitan area, including one representative
from each first-class city, appointed by the Association of Metropolitan Municipalities;
(8) one member of the county board of each county in the seven-county metropolitan
area, appointed by the respective county boards;
(9) eight citizens appointed by the deleted text begin councildeleted text end new text begin commissionernew text end , one from each deleted text begin council precinctdeleted text end new text begin
Metropolitan Airports Commission districtnew text end ;new text begin and
new text end
(10) one elected official from a city participating in the replacement service program
under section 473.388, appointed by the Suburban Transit Associationdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(11) one member of the council, appointed by the council.
deleted text end
(c) The deleted text begin councildeleted text end new text begin designated planning agencynew text end shall appoint a chair from among the members
of the advisory body.
Sec. 31.
Minnesota Statutes 2020, section 473.1466, is amended to read:
473.1466 TRANSPORTATION SYSTEM PERFORMANCE EVALUATION.
(a) Prior to each major revision of the transportation policy plan, the deleted text begin council
deleted text end new text begin commissioner of administration new text end must carry out a performance evaluation of the metropolitan
area's transportation system as a whole. The performance evaluation must:
(1) evaluate the area's ability to meet the need for effective and efficient transportation
of goods and people;
(2) evaluate trends and their impacts on the area's transportation system;
(3) assess the region's success in meeting the currently adopted regional transportation
benchmarks; and
(4) include an evaluation of the regional transit system, including a comparison with
peer metropolitan regions with regard to key operating and investment measurements.
(b) The deleted text begin council mustdeleted text end new text begin commissioner shall new text end update the evaluation of the regional transit
system every two years.
(c) The deleted text begin councildeleted text end new text begin commissioner new text end shall use the results of the performance evaluation to
make recommendations for improving the system in each revision of the transportation
policy plan.
(d) The deleted text begin council mustdeleted text end new text begin commissioner shall new text end conduct a peer review of the performance
evaluation using at least two nationally recognized transportation and transit consultants.
(e) The deleted text begin council mustdeleted text end new text begin commissioner shall new text end submit the performance evaluation to the chairs
and ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over transportation finance and policy.
Sec. 32.
Minnesota Statutes 2020, section 473.166, is amended to read:
473.166 CONTROLLED ACCESS; APPROVAL.
Before acquiring land for or constructing a controlled access highway in the area, deleted text begin the
state Transportation Department ordeleted text end new text begin a new text end local government unit proposing the acquisition or
construction shall submit to the deleted text begin councildeleted text end new text begin commissioner of transportation new text end a statement describing
the proposed project. The statement must be in the form and detail required by the deleted text begin councildeleted text end new text begin
commissionernew text end . The deleted text begin councildeleted text end new text begin commissioner of transportation, in cooperation with the
commissioner of administration, new text end shall review the statement to ascertain its consistency with
deleted text begin itsdeleted text end new text begin the new text end policy plan and the development guide. No project may be undertaken unless the
deleted text begin council determinesdeleted text end new text begin commissioners of transportation and administration determine new text end that it is
consistent with the policy plan. This approval is in addition to the requirements of any other
statute, ordinance or rule.
Sec. 33.
Minnesota Statutes 2020, section 473.167, subdivision 2, is amended to read:
Subd. 2.
Loans for acquisition.
(a) The deleted text begin councildeleted text end new text begin commissioner of transportation new text end may
make loans to counties, towns, and statutory and home rule charter cities within the
metropolitan area for the purchase of property within the right-of-way of a state trunk
highway shown on an official map adopted pursuant to section 394.361 or 462.359 or for
the purchase of property within the proposed right-of-way of a principal or intermediate
arterial highway designated by the deleted text begin councildeleted text end new text begin commissioner of transportation new text end as a part of the
metropolitan highway system plan and approved by the deleted text begin councildeleted text end new text begin commissioner of
administration new text end pursuant to section 473.166. The loans shall be made by the deleted text begin council
deleted text end new text begin commissioner of transportationnew text end , from the fund established pursuant to this subdivision, for
purchases approved by the deleted text begin councildeleted text end new text begin commissioner of transportationnew text end . The loans shall bear no
interest.
(b) The deleted text begin councildeleted text end new text begin commissioner of transportation new text end shall make loans only:
(1) to accelerate the acquisition of primarily undeveloped property when there is a
reasonable probability that the property will increase in value before highway construction,
and to update an expired environmental impact statement on a project for which the
right-of-way is being purchased;
(2) to avert the imminent conversion or the granting of approvals which would allow
the conversion of property to uses which would jeopardize its availability for highway
construction;
(3) to advance planning and environmental activities on highest priority major
metropolitan river crossing projects, under the transportation development guide
chapter/policy plan; or
(4) to take advantage of open market opportunities when developed properties become
available for sale, provided all parties involved are agreeable to the sale and funds are
available.
(c) The deleted text begin councildeleted text end new text begin commissioner of transportation new text end shall not make loans for the purchase
of property at a price which exceeds the fair market value of the property or which includes
the costs of relocating or moving persons or property. The eminent domain process may be
used to settle differences of opinion as to fair market value, provided all parties agree to the
process.
(d) A private property owner may elect to receive the purchase price either in a lump
sum or in not more than four annual installments without interest on the deferred installments.
If the purchase agreement provides for installment payments, the deleted text begin council deleted text end new text begin commissioner of
transportation new text end shall make the loan in installments corresponding to those in the purchase
agreement. The recipient of an acquisition loan shall convey the property for the construction
of the highway at the same price which the recipient paid for the property. The price may
include the costs of preparing environmental documents that were required for the acquisition
and that were paid for with money that the recipient received from the loan fund. Upon
notification by the deleted text begin councildeleted text end new text begin commissioner of transportation new text end that the plan to construct the
highway has been abandoned or the anticipated location of the highway changed, the recipient
shall sell the property at market value in accordance with the procedures required for the
disposition of the property. All rents and other money received because of the recipient's
ownership of the property and all proceeds from the conveyance or sale of the property shall
be paid to the deleted text begin councildeleted text end new text begin commissioner of transportationnew text end . If a recipient is not permitted to
include in the conveyance price the cost of preparing environmental documents that were
required for the acquisition, then the recipient is not required to repay the deleted text begin councildeleted text end
new text begin commissioner new text end an amount equal to 40 percent of the money received from the loan fund and
spent in preparing the environmental documents.
(e) The deleted text begin proceeds of the tax authorized by subdivision 3, alldeleted text end money paid to the deleted text begin councildeleted text end
new text begin commissioner of transportation new text end by recipients of loans, and all interest on the proceeds and
payments shall be maintained as a separate fund. For administration of the loan program,
the deleted text begin councildeleted text end new text begin commissioner of transportation new text end may expend from the fund each year an amount
no greater than three percent of the amount of the proceeds for that year.
Sec. 34.
Minnesota Statutes 2020, section 473.167, subdivision 2a, is amended to read:
Subd. 2a.
Loans for acquisition and relocation.
(a) The deleted text begin councildeleted text end new text begin commissioner of
transportation new text end may make loans to acquiring authorities within the metropolitan area to
purchase homestead property located in a proposed state trunk highway right-of-way or
project, and to provide relocation assistance. Acquiring authorities are authorized to accept
the loans and to acquire the property. Except as provided in this subdivision, the loans shall
be made as provided in subdivision 2. Loans shall be in the amount of the fair market value
of the homestead property plus relocation costs and less salvage value. Before construction
of the highway begins, the acquiring authority shall convey the property to the commissioner
of transportation at the same price it paid, plus relocation costs and less its salvage value.
Acquisition and assistance under this subdivision must conform to sections 117.50 to 117.56.
(b) The deleted text begin councildeleted text end new text begin commissioner of transportation new text end may make loans only when:
(1) the owner of affected homestead property requests acquisition and relocation
assistance from an acquiring authority;
(2) federal or new text begin other new text end state financial participation is not available;
(3) the owner is unable to sell the homestead property at its appraised market value
because the property is located in a proposed state trunk highway right-of-way or project
as indicated on an official map or plat adopted under section 160.085, 394.361, or 462.359;
and
(4) the deleted text begin councildeleted text end new text begin commissioner of transportation new text end agrees to and approves the fair market
value of the homestead property, which approval shall not be unreasonably withheld.
(c) For purposes of this subdivision, the following terms have the meanings given them.
(1) "Acquiring authority" means counties, towns, and statutory and home rule charter
cities in the metropolitan area.
(2) "Homestead property" means: (i) a single-family dwelling occupied by the owner,
and the surrounding land, not exceeding a total of ten acres; or (ii) a manufactured home,
as defined in section 327B.01, subdivision 13.
(3) "Salvage value" means the probable sale price of the dwelling and other property
that is severable from the land if offered for sale on the condition that it be removed from
the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge
of the possible uses of the property, including separate use of serviceable components and
scrap when there is no other reasonable prospect of sale.
Sec. 35.
Minnesota Statutes 2020, section 473.168, subdivision 2, is amended to read:
Subd. 2.
Exclusive lanes; multipassenger transit.
The deleted text begin Metropolitan Council
deleted text end new text begin commissioner of transportation new text end may require that any freeway constructed in the metropolitan
area on which actual construction has not been commenced by April 12, 1974 include
provisions for exclusive lanes for buses and, as the deleted text begin councildeleted text end new text begin commissioner of transportation
new text end may determine, other forms of multipassenger transit. The deleted text begin council deleted text end new text begin commissioner of
transportationnew text end , in making its determination, must demonstrate that the exclusive lanes are
necessary to implement the transportation policy plan of the development guide.
Sec. 36.
Minnesota Statutes 2020, section 473.223, is amended to read:
473.223 FEDERAL AID.
For the purposes of this section the term "governmental subdivision" includes
municipalities, counties and other political subdivisions generally. If federal aid for
transportation programs and projects is otherwise unavailable to an existing agency or
governmental subdivision, the deleted text begin Metropolitan Councildeleted text end new text begin commissioner of transportation new text end may
cooperate with the government of the United States and any agency or department thereof
and the affected agency or other governmental subdivision in establishing metropolitan area
eligibility to receive federal aid, and may comply with the provisions of the laws of the
United States and any rules and regulations made thereunder for the expenditure of federal
moneys upon such projects as are proposed for federal assistance. The deleted text begin Metropolitan Councildeleted text end
new text begin commissioner of transportation new text end may accept federal aid and other aid, either public or private,
for and in behalf of the metropolitan area or any governmental subdivision of the state, for
transportation programs and projects within the metropolitan area upon such terms and
conditions as are or may be prescribed by the laws of the United States and any rules or
regulations made thereunder, and is authorized to act as agent of any governmental
subdivision of the state with jurisdiction in the metropolitan area upon request of such
subdivision in accepting the aid in its behalf for such programs or projects financed either
in whole or in part by federal aid. The governing body of any such subdivision is authorized
to designate the deleted text begin Metropolitan Councildeleted text end new text begin commissioner of transportation new text end as its agent for such
purposes and to enter into an agreement with the deleted text begin councildeleted text end new text begin commissioner of transportation
new text end prescribing the terms and conditions of the agency relationship in accordance with state and
federal laws, rules and regulations. The deleted text begin Metropolitan Councildeleted text end new text begin commissioner of transportation
new text end is authorized to designate an appropriate state agency as its agent for such purposes and to
enter into an agreement with such agency prescribing the terms and conditions of the agency
relationship in accordance with state and federal laws, rules and regulations.
Nothing contained herein shall limit any separate authority of agencies or governmental
subdivisions of the state to contract for and receive federal aid.
Sec. 37.
new text begin
[473.37] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of transportation
for the purposes of sections 473.371 to 473.452.
new text end
new text begin Subd. 2. new text end
new text begin Department. new text end
new text begin
"Department" means the Department of Transportation for the
purposes of sections 473.371 to 473.452.
new text end
Sec. 38.
Minnesota Statutes 2020, section 473.375, is amended to read:
473.375 POWERS AND DUTIES OF deleted text begin COUNCILdeleted text end new text begin COMMISSIONERnew text end ; ADVISORY
COMMITTEE.
Subd. 9a.
Transportation Accessibility Advisory Committee.
The deleted text begin council deleted text end new text begin commissioner
new text end shall establish a Transportation Accessibility Advisory Committee consisting of 15 members
and a chair to advise the deleted text begin councildeleted text end new text begin commissioner new text end on the development and management of
policies regarding accessibility of all aspects of fixed regular route and special transportation
services for persons with disabilities. The Transportation Accessibility Advisory Committee
shall also advise the deleted text begin council deleted text end new text begin commissioner new text end on long-range plans to meet the accessible
transportation needs of the disability community. The Transportation Accessibility Advisory
Committee must include elderly persons, persons with disabilities, other users of special
transportation services, and representatives of appropriate agencies for elderly persons and
persons with disabilities. At least half the Transportation Accessibility Advisory Committee
members must be persons who are both ADA-certified and users of public transit in the
metropolitan area. Two of the appointments to the Transportation Accessibility Advisory
Committee must be made by the Council on Disability deleted text begin in consultation with the chair of the
Metropolitan Councildeleted text end .
Subd. 11.
Ride sharing.
The deleted text begin councildeleted text end new text begin commissioner new text end shall administer a ride-sharing
program in the metropolitan area, deleted text begin except for thedeleted text end new text begin including a new text end statewide vanpool leasing
program deleted text begin conducted by the commissioner of transportation and shall cooperate with the
commissioner in the conduct of ride-sharing activities in areas where the commissioner's
programs and the council's program overlapdeleted text end . The deleted text begin councildeleted text end new text begin commissioner new text end may contract for
services in operating the program.
Subd. 12.
Assistance.
The deleted text begin councildeleted text end new text begin commissioner new text end shall offer, use, and apply deleted text begin itsdeleted text end new text begin the
department's new text end services to assist and advise transit providers in the metropolitan transit area
in the planning, promotion, development, operation, and evaluation of programs and projects
which are undertaken or proposed to be undertaken deleted text begin by contract with the council, deleted text end and shall
seek out and select recipients of this assistance and advice.
Subd. 13.
Financial assistance.
The deleted text begin councildeleted text end new text begin commissioner new text end may provide financial
assistance to public transit providers as provided in sections 473.371 to 473.449. deleted text begin The council
may not use the proceeds of bonds issued under section 473.39 to provide capital assistance
to private, for-profit operators of public transit, unless the operators provide service under
a contract with the council, the former regional transit board, or recipients of financial
assistance under sections 473.371 to 473.449.
deleted text end
No political subdivision within the metropolitan area may apply for federal transit
assistance unless its application has been submitted to and approved by the deleted text begin council
deleted text end new text begin commissionernew text end .
Subd. 14.
Coordination.
The deleted text begin councildeleted text end new text begin commissioner new text end shall coordinate transit operations
within the metropolitan area and shall establish a transit information program to provide
transit users with accurate information on transit schedules and service.
Subd. 15.
Performance standards.
The deleted text begin councildeleted text end new text begin commissioner new text end may establish performance
standards for recipients of financial assistance.
Sec. 39.
Minnesota Statutes 2020, section 473.384, is amended to read:
473.384 CONTRACTS.
Subdivision 1.
Contracts required.
The deleted text begin councildeleted text end new text begin commissioner new text end shall make contracts
with eligible recipients for financial assistance to transit service within the metropolitan
area. The deleted text begin councildeleted text end new text begin commissioner new text end may not give financial assistance to another transit provider
without first having executed a contract. The provisions of this section do not apply to
contracts made under deleted text begin sectionsdeleted text end new text begin section new text end 473.386 deleted text begin and 473.388deleted text end .
Subd. 2.
Eligibility.
To be eligible to receive financial assistance by contract under this
section a recipient must be:
(a) a county, statutory or home rule charter city or town or combination thereof, or public
authority organized and existing pursuant to chapter 398A, providing financial assistance
to or providing or operating public transit; deleted text begin or
deleted text end
(b) a private provider of public transitnew text begin ; or
new text end
new text begin (c) a transit provider formerly under contract with one or more local government units
to provide replacement service under the replacement service program established in Laws
1984, chapter 654, article 3, section 123new text end .
Subd. 3.
Applications.
The deleted text begin councildeleted text end new text begin commissioner new text end shall establish procedures and standards
for review and approval of applications for financial assistance under this section. An
applicant must provide the deleted text begin councildeleted text end new text begin commissioner new text end with the financial and other information
the deleted text begin councildeleted text end new text begin commissioner new text end requires to carry out deleted text begin itsdeleted text end new text begin the commissioner's new text end duties. The deleted text begin councildeleted text end
new text begin commissioner new text end may specify procedures, including public hearing requirements, to be followed
by applicants that are cities, towns, or counties or combinations thereof in conducting transit
studies and formulating service plans under subdivisions 4 and 5.
Subd. 4.
Transit study.
The deleted text begin councildeleted text end new text begin commissioner new text end shall require that prior to applying
for financial assistance by contract under clause (a) of subdivision 2, the applicant must
prepare and submit a transit study which includes the following elements:
(a) a determination of existing and future transit needs within the area to be served, and
an assessment of the adequacy of existing service to meet the needs;
(b) an assessment of the level and type of service required to meet unmet needs;
(c) an assessment of existing and future resources available for the financing of transit
service; and
(d) the type or types of any new government arrangements or agreements needed to
provide adequate service.
The transit study for any applicant may be done by the deleted text begin councildeleted text end new text begin commissionernew text end .
Subd. 5.
Service plan.
The deleted text begin councildeleted text end new text begin commissioner new text end shall, before making a contract with
an eligible recipient, require the submission of a service plan which includes the following
elements:
(a) a description of the service proposed for financial assistance, including vehicles,
routes, and schedules;
(b) an assessment of the extent to which the proposed service meets the needs as
determined by the transit study;
(c) a description of the contract administration and review process if the operation of
the proposed service is to be done by a private contractor;
(d) a description of the amount required to establish and operate the proposed service
and the proposed sources of the required amount including operating revenue, other local
sources, and assistance from the deleted text begin councildeleted text end new text begin commissioner new text end and from federal sources;
(e) the fare structure of the proposed service; and
(f) projections of usage of the system.
The deleted text begin councildeleted text end new text begin commissioner new text end may specify procedures, including public hearing requirements,
to be followed by applicants that are cities, towns, or counties or combinations thereof in
conducting transit studies and formulating service plans.
Subd. 6.
Financial assistance for certain providers.
The deleted text begin councildeleted text end new text begin commissioner new text end shall
provide financial assistance to recipients who were receiving assistance by contract with
the commissioner of transportation under Minnesota Statutes 1982, section 174.24,
subdivision 3, on July 1, 1984, so that the percentage of total operating cost, as defined by
the deleted text begin councildeleted text end new text begin commissionernew text end , paid by the recipient from all local sources of revenue, including
operating revenue, does not exceed the percentage for the recipient's classification as
determined by the commissioner deleted text begin of transportationdeleted text end under the commissioner's final contract
with the recipient. The remainder of the total operating cost must be paid by the deleted text begin council
deleted text end new text begin commissioner new text end less all assistance received by the recipient for that purpose from any federal
source.
If a recipient informs the deleted text begin councildeleted text end new text begin commissioner new text end in writing prior to the distribution of
financial assistance for any year that paying its designated percentage of total operating
cost from local sources will cause undue hardship, the deleted text begin councildeleted text end new text begin commissioner new text end may adjust
the percentage as it deems equitable. If for any year the funds available to the deleted text begin council
deleted text end new text begin commissioner new text end are insufficient to allow the deleted text begin councildeleted text end new text begin commissioner new text end to pay its share of total
operating cost for those recipients, the deleted text begin councildeleted text end new text begin commissioner new text end shall reduce its share in each
classification to the extent necessary.
Subd. 7.
Transit operations impact assessment.
Prior to entering into a contract for
operating assistance with a recipient, the deleted text begin councildeleted text end new text begin commissioner new text end shall evaluate the effect, if
any, of the contract on the ridership, routes, schedules, fares, and staffing levels of the
existing and proposed service provided by the deleted text begin councildeleted text end new text begin commissionernew text end . The deleted text begin councildeleted text end
new text begin commissioner new text end may enter into the contract only if it determines that the service to be assisted
under the contract will not impose an undue hardship on the ridership or financial condition
of the deleted text begin council'sdeleted text end new text begin commissioner's new text end transit operations. The requirements of this subdivision do
not apply to contracts for assistance to recipients who, as part of a negotiated cost-sharing
arrangement with the deleted text begin councildeleted text end new text begin commissionernew text end , pay a substantial part of the cost of services
that directly benefit the recipient as an institution or organization.
Subd. 8.
Paratransit contracts.
In executing and administering contracts for paratransit
projects, the deleted text begin councildeleted text end new text begin commissioner new text end has the powers and duties deleted text begin given to the commissioner of
transportationdeleted text end new text begin specified new text end in section 174.255, subdivisions 1 and 2, relating to disability
accessibility and insurance coverage. The provisions of section 174.255, subdivision 3,
apply to paratransit projects which receive assistance by contract with the deleted text begin councildeleted text end new text begin
commissionernew text end .
Sec. 40.
Minnesota Statutes 2020, section 473.385, is amended to read:
473.385 TRANSIT SERVICE AREAS.
Subdivision 1.
Definitions.
(a) "Fully developed service area" means the fully developed
area, as defined in the deleted text begin Metropolitan Council'sdeleted text end development guidenew text begin prepared by the
commissioner of administrationnew text end , plus the cities of Mendota Heights, Maplewood, North St.
Paul, and Little Canada.
(b) "Regular route transit" has the meaning given it in section 174.22, subdivision 8,
except that, for purposes of this section, the term does not include services on fixed routes
and schedules that are primarily intended to provide circulator service within a community
or adjacent communities rather than feeder service to the system of metropolitan regular
route transit operated by the deleted text begin councildeleted text end new text begin commissioner of transportationnew text end .
Subd. 2.
Service areas.
The deleted text begin councildeleted text end new text begin commissioner new text end may provide financial assistance
(whether directly or through another entity) to private, for-profit operators of public transit
only for the following services:
(1) services that are not regular route services;
(2) regular route services provided on June 2, 1989, by a private, for-profit operator
under contract with the former regional transit board or under a certificate of convenience
and necessity issued by the commissioner of transportation;
(3) regular route services outside of the fully developed service area that are not operated
on June 2, 1989, by the former Metropolitan Transit Commission;
deleted text begin
(4) regular route services provided under section 473.388;
deleted text end
deleted text begin (5)deleted text end new text begin (4) new text end regular route services to recipients who, as part of a negotiated cost-sharing
arrangement with the deleted text begin councildeleted text end new text begin commissionernew text end , pay at least 50 percent of the cost of the service
that directly benefits the recipient as an institution or organization; or
deleted text begin (6)deleted text end new text begin (5) new text end regular route services that will not be operated for a reasonable subsidy by the
deleted text begin councildeleted text end new text begin commissionernew text end .
Sec. 41.
Minnesota Statutes 2020, section 473.386, as amended by Laws 2021, First Special
Session chapter 5, article 4, sections 113 and 114, is amended to read:
473.386 SPECIAL TRANSPORTATION SERVICE.
Subdivision 1.
Service objectives.
The deleted text begin councildeleted text end new text begin commissionernew text end shall implement a special
transportation service, as defined in section 174.29, in the metropolitan area. The service
has the following objectives:
(a) to provide greater access to transportation for the elderly, people with disabilities,
and others with special transportation needs in the metropolitan area;
(b) to develop an integrated system of special transportation service providing
transportation tailored to meet special individual needs in the most cost-efficient manner;
and
(c) to use existing public, private, and private nonprofit providers of service when feasible
and cost-efficient, to supplement rather than replace existing service, and to increase the
productivity of all special transportation vehicles available in the area.
Subd. 2.
Service contracts; management.
(a) The deleted text begin councildeleted text end new text begin commissionernew text end may contract
for services necessary for the provision of special transportation. Transportation service
provided under a contract must specify the service to be provided, the standards that must
be met, and the rates for operating and providing special transportation services.
(b) The deleted text begin councildeleted text end new text begin commissionernew text end shall establish management policies for the service and
may contract with a service administrator for day-to-day administration and management
of the service. Any contract must delegate to the service administrator clear authority to
administer and manage the delivery of the service pursuant to deleted text begin councildeleted text end new text begin departmentnew text end
management policies and must establish performance and compliance standards for the
service administrator. The deleted text begin councildeleted text end new text begin commissionernew text end may provide directly day to day
administration and management of the service and may own or lease vehicles used to provide
the service.
(c) The deleted text begin councildeleted text end new text begin commissionernew text end shall ensure that the service administrator establishes a
system for registering and expeditiously responding to complaints by users, informing users
of how to register complaints, and requiring providers to report on incidents that impair the
safety and well-being of users or the quality of the service.
(d) The deleted text begin councildeleted text end new text begin commissionernew text end shall report on deleted text begin itsdeleted text end new text begin the department'snew text end special transportation
services as part of the program evaluation provided for in section 473.13, subdivision 1a.
(e) The deleted text begin councildeleted text end new text begin commissionernew text end shall provide, on an annual basis, an opportunity for users
and other interested persons to provide testimony to the deleted text begin councildeleted text end new text begin commissionernew text end concerning
services provided under this section.
Subd. 2a.
Eligibility application and verification; penalty for fraudulent
certification.
(a) If the deleted text begin councildeleted text end new text begin commissionernew text end requires a person to be certified as eligible
for special transportation services, an applicant for certification must submit an application
form and the applicant's eligibility must be verified by a type of professional specified by
the deleted text begin councildeleted text end new text begin commissionernew text end . The deleted text begin councildeleted text end new text begin commissionernew text end shall:
(1) require the applicant to sign the application form and certify that the application
information is accurate; and
(2) require the person verifying the applicant's eligibility to sign the eligibility verification
form and certify that the verifying information is accurate.
(b) The penalty provided for in section 174.295, subdivision 4, applies to the certifications
by the applicant and the person verifying the applicant's eligibility. The deleted text begin councildeleted text end new text begin commissionernew text end
must include a notice of the penalty for fraudulent certification in the application form and
the eligibility verification form.
Subd. 3.
Duties of deleted text begin councildeleted text end new text begin commissionernew text end .
In implementing the special transportation
service, the deleted text begin councildeleted text end new text begin commissionernew text end must:
(1) encourage participation in the service by public, private, and private nonprofit
providers of special transportation currently receiving capital or operating assistance from
a public agency;
(2) when feasible and cost-efficient, contract with public, private, and private nonprofit
providers that have demonstrated their ability to effectively provide service at a reasonable
cost;
(3) encourage individuals using special transportation to use the type of service most
appropriate to their particular needs;
(4) encourage shared rides to the greatest extent practicable;
(5) encourage public agencies that provide transportation to eligible individuals as a
component of human services and educational programs to coordinate with this service and
to allow reimbursement for transportation provided through the service at rates that reflect
the public cost of providing that transportation;
(6) establish criteria to be used in determining individual eligibility for special
transportation services;
(7) consult with the Transportation Accessibility Advisory Committee in a timely manner
before changes are made in the provision of special transportation services;
(8) provide for effective administration and enforcement of deleted text begin councildeleted text end new text begin departmentnew text end policies
and standards; and
(9) ensure that, taken as a whole including contracts with public, private, and private
nonprofit providers, the geographic coverage area of the special transportation service is
continuous within the boundaries of the deleted text begin transit taxing district, as defined as of March 1,
2006, in section 473.446, subdivision 2,deleted text end new text begin metropolitan areanew text end and any area added to the transit
taxing district under section 473.4461 that received capital improvements financed in part
under the United States Department of Transportation Urban Partnership Agreement program.
Subd. 4.
Coordination required.
The deleted text begin councildeleted text end new text begin commissionernew text end may not grant any financial
assistance to any recipient that proposes to use any part of the grant to provide special
transportation service in the metropolitan area unless the program is coordinated with the
deleted text begin council'sdeleted text end new text begin commissioner'snew text end special transportation service in the manner determined by the
deleted text begin councildeleted text end new text begin commissionernew text end . The deleted text begin councildeleted text end new text begin commissionernew text end is not required to provide funding for
transportation services from a residence to a service site and home again when the services
are used by individuals in conjunction with their participation in human service
developmental achievement center programs in which transportation to and from the program
is a required and funded component of those programs.
Subd. 5.
Equitable allocation and annual reallocation.
The deleted text begin councildeleted text end new text begin commissionernew text end
shall distribute all available funding under this section in a manner designed to achieve an
equitable allocation of special transportation services based on the proportion of the number
of elderly, disabled, or economically disadvantaged individuals with special transportation
needs who actually use the special transportation service.
Subd. 6.
Operating and service standards.
A person operating or assisting the operation
of a vehicle may leave the vehicle to enter premises in order to help a passenger who does
not require emergency ambulance service. Operators and assistants shall provide the help
necessary for door-through-door service, including help in entering and leaving the vehicle
and help through the exterior entrance and over any exterior steps at either departure or
destination buildings, provided that both the steps and the wheelchair are in good repair. If
an operator or assistant refuses help because of the condition of the steps or the wheelchair,
the operator of the service shall send letters to the service administrator designated by the
deleted text begin councildeleted text end new text begin commissionernew text end , who shall notify the person denied service describing the corrective
measures necessary to qualify for service.
Subd. 8.
Vehicle title transfer; conditions.
The deleted text begin Metropolitan Councildeleted text end new text begin commissionernew text end
may transfer to a special transportation service provider or a provider of taxi services the
title to a vehicle formerly used to provide special transportation service under this section.
If the deleted text begin councildeleted text end new text begin commissionernew text end transfers title to a provider of taxi services, it may do so only
to a provider of taxi services that is licensed by a city whose taxi licensing ordinance requires
(1) criminal background checks and annual driving record checks for drivers, and (2)
inspection of vehicles at least annually.
Subd. 9.
Fares.
The deleted text begin councildeleted text end new text begin commissionernew text end must establish fares for special transportation
services in accordance with federal law. The deleted text begin councildeleted text end new text begin commissionernew text end must use all fares
collected for special transportation services exclusively for purposes related to special
transportation services.
Subd. 10.
Forecasted funding.
(a) For purposes of this subdivision, "biennium" and
"fiscal year" have the meanings given in section 16A.011, subdivisions 6 and 14, respectively.
(b) In each February and November forecast of state revenues and expenditures under
section 16A.103, the commissioner of management and budget must incorporate a state
obligation from the general fund for the annual net costs to the deleted text begin councildeleted text end new text begin commissionernew text end to
implement the special transportation service under this section. Notwithstanding section
16A.11, subdivision 3, the appropriation base in each fiscal year of the upcoming biennium
is as determined in this subdivision.
(c) The commissioner must determine net costs under paragraph (b) as:
(1) the amount necessary to:
(i) maintain service levels accounting for expected demand, including service area, hours
of service, ride scheduling requirements, and fares per deleted text begin councildeleted text end new text begin commissionernew text end policy;
(ii) maintain the general existing condition of the special transportation service bus fleet,
including bus maintenance and replacement; and
(iii) meet the requirements of this section; plus
(2) the amount of forecast adjustments, as determined by the commissioner of
management and budget in consultation with the deleted text begin councildeleted text end new text begin commissionernew text end , necessary to match
(i) actual special transportation service program costs in the prior fiscal year, and (ii) adjusted
program costs forecasted for the second year of the current biennium, for a forecast prepared
in the first year of the biennium; less
(3) funds identified for the special transportation service from nonstate sources.
(d) In conjunction with each February and November forecast, the deleted text begin councildeleted text end new text begin commissionernew text end
must submit a financial review of the special transportation service to the chairs and ranking
minority members of the legislative committees with jurisdiction over transportation policy
and finance and to the commissioner of management and budget. At a minimum, the financial
review must include:
(1) a summary of special transportation service sources of funds and expenditures for
the prior two fiscal years and each fiscal year of the forecast period, which must include:
(i) a breakout by expenditures categories; and
(ii) information that is sufficient to identify a conversion between state fiscal years and
the fiscal years of the deleted text begin councildeleted text end new text begin commissionernew text end ;
(2) details on cost assumptions used in the forecast;
(3) information on ridership and farebox recovery rates for the prior two fiscal years
and each fiscal year of the forecast period;
(4) identification of the amount of appropriations necessary for any forecast adjustments
as identified under paragraph (d); and
(5) information as prescribed by the commissioner.
Sec. 42.
Minnesota Statutes 2020, section 473.387, subdivision 2, is amended to read:
Subd. 2.
Administration.
The deleted text begin councildeleted text end new text begin commissioner new text end shall design and administer the
programs under this section. The deleted text begin councildeleted text end new text begin commissioner new text end may request proposals for projects
to demonstrate methods of achieving the purposes of programs administered under this
section. The deleted text begin councildeleted text end new text begin commissioner new text end shall design or ensure the design of programs that will
provide better access for the targeted service groups to places of employment and activity
throughout the metropolitan area, using regular route transit, paratransit, taxis, car or van
pools, or other means of conveyance. The deleted text begin councildeleted text end new text begin commissioner new text end may organize the services
by providing to individuals, directly or indirectly, reduced fares or passes on public transit
or vouchers to be used to purchase transportation; by contracting with public and private
providers; by arrangements with government agencies, civic and community organizations
or nonprofit groups providing assistance to the targeted service groups; by arrangements
with prospective employers, with employment, education, retail, medical, or other activity
centers, or with local governments; or by any other methods designed to improve service
and reduce costs to the targeted service groups.
Sec. 43.
Minnesota Statutes 2020, section 473.387, subdivision 3, is amended to read:
Subd. 3.
Job seekers.
The deleted text begin councildeleted text end new text begin commissioner new text end shall establish a program and policies
to increase the availability and utility of public transit services and reduce transportation
costs for persons who are seeking employment and who lack private means of transportation.
Sec. 44.
Minnesota Statutes 2020, section 473.387, subdivision 4, is amended to read:
Subd. 4.
Transit disadvantaged.
The deleted text begin councildeleted text end new text begin commissioner new text end shall establish a program
and policies to reduce transportation costs for persons who are, because of limited incomes,
age, disability, or other reasons, especially dependent on public transit for common mobility.
Sec. 45.
Minnesota Statutes 2020, section 473.3875, is amended to read:
473.3875 TRANSIT FOR LIVABLE COMMUNITIES.
The deleted text begin councildeleted text end new text begin commissioner new text end shall establish a transit for livable communities demonstration
program fund. The deleted text begin councildeleted text end new text begin commissioner new text end shall adopt guidelines for selecting and evaluating
demonstration projects for funding. The selection guidelines must include provisions
evaluating projects:
(1) interrelating development or redevelopment and transit;
(2) interrelating affordable housing and employment growth areas;
(3) helping intensify land use that leads to more compact development or redevelopment;
(4) coordinating school transportation and public transit service;new text begin or
new text end
(5) implementing recommendations of the transit redesign plandeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(6) otherwise promoting the goals of the Metropolitan Livable Communities Act.
deleted text end
Sec. 46.
Minnesota Statutes 2020, section 473.39, subdivision 1, is amended to read:
Subdivision 1.
General authority.
The deleted text begin councildeleted text end new text begin Metropolitan Area Transit Board
established in section 473.446, subdivision 1c,new text end may issue general obligation bonds subject
to the volume limitations in this section to provide funds to implement the deleted text begin council'sdeleted text end transit
capital improvement program new text begin for the metropolitan area new text end and may issue general obligation
bonds not subject to the limitations for the refunding of outstanding bonds or certificates
of indebtedness of the new text begin former Metropolitan new text end Council, the former regional transit board or
the former metropolitan transit commission, and judgments against the former regional
transit board or the former metropolitan transit commission or the new text begin former Metropolitan
new text end Council. The deleted text begin councildeleted text end new text begin Metropolitan Area Transit Boardnew text end may not issue obligations pursuant
to this subdivision, other than refunding bonds, in excess of the amount specifically
authorized by law. Except as otherwise provided in sections 473.371 to 473.449, the deleted text begin councildeleted text end new text begin
boardnew text end shall provide for the issuance, sale, and security of the bonds in the manner provided
in chapter 475, and has the same powers and duties as a municipality issuing bonds under
that law, except that no election is required and the net debt limitations in chapter 475 do
not apply to the bonds. The obligations are not a debt of the state or any municipality or
political subdivision within the meaning of any debt limitation or requirement pertaining
to those entities. Neither the state, nor any municipality or political subdivision except the
deleted text begin councildeleted text end new text begin Metropolitan Area Transit Boardnew text end , nor any member or officer or employee of the
deleted text begin councildeleted text end new text begin boardnew text end , is liable on the obligations. The obligations may be secured by taxes levied
without limitation of rate or amount upon all taxable property in the transit taxing district
and transit area as provided in section 473.446, subdivision 1, paragraph (a). As part of its
levy made under section 473.446, subdivision 1, paragraph (a), the deleted text begin councildeleted text end new text begin Metropolitan
Area Transit Boardnew text end shall levy the amounts necessary to provide full and timely payment of
the obligations and transfer the proceeds to the appropriate council account for payment of
the obligations. The taxes must be levied, certified, and collected in accordance with the
terms and conditions of the indebtedness.
Sec. 47.
Minnesota Statutes 2020, section 473.39, subdivision 2, is amended to read:
Subd. 2.
Legal investments.
Certificates of indebtedness, bonds, or other obligations
issued deleted text begin by the councildeleted text end new text begin under this section new text end to which tax levies have been pledged pursuant to
section 473.446, are proper for investment of any funds by a bank, savings bank, savings
association, credit union, trust company, insurance company, or public or municipal
corporation, and may be pledged by any bank, savings bank, savings association, credit
union, or trust company as security for the deposit of public money.
Sec. 48.
Minnesota Statutes 2020, section 473.39, subdivision 2a, is amended to read:
Subd. 2a.
Uses of investment income.
Interest or other investment earnings on the
proceeds of bonds issued under this section and on a debt service account for bonds issued
under this section must be used only to:
(1) pay capital expenditures and related expenses for which the obligations were
authorized by this section;
(2) to pay debt service on the obligations or to reduce the deleted text begin council'sdeleted text end property tax levy
imposed to pay debt service on obligations issued under this section;
(3) pay rebate or yield reduction payments for the bonds to the United States;
(4) redeem or purchase the bonds; or
(5) make other payments with respect to the bonds that are necessary or desirable to
comply with federal tax rules applicable to the bonds or to comply with covenants made
with respect to the bonds.
Sec. 49.
Minnesota Statutes 2020, section 473.39, subdivision 5, is amended to read:
Subd. 5.
Anticipation of grants.
In addition to other authority granted in this section,
the deleted text begin councildeleted text end new text begin Metropolitan Area Transit Board new text end may exercise the authority granted to an issuing
political subdivision by section 475.522.
Sec. 50.
Minnesota Statutes 2020, section 473.391, is amended to read:
473.391 ROUTE PLANNING AND SCHEDULING.
Subdivision 1.
Contracts.
The deleted text begin councildeleted text end new text begin commissioner new text end may contract with other operators
or local governments for route planning and scheduling services in any configuration of
new or reconfiguration of existing transit services and routes.
Subd. 2.
Route elimination; service reduction.
The deleted text begin councildeleted text end new text begin commissioner new text end shall, before
making a determination to eliminate or reduce service on existing transit routes, consider:
(1) the level of subsidy per passenger on each route;
(2) the availability and proximity of alternative transit routes; and
(3) the percentage of transit dependent riders, including youth, elderly, low-income, and
disabled riders currently using each route.
Sec. 51.
Minnesota Statutes 2020, section 473.3925, is amended to read:
473.3925 BUS PURCHASES.
The deleted text begin Metropolitan Councildeleted text end new text begin commissionernew text end , in preparing bid specifications for bus
purchases, shall ensure that the specifications conform, to the greatest extent practicable,
with products that are manufactured in this state.
Sec. 52.
Minnesota Statutes 2020, section 473.399, is amended to read:
473.399 TRANSIT WAYS; LIGHT RAIL TRANSIT AND COMMUTER RAIL
IN THE METROPOLITAN AREA.
Subdivision 1.
General requirements.
(a) The deleted text begin councildeleted text end new text begin commissioner of administrationnew text end
must identify in its transportation policy plan those heavily traveled corridors where
development of a transitway may be feasible and cost-effective. Modes of providing service
in a transitway may include bus rapid transit, light rail transit, commuter rail, or other
available systems or technologies that improve transit service.
(b) After the completion of environmental studies and receipt of input from the governing
body of each statutory and home rule charter city, county, and town in which a transitway
is proposed to be constructed, the deleted text begin councildeleted text end new text begin commissionernew text end must designate the locally preferred
alternative transit mode with respect to the corridor.
(c) The deleted text begin councildeleted text end new text begin commissionernew text end shall ensure that any light rail transit facilities that are
designated as the locally preferred alternative and that are to be constructed in the
metropolitan area will be acquired, developed, owned, and capable of operation in an
efficient, cost-effective, and coordinated manner in coordination with buses and other
transportation modes and facilities.
(d) Construction of light rail transit facilities in a particular transit corridor may not
commence unless and until that mode is designated as the locally preferred alternative for
that corridor by the deleted text begin councildeleted text end new text begin commissionernew text end .
Subd. 1a.
Integrated transportation system.
The commissioner deleted text begin of transportation and
the Metropolitan Councildeleted text end shall ensure that light rail transit and commuter rail facilities are
planned, designed, and implemented: (1) to move commuters and transit users into and out
of, as well as within, the metropolitan area, and (2) to ensure that rail transit lines will
interface with each other and other transportation facilities and services so as to provide a
unified, integrated, and efficient multimodal transportation system.
Subd. 5.
Availability of light rail transit information.
The deleted text begin Metropolitan Councildeleted text end new text begin
commissionernew text end shall maintain in a centralized location on an Internet website, for each light
rail transit line operated by the deleted text begin councildeleted text end new text begin commissionernew text end and for each year of operation of the
line:
(1) financial data, including revenue by source and operating and capital expenses; and
(2) ridership information, including ridership and passenger miles.
Sec. 53.
Minnesota Statutes 2020, section 473.3994, is amended to read:
473.3994 LIGHT RAIL TRANSIT; DESIGN PLANS.
Subd. 1a.
deleted text begin Designation ofdeleted text end Responsible authority.
For each proposed light rail transit
facility in the metropolitan area, the deleted text begin governor must designate either the Metropolitan Council
or thedeleted text end state of Minnesota acting through the commissioner of transportation deleted text begin asdeleted text end new text begin is new text end the entity
responsible for planning, designing, acquiring, constructing, and equipping the facility.
deleted text begin Notwithstanding such designation, the commissioner and the council may enter into one or
more cooperative agreements with respect to the planning, designing, acquiring, constructing,
or equipping of a particular light rail transit facility that provide for the parties to exercise
their respective authorities in support of the project in a manner that best serves the project
and the public.
deleted text end
Subd. 2.
Preliminary design plans; public hearing.
Before final design plans are
prepared for a light rail transit facility in the metropolitan area, the deleted text begin responsible authority
deleted text end new text begin commissioner new text end and the regional railroad authority or authorities in whose jurisdiction the
line or lines are located must hold a public hearing on the physical design component of
the preliminary design plans. The deleted text begin responsible authoritydeleted text end new text begin commissioner new text end and the regional
railroad authority or authorities in whose jurisdiction the line or lines are located must
provide appropriate public notice of the hearing and publicity to ensure that affected parties
have an opportunity to present their views at the hearing. The deleted text begin responsible authority
deleted text end new text begin commissioner new text end shall summarize the proceedings and testimony and maintain the record of
a hearing held under this section, including any written statements submitted.
Subd. 3.
Preliminary design plans; local approval.
At least 30 days before the hearing
under subdivision 2, the deleted text begin responsible authoritydeleted text end new text begin commissioner new text end shall submit the physical design
component of the preliminary design plans to the governing body of each statutory and
home rule charter city, county, and town in which the route is proposed to be located. The
city, county, or town shall hold a public hearing. Within 45 days after the hearing under
subdivision 2, the city, county, or town shall review and approve or disapprove the plans
for the route to be located in the city, county, or town. A local unit of government that
disapproves the plans shall describe specific amendments to the plans that, if adopted, would
cause the local unit to withdraw its disapproval. Failure to approve or disapprove the plans
in writing within 45 days after the hearing is deemed to be approval, unless an extension
of time is agreed to by the city, county, or town and the deleted text begin responsible authoritydeleted text end new text begin commissionernew text end .
Subd. 4.
Preliminary design plans; deleted text begin councildeleted text end new text begin commissioner new text end hearing.
If the governing
body of one or more cities, counties, or towns disapproves the preliminary design plans
within the period allowed under subdivision 3, the deleted text begin councildeleted text end new text begin commissioner new text end shall hold a hearing
on the plans, giving deleted text begin the commissioner of transportation, if the responsible authority,deleted text end any
disapproving local governmental unitsdeleted text begin ,deleted text end and other persons an opportunity to present their
views on the plans. The deleted text begin councildeleted text end new text begin commissioner new text end may conduct independent study as it deems
desirable and may mediate and attempt to resolve disagreements about the plans. Within
60 days after the hearing, the deleted text begin councildeleted text end new text begin commissioner new text end shall review the plans and shall decide
what amendments to the plans, if any, must be made to accommodate the objections presented
by the disapproving local governmental units. Amendments to the plans as decided by the
deleted text begin councildeleted text end new text begin commissioner new text end must be made before continuing the planning and designing process.
Subd. 5.
Final design plans.
(a) If the final design plans incorporate a substantial change
from the preliminary design plans with respect to location, length, or termini of routes;
general dimension, elevation, or alignment of routes and crossings; location of tracks above
ground, below ground, or at ground level; or station locations, before beginning construction,
the deleted text begin responsible authoritydeleted text end new text begin commissioner new text end shall submit the changed component of the final
design plans to the governing body of each statutory and home rule city, county, and town
in which the changed component is proposed to be located. Within 60 days after the
submission of the plans, the city, county, or town shall review and approve or disapprove
the changed component located in the city, county, or town. A local unit of government that
disapproves the change shall describe specific amendments to the plans that, if adopted,
would cause the local unit to withdraw its disapproval. Failure to approve or disapprove the
changed plans in writing within the time period is deemed to be approval, unless an extension
is agreed to by the city, county, or town and the deleted text begin responsible authoritydeleted text end new text begin commissionernew text end .
(b) If the governing body of one or more cities, counties, or towns disapproves the
changed plans within the period allowed under paragraph (a), the deleted text begin councildeleted text end new text begin commissioner
new text end shall review the final design plans under the same procedure and with the same effect as
provided in subdivision 4 for preliminary design plans.
Subd. 7.
deleted text begin Councildeleted text end new text begin Commissioner new text end review.
deleted text begin If the commissioner is the responsible authority,deleted text end
Before proceeding with construction of a light rail transit facility, the commissioner new text begin of
transportation new text end must submit preliminary and final design plans to the deleted text begin Metropolitan Councildeleted text end new text begin
commissioner of administrationnew text end . The deleted text begin councildeleted text end new text begin commissioner of administration new text end must review
the plans for consistency with the deleted text begin council'sdeleted text end new text begin commissioner of administration's new text end development
guide and approve the plans.
Subd. 8.
Metropolitan significance.
This section does not diminish or replace the
authority of the deleted text begin councildeleted text end new text begin commissioner new text end under section 473.173.
Subd. 9.
Light rail transit operating costs.
(a) Before submitting an application for
federal assistance for light rail transit facilities in the metropolitan area, the deleted text begin Metropolitan
Councildeleted text end new text begin commissioner new text end must prepare an estimate of the amount of operating subsidy which
will be required to operate light rail transit in the corridor to which the federal assistance
would be applied. The estimate must indicate the amount of operating subsidy estimated to
be required in each of the first ten years of operation of the light rail transit facility. deleted text begin If the
commissioner of transportation is the responsible authority, the commissioner must provide
information requested by the council that is necessary to make the estimate.
deleted text end
(b) The deleted text begin councildeleted text end new text begin commissioner new text end must review and evaluate the estimate developed under
paragraph (a) with regard to the effect of operating the light rail transit facility on the
currently available mechanisms for financing transit in the metropolitan area.
Subd. 10.
Corridor Management Committee.
(a) The deleted text begin responsible authority
deleted text end new text begin commissioner new text end must establish a Corridor Management Committee to advise the deleted text begin responsible
authoritydeleted text end new text begin commissioner new text end in the design and construction of light rail transit in each corridor
to be constructed. The Corridor Management Committee for each corridor shall consist of
the following members:
(1) one member appointed by each city and county in which the corridor is located;
(2) the commissioner of transportation or a designee of the commissionernew text begin who shall
serve as chair of the committeenew text end ;
deleted text begin
(3) two members appointed by the Metropolitan Council, one of whom shall be designated
as the chair of the committee;
deleted text end
deleted text begin (4)deleted text end new text begin (3) new text end one member appointed by the Metropolitan Airports Commission, if the designated
corridor provides direct service to the Minneapolis-St. Paul International Airport; and
deleted text begin (5)deleted text end new text begin (4) new text end one member appointed by the president of the University of Minnesota, if the
designated corridor provides direct service to the university.
(b) The Corridor Management Committee shall advise the deleted text begin responsible authority
deleted text end new text begin commissioner new text end on issues relating to environmental review, preliminary design, preliminary
engineering, final design, implementation method, and construction of light rail transit in
the corridor.
deleted text begin Subd. 14. deleted text end
deleted text begin Transfer of facility after construction. deleted text end
deleted text begin
If the commissioner of transportation
is the responsible authority for a particular light rail transit facility, the commissioner must
transfer to the Metropolitan Council all facilities constructed and all equipment and property
acquired in developing the facility upon completion of construction.
deleted text end
Sec. 54.
Minnesota Statutes 2020, section 473.3995, is amended to read:
473.3995 LIGHT RAIL TRANSIT; DESIGN-BUILD METHOD.
(a) deleted text begin A responsible authoritydeleted text end new text begin The commissioner new text end may use a design-build method of project
development and construction for light rail transit. Notwithstanding any law to the contrary,
deleted text begin a responsible authoritydeleted text end new text begin the commissioner new text end may award a design-build contract on the basis
of requests for proposals or requests for qualifications without bids. "Design-build method
of project development and construction" means a project delivery system in which a single
contractor is responsible for both the design and construction of the project and bids the
design and construction together.
(b) If deleted text begin a responsible authoritydeleted text end new text begin the commissioner new text end utilizes a design-build method of project
development and construction for light rail transit, the requirements and procedures in
sections 161.3410 to 161.3426 apply to the procurement, subject to the following conditions
and exceptions:
deleted text begin
(1) if the Metropolitan Council is the responsible authority for a particular light rail
transit project, when used in sections 161.3410 to 161.3426, (i) the terms "commissioner,"
"Minnesota Department of Transportation," "department," "state agencies," and "road
authority" refer to the Metropolitan Council, and (ii) the term "state" refers to the
Metropolitan Council except in references to state law or in references to the state as a
geographical location;
deleted text end
deleted text begin (2)deleted text end new text begin (1) new text end the provisions of section 161.3412, subdivisions 3 and 4, are not applicable to
the procurement; and
deleted text begin (3)deleted text end new text begin (2) new text end if any federal funds are used in developing or constructing the light rail transit
project, any provisions in sections 161.3410 to 161.3426 that are inconsistent with, or
prohibited by, any federal law, regulation, or other requirement are not applicable to the
procurement.
Sec. 55.
Minnesota Statutes 2020, section 473.3997, is amended to read:
473.3997 FEDERAL FUNDING; LIGHT RAIL TRANSIT.
(a) Upon completion of the alternatives analysis and draft environmental impact statement,
and selection of the locally preferred alternative, for each light rail transit facility, the
deleted text begin responsible authoritydeleted text end new text begin commissioner new text end may prepare an application for federal assistance for
the light rail transit facility. deleted text begin If the commissioner is the responsible authority, the application
must be reviewed and approved by the Metropolitan Council before it is submitted by the
commissioner. In reviewing the application the council must consider the operating cost
estimate developed under section 473.3994, subdivision 9.
deleted text end
(b) deleted text begin Except for the designated responsible authority for a particular light rail transit
facility,deleted text end No political subdivision in the metropolitan area may on its own apply for federal
assistance for light rail transit planning or construction.
Sec. 56.
Minnesota Statutes 2020, section 473.405, is amended to read:
473.405 POWERS.
Subdivision 1.
General.
The deleted text begin Metropolitan Councildeleted text end new text begin commissioner new text end has the powers and
duties prescribed by this section and sections 473.407 to 473.449 and all powers necessary
or convenient to discharge its duties.
Subd. 3.
Condemnation.
The deleted text begin councildeleted text end new text begin commissioner new text end may for transit purposes acquire
property, franchises, easements, or property rights or interests of any kind by condemnation
proceedings pursuant to chapter 117. Except as provided in subdivision 9, the deleted text begin councildeleted text end
new text begin commissioner new text end may take possession of any property for which condemnation proceedings
have been commenced at any time after the filing of the petition describing the property in
the proceedings. The deleted text begin councildeleted text end new text begin commissioner new text end may contract with an operator or other persons
for the use by the operator or person of any property under the deleted text begin council's deleted text end new text begin commissioner's
new text end control.
Subd. 4.
Transit systems.
The deleted text begin councildeleted text end new text begin commissioner new text end may engineer, construct, equip,
and operate transit and paratransit systems, projects, or any parts thereof, including road
lanes or rights-of-way, terminal facilities, maintenance and garage facilities, ramps, parking
areas, and any other facilities useful for or related to any public transit or paratransit system
or project. The deleted text begin councildeleted text end new text begin commissioner new text end may sell or lease naming rights with regard to light
rail transit stations and apply revenues from sales or leases to light rail transit operating
costs.
Subd. 5.
Acquisition of transit systems.
The deleted text begin councildeleted text end new text begin commissioner new text end may acquire by
purchase, lease, gift, or condemnation proceedings any existing public transit system or any
part thereof, including all or any part of the plant, equipment, shares of stock, property, real,
personal, or mixed, rights in property, reserve funds, special funds, franchises, licenses,
patents, permits and papers, documents and records belonging to any operator of a public
transit system within the metropolitan area, and may in connection therewith assume any
or all liabilities of any operator of a public transit system. The deleted text begin council deleted text end new text begin commissioner new text end may
take control of and operate a system immediately following the filing and approval of the
initial petition for condemnation, if the deleted text begin councildeleted text end new text begin commissionernew text end , in deleted text begin its deleted text end new text begin the commissioner'snew text end
discretion, determines this to be necessary, and may take possession of all right, title and
other powers of ownership in all properties and facilities described in the petition. Control
must be taken by resolution which is effective upon service of a copy on the condemnee
and the filing of the resolution in the condemnation action. In the determination of the fair
value of the existing public transit system, there must not be included any value attributable
to expenditures for improvements made by the former Metropolitan deleted text begin Transit Commission
ordeleted text end Council.
Subd. 9.
Condemnation of public or public service corporation property.
The fact
that property is owned by or is in charge of a public agency or a public service corporation
organized for a purpose specified in section 301B.01, or is already devoted to a public use
or to use by the corporation or was acquired therefor by condemnation may not prevent its
acquisition by the deleted text begin councildeleted text end new text begin commissioner new text end by condemnation, but if the property is in actual
public use or in actual use by the corporation for any purpose of interest or benefit to the
public, the taking by the deleted text begin councildeleted text end new text begin commissioner new text end by condemnation may not be authorized
unless the court finds and determines that there is greater public necessity for the proposed
use by the deleted text begin councildeleted text end new text begin commissioner new text end than for the existing use.
Subd. 10.
Voluntary transfer of public property.
Any state department or other agency
of the state government or any county, municipality, or other public agency may sell, lease,
grant, transfer, or convey to the deleted text begin councildeleted text end new text begin departmentnew text end , with or without consideration, any
facilities or any part or parts thereof or any real or personal property or interest therein
which may be useful to the deleted text begin councildeleted text end new text begin departmentnew text end for any authorized purpose. In any case
where the construction of a facility has not been completed, the public agency concerned
may also transfer, sell, assign, and set over to the deleted text begin councildeleted text end new text begin departmentnew text end , with or without
consideration, any existing contract for the construction of the facilities.
Subd. 12.
Management contracts.
Notwithstanding any of the other provisions of this
section and sections 473.407 to 473.449, the deleted text begin councildeleted text end new text begin commissioner new text end may, in lieu of directly
operating any public transit system or any part thereof, enter into contracts for management
services. The contracts may provide for compensation, incentive fees, the employment of
personnel, the services provided, and other terms and conditions that the deleted text begin councildeleted text end
new text begin commissioner new text end deems proper. The contracts must provide that the compensation of personnel
who work full time or substantially full time providing management or other services for
the deleted text begin councildeleted text end new text begin commissioner new text end is public data under chapter 13.
The deleted text begin councildeleted text end new text begin commissioner new text end may not permit a contract manager to supervise or manage
internal audit activities. Internal audit activity must be supervised and managed directly by
the deleted text begin councildeleted text end new text begin commissionernew text end . The deleted text begin councildeleted text end new text begin commissioner new text end shall advertise for bids and select
contracts for management services through competitive bidding. The term of the contract
may not be longer than two years. The contract must include clear operating objectives,
stating the service policies and goals of the deleted text begin councildeleted text end new text begin commissioner new text end in terms of the movement
of various passenger groups, and performance criteria, by means of which success in
achieving the operating objectives can be measured. The deleted text begin councildeleted text end new text begin commissioner new text end shall consider
and determine the feasibility and desirability of having all its transit management services
provided internally by employees of the deleted text begin councildeleted text end new text begin departmentnew text end .
The employees of any public transit system operated pursuant to the provisions of this
subdivision for the purpose of resolving any dispute arising under any existing or new
collective bargaining agreement relating to the terms or conditions of their employment,
may either engage in a concerted refusal to work or to invoke the processes of final and
binding arbitration as provided by chapter 572, subject to any applicable provisions of the
agreement not inconsistent with law.
Subd. 15.
Relocation of displaced persons.
The deleted text begin councildeleted text end new text begin commissioner new text end may plan for
and assist in the relocation of individuals, families, business concerns, nonprofit
organizations, and others displaced by operations of the deleted text begin councildeleted text end new text begin departmentnew text end , and may make
relocation payments in accordance with federal regulations.
Sec. 57.
Minnesota Statutes 2020, section 473.4051, subdivision 1, is amended to read:
Subdivision 1.
Operator.
The deleted text begin councildeleted text end new text begin commissioner new text end shall operate all light rail transit
facilities and services located in the metropolitan area upon completion of construction of
the facilities and the commencement of revenue service using the facilities. The deleted text begin councildeleted text end
new text begin commissioner new text end may not allow the commencement of revenue service until after an appropriate
period of acceptance testing to ensure safe and satisfactory performance. In assuming the
operation of the system, the deleted text begin councildeleted text end new text begin commissioner new text end must comply with section 473.415. The
deleted text begin councildeleted text end new text begin commissioner new text end shall coordinate operation of the light rail transit system with bus
service to avoid duplication of service on a route served by light rail transit and to ensure
the widest possible access to light rail transit lines in both suburban and urban areas by
means of a feeder bus system.
Sec. 58.
Minnesota Statutes 2020, section 473.4056, subdivision 1, is amended to read:
Subdivision 1.
Adoption of standards.
(a) deleted text begin By January 1, 2015, the Metropolitan Council
shall adopt and may thereafterdeleted text end new text begin The commissioner of transportation maynew text end amend standards
for the design of light rail vehicles that are reasonably necessary to provide access for, and
to protect the health and safety of, persons who use the service. All light rail transit vehicles
procured on and after January 1, 2015, must conform to the standards then in effect.
(b) The Transportation Accessibility Advisory Committee must review the standards
and all subsequent amendments before the deleted text begin Metropolitan Council adopts themdeleted text end new text begin standards go
into effectnew text end .
(c) The deleted text begin Metropolitan Councildeleted text end new text begin commissionernew text end shall post adopted standards, including
amendments, on its website.
Sec. 59.
Minnesota Statutes 2020, section 473.4057, subdivision 1, is amended to read:
Subdivision 1.
General.
Notwithstanding the provisions of sections 174.82 and 174.90,
the deleted text begin Metropolitan Councildeleted text end new text begin commissioner new text end must operate and maintain commuter rail facilities
and services in any corridor that is located in deleted text begin whole or in part in the metropolitan area. The
council's operation and maintenance of the facilities and services must commence upon
completion of the planning, development, and construction of the commuter rail facilities
by the commissioner of transportation and the commencement of prerevenue servicedeleted text end new text begin this
statenew text end .
Sec. 60.
Minnesota Statutes 2020, section 473.4057, subdivision 2, is amended to read:
Subd. 2.
Commuter rail equipment, supplies, and materials.
The deleted text begin council deleted text end new text begin commissioner
new text end is authorized to acquire equipment, supplies, and materials, including rolling stock, necessary
for any commuter rail service that is subject to this section. This authority may be exercised
either before or after the commencement of revenue service on a particular commuter rail
line.
Sec. 61.
Minnesota Statutes 2020, section 473.4057, subdivision 3, is amended to read:
Subd. 3.
Commuter rail improvements.
After the commencement of revenue service
in a particular commuter rail corridor, the deleted text begin councildeleted text end new text begin commissioner new text end is responsible for planning,
development, design, acquisition, construction, and equipping of any improvements to
commuter rail facilities or service in that corridor.
Sec. 62.
Minnesota Statutes 2020, section 473.4057, subdivision 4, is amended to read:
Subd. 4.
Procurement for commuter rail; best value alternative.
(a) Notwithstanding
the provisions of section 471.345, for purchases related to the deleted text begin council'sdeleted text end new text begin commissioner's
new text end maintenance and operation of commuter rail lines, the deleted text begin council deleted text end new text begin commissioner new text end may award a
contract for the purchase of supplies, materials, equipment or the rental thereof, or the
construction, alteration, improvement, repair, or maintenance of real or personal property
to the vendor or contractor offering the best value under a request for proposals.
(b) For the purposes of this section, "best value" describes a result intended in the
acquisition of goods and services described in paragraph (a). Price must be one of the
evaluation criteria when acquiring such goods and services. Other evaluation criteria may
include, but are not limited to, environmental considerations, quality, and vendor
performance. A best value determination must be based on the evaluation criteria detailed
in the solicitation document. If criteria other than price are used, the solicitation document
must state the relative importance of price and other factors.
Sec. 63.
Minnesota Statutes 2020, section 473.4057, subdivision 6, is amended to read:
Subd. 6.
Agreements with other parties.
The deleted text begin councildeleted text end new text begin commissioner new text end may enter into
memoranda of understanding, joint powers agreements, or other agreements with public or
private entities including, without limitation, political subdivisions, regional railroad
authorities, metropolitan planning organizations, joint powers boards, deleted text begin the commissioner of
transportation,deleted text end or railroads, to carry out its responsibilities under this section.
Sec. 64.
Minnesota Statutes 2020, section 473.4057, subdivision 7, is amended to read:
Subd. 7.
Expenditure of funds and exercise of powers.
In carrying out its
responsibilities under this section and notwithstanding any other law to the contrary, the
deleted text begin councildeleted text end new text begin commissioner new text end may expend funds and exercisedeleted text begin , both inside and outside the
metropolitan area,deleted text end those powers in this chapter that are necessary or convenient for those
purposes. The jurisdiction of the metropolitan transit police under section 473.405 extends
to offenses relating to the operation, property, facilities, equipment, employees, and
passengers of any commuter rail facilities and services that are subject to this section.
Sec. 65.
Minnesota Statutes 2020, section 473.4057, subdivision 8, is amended to read:
Subd. 8.
Application of section 174.82.
deleted text begin Except for those provisions that provide that
the commissioner of transportation is responsible for operating and maintaining commuter
rail,deleted text end The provisions of section 174.82 apply to commuter rail facilities and services that are
subject to this section. deleted text begin Without limitation as to its application, the provisions of section
174.82 apply when the council is carrying out its responsibilities for commuter rail under
this section to the same extent as those provisions would apply if the council were carrying
out its responsibilities under contract to the commissioner.
deleted text end
Sec. 66.
Minnesota Statutes 2020, section 473.407, subdivision 1, is amended to read:
Subdivision 1.
Authorization.
The deleted text begin councildeleted text end new text begin commissioner new text end may appoint peace officers,
as defined in section 626.84, subdivision 1, paragraph (c), and establish a law enforcement
agency, as defined in section 626.84, subdivision 1, paragraph (f), known as the Metropolitan
Transit Police, to police its transit property and routes, to carry out investigations, and to
make arrests under sections 629.30 and 629.34. The jurisdiction of the law enforcement
agency is limited to offenses relating to deleted text begin councildeleted text end new text begin the department's new text end transit property, equipment,
employees, and passengers. The jurisdiction of the Metropolitan Transit Police shall include
traffic lanes designed for bus or transit use, freeway or expressway shoulders in the
seven-county metropolitan area used by authorized transit buses and Metro Mobility buses
under section 169.306, and high-occupancy vehicle lanes used by transit buses. Upon request
from, or under an agreement with, any law enforcement agency and subject to the availability
of its personnel and other resources, the Metropolitan Transit Police may exercise general
law enforcement agency authority to assist any law enforcement agency in implementing
or carrying out law enforcement activities, programs, or initiatives. deleted text begin If the commissioner of
transportation contracts with the Metropolitan Council for operation of commuter rail
facilities under section 174.90, deleted text end The jurisdiction of the Metropolitan Transit Police extends
to offenses relating to the operation, property, facilities, equipment, employees, and
passengers of the commuter rail facilities located in and outside of the metropolitan area.
Sec. 67.
Minnesota Statutes 2020, section 473.407, subdivision 3, is amended to read:
Subd. 3.
Policy for notice of investigations.
The transit police must develop a policy
for notifying the law enforcement agency with primary jurisdiction when it has initiated
surveillance or investigation of any person within the jurisdiction of that agency. The deleted text begin councildeleted text end
new text begin commissioner new text end shall train all of its peace officers regarding the application of this policy.
Sec. 68.
Minnesota Statutes 2020, section 473.407, subdivision 4, is amended to read:
Subd. 4.
Chief law enforcement officer.
The deleted text begin regional administratordeleted text end new text begin commissioner new text end shall
appoint a peace officer employed full time to be the chief law enforcement officer and to
be responsible for the management of the metropolitan transit police. The chief law
enforcement officer shall possess the necessary police and management experience to
manage a law enforcement agency. The chief law enforcement officer may appoint,
discipline, and discharge all transit police personnel. All police managerial and supervisory
personnel must be full-time employees of the Metropolitan Transit Police. Supervisory
personnel must be on duty and available any time transit police are on duty. The chief law
enforcement officer may not hire part-time peace officers as defined in section 626.84,
subdivision 1, paragraph (d), except that the chief may appoint peace officers to work on a
part-time basis not to exceed 30 full-time equivalents. A part-time officer must maintain an
active peace officer license with the officer's full-time law enforcement employer.
Sec. 69.
Minnesota Statutes 2020, section 473.407, subdivision 5, is amended to read:
Subd. 5.
Emergencies.
(a) The deleted text begin councildeleted text end new text begin commissioner new text end shall ensure that all emergency
vehicles used by transit police are equipped with radios capable of receiving and transmitting
on the same frequencies utilized by the law enforcement agencies that have primary
jurisdiction.
(b) When the transit police receive an emergency call they shall notify the public safety
agency with primary jurisdiction and coordinate the appropriate response.
(c) Transit police officers shall notify the primary jurisdictions of their response to any
emergency.
Sec. 70.
Minnesota Statutes 2020, section 473.408, is amended to read:
473.408 FARE POLICY.
Subd. 2.
Fare policy.
(a) Fares and fare collection systems shall be established and
administered to accomplish the following purposes:
(1) to encourage and increase transit and paratransit ridership with an emphasis on regular
ridership;
(2) to restrain increases in the average operating subsidy per passenger;
(3) to ensure that no riders on any route pay more in fares than the average cost of
providing the service on that route;
(4) to ensure that operating revenues are proportioned to the cost of providing the service
so as to reduce any disparity in the subsidy per passenger on routes in the transit system;
and
(5) to implement the social fares as set forth in subdivision 2b.
(b) The plan must contain a statement of the policies that will govern the imposition of
user charges for various types of transit service and the policies that will govern decisions
by the deleted text begin councildeleted text end new text begin commissioner new text end to change fare policy.
Subd. 2a.
Regular route fares.
The deleted text begin councildeleted text end new text begin commissioner new text end shall establish and enforce
uniform fare policies for regular route transit in the metropolitan area. The policies must
be consistent with the requirements of this section and the deleted text begin council'sdeleted text end transportation policy
plan. The deleted text begin councildeleted text end new text begin commissioner new text end and other operators shall charge a base fare and any
surcharges for peak hours and distance of service in accordance with the deleted text begin council's
deleted text end new text begin commissioner's new text end fares policies. The deleted text begin councildeleted text end new text begin commissioner new text end shall approve all fare schedules.
Subd. 2b.
Social fares.
For the purposes of raising revenue for improving public safety
on transit vehicles and at transit hubs or stops, the deleted text begin councildeleted text end new text begin commissioner new text end shall review and
may adjust its social fares as they relate to passengers under the age of 18 during high crime
times provided that the increased revenues are dedicated to improving the safety of all
passengers.
Subd. 4.
Circulation fares.
The deleted text begin councildeleted text end new text begin commissioner new text end and other operators may charge
a reduced fare for service on any route providing circulation service in a downtown area or
community activity center. The deleted text begin councildeleted text end new text begin commissioner new text end and other operators shall not contribute
more than 50 percent of the operating deficit of any such route that is confined to a downtown
area or community activity center. The boundaries of service districts eligible for reduced
fares under this subdivision must be approved by the deleted text begin councildeleted text end new text begin commissionernew text end .
Subd. 6.
Monthly passes.
The deleted text begin councildeleted text end new text begin commissioner new text end may offer monthly passes for
regular route bus service for sale to the general public.
Subd. 7.
Employee discount passes.
The deleted text begin councildeleted text end new text begin commissioner new text end may offer passes for
regular route bus service for sale to employers at a special discount.
Subd. 8.
Charitable organization discount passes.
The deleted text begin councildeleted text end new text begin commissioner new text end may
offer passes, including tokens, for regular route bus service for sale to charitable
organizations, described in section 501(c)(3) of the Internal Revenue Code, at a special
discount.
Subd. 9.
Youth discount passes.
(a) The deleted text begin councildeleted text end new text begin commissioner new text end may offer passes,
including tokens, for regular route bus service to charitable organizations, described in
section 501(c)(3) of the Internal Revenue Code, free of charge. Any passes provided under
this subdivision must be:
(1) distributed to and used solely by a person who is under 16 years of age; and
(2) restricted to use on a bus that is not operating at full capacity at the time of use of
the bus pass.
(b) The deleted text begin councildeleted text end new text begin commissioner new text end may establish additional requirements and terms of use
of the passes, including but not limited to charging a fee to the charitable organization for
any printing or production costs, restricting times of bus pass use to certain or nonpeak
hours of operation, and establishing oversight and auditing of the charitable organization
with regard to bus pass distribution and use.
Subd. 10.
Transit service for disabled veterans.
(a) On and after July 1, 2009, the
deleted text begin councildeleted text end new text begin commissioner new text end shall provide regular route transit, as defined in section 473.385,
subdivision 1, free of charge for veterans, as defined in section 197.447, certified as disabled.
For purposes of this section, "certified as disabled" means certified in writing by the United
States Department of Veterans Affairs or the state commissioner of veterans affairs as having
a permanent service-connected disability.
(b) The requirements under this subdivision apply to operators of regular route transit
(1) receiving financial assistance under section 473.388, or (2) operating under section
473.405, subdivision 12.
Sec. 71.
Minnesota Statutes 2020, section 473.409, is amended to read:
473.409 AGREEMENTS WITH deleted text begin COUNCILdeleted text end new text begin COMMISSIONERnew text end ;
ENCOURAGEMENT OF TRANSIT USE.
A state department or agency, including the legislative branch, any local governmental
unit, or a metropolitan agency may enter into an agreement with the deleted text begin council deleted text end new text begin commissioner
new text end and other operators for the purpose of encouraging the use of transit by its employees residing
in the metropolitan area. The agreement may provide for, among other things: (a) the advance
purchase of tokens, tickets or other devices from the deleted text begin council deleted text end new text begin commissioner new text end or other operator
for use in lieu of fares on vehicles operated by the deleted text begin council deleted text end new text begin commissioner new text end or other operator;
and (b) special transit service for employees to and from their place of employment, at fares
to be agreed upon by the contracting parties. The tokens, tickets, or other devices or services
may be made available to employees at reduced rates. Any such agreement and arrangement
by a state department or agency shall be submitted to the commissioner of administration
for approval before execution. Any operating deficits or subsidy resulting from such
agreements shall be assumed by the contracting department, agency, governmental unit, or
other commission, unless otherwise provided in an agreement approved by the deleted text begin councildeleted text end new text begin
commissionernew text end .
Sec. 72.
Minnesota Statutes 2020, section 473.41, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given.
(b) "Transit authority" means:
(1) a statutory or home rule charter city, with respect to rights-of-way at bus stop and
train stop locations, transit shelters, and transit passenger seating facilities owned by the
city or established pursuant to a vendor contract with the city;
(2) the deleted text begin Metropolitan Councildeleted text end new text begin commissioner of transportationnew text end , with respect to transit
shelters and transit passenger seating facilities owned by the deleted text begin councildeleted text end new text begin Department of
Transportation new text end or established pursuant to a vendor contract with the deleted text begin councildeleted text end new text begin departmentnew text end ; or
(3) a replacement service provider under section 473.388, with respect to rights-of-way
at bus stop and train stop locations, transit shelters, and transit passenger seating facilities
owned by the provider or established pursuant to a vendor contract with the provider.
(c) "Transit shelter" means a wholly or partially enclosed structure provided for public
use as a waiting area in conjunction with light rail transit, bus rapid transit, or regular route
transit.
Sec. 73.
Minnesota Statutes 2020, section 473.411, subdivision 5, is amended to read:
Subd. 5.
Use of public roadways and appurtenances.
The deleted text begin councildeleted text end new text begin commissioner new text end may
use for the purposes of sections 473.405 to 473.449 upon the conditions stated in this
subdivision any state highway or other public roadway, parkway, or lane, or any bridge or
tunnel or other appurtenance of a roadway, without payment of any compensation, provided
the use does not interfere unreasonably with the public use or maintenance of the roadway
or appurtenance or entail any substantial additional costs for maintenance. The provisions
of this subdivision do not apply to the property of any common carrier railroad or common
carrier railroads. The consent of the public agency in charge of such state highway or other
public highway or roadway or appurtenance is not required; except that if the deleted text begin councildeleted text end
new text begin commissioner new text end seeks to use a designated parkway for regular route service in the city of
Minneapolis, it must obtain permission from and is subject to reasonable limitations imposed
by a joint board consisting of two representatives deleted text begin from the councildeleted text end new text begin of the departmentnew text end , two
members of the board of park commissioners, and a fifth member jointly selected by the
other members of the board. If the use is a designated Minneapolis parkway for regular
route service adjacent to the city of Minneapolis, it must obtain permission from and is
subject to reasonable limitations imposed by a joint board consisting of two representatives
deleted text begin from the councildeleted text end new text begin of the departmentnew text end , two members of the board of park commissioners, and
a fifth member jointly selected by other members of the board. The joint board must include
a nonvoting member appointed by the deleted text begin council of deleted text end new text begin commissioner and residing in new text end the city in
which the parkway is located.
The board of park commissioners and the deleted text begin councildeleted text end new text begin commissioner new text end may designate persons
to sit on the joint board. In considering a request by the deleted text begin councildeleted text end new text begin commissioner new text end to use
designated parkways for additional routes or trips, the joint board consisting of the deleted text begin councildeleted text end
new text begin commissioner new text end or deleted text begin theirdeleted text end new text begin the commissioner'snew text end designees, the board of park commissioners or
deleted text begin theirdeleted text end new text begin the commissioner's new text end designees, and the fifth member, shall base its decision to grant or
deny the request based on the criteria to be established by the joint board. The decision to
grant or deny the request must be made within 45 days of the date of the request. The park
board must be notified immediately by the deleted text begin councildeleted text end new text begin commissioner new text end of any temporary route
detours. If the park board objects to the temporary route detours within five days of being
notified, the joint board must convene and decide whether to grant the request, otherwise
the request is deemed granted. If the agency objects to the proposed use or claims
reimbursement from the deleted text begin councildeleted text end new text begin commissioner new text end for additional cost of maintenance, it may
commence an action against the deleted text begin councildeleted text end new text begin department new text end in the district court of the county wherein
the highway, roadway, or appurtenance, or major portion thereof, is located. The proceedings
in the action must conform to the Rules of Civil Procedure applicable to the district courts.
The court shall sit without jury. If the court determines that the use in question interferes
unreasonably with the public use or maintenance of the roadway or appurtenance, it shall
enjoin the use by the deleted text begin councildeleted text end new text begin commissionernew text end . If the court determines that the use in question
does not interfere unreasonably with the public use or maintenance of the roadway or
appurtenance, but that it entails substantial additional maintenance costs, the court shall
award judgment to the agency for the amount of the additional costs. Otherwise the court
shall award judgment to the deleted text begin councildeleted text end new text begin departmentnew text end . An aggrieved party may appeal from the
judgment of the district court in the same manner as is provided for such appeals in other
civil actions. The deleted text begin councildeleted text end new text begin commissioner new text end may also use land within the right-of-way of any
state highway or other public roadway for the erection of traffic-control devices, other signs,
and passenger shelters upon the conditions stated in this subdivision deleted text begin and subject only to the
approval of the commissioner of transportation where required by statutedeleted text end , and subject to
the express provisions of other applicable statutes and to federal requirements where
necessary to qualify for federal aid.
Sec. 74.
Minnesota Statutes 2020, section 473.415, subdivision 1, is amended to read:
Subdivision 1.
Includes no worse off clause.
If the deleted text begin councildeleted text end new text begin commissioner new text end acquires an
existing transit system, the deleted text begin councildeleted text end new text begin commissioner new text end shall assume and observe all existing
labor contracts and pension obligations. All employees of such system except executive
and administrative officers who are necessary for deleted text begin thedeleted text end new text begin system new text end operation deleted text begin thereof by the councildeleted text end
shall be transferred to and appointed as employees of the deleted text begin councildeleted text end new text begin department new text end for the purposes
of the transit system, subject to all the rights and benefits of sections 473.405 to 473.449.
deleted text begin Suchdeleted text end new text begin The new text end employees shall be given seniority credit and sick leave, vacation, insurance, and
pension credits in accordance with the records or labor agreements from the acquired transit
system. The deleted text begin councildeleted text end new text begin department new text end shall assume the obligations of any transit system acquired
by it with regard to wages, salaries, hours, working conditions, sick leave, health and welfare
and pension or retirement provisions for employees. The deleted text begin councildeleted text end new text begin department new text end and the
employees, through their representatives for collective bargaining purposes, shall take
whatever action may be necessary to have pension trust funds presently under the joint
control of the acquired system and the participating employees through their representatives
transferred to the trust fund to be established, maintained and administered jointly by the
deleted text begin councildeleted text end new text begin department new text end and the participating employees through their representatives. No
employee of any acquired system who is transferred to a position with the deleted text begin councildeleted text end new text begin department
new text end shall by reason of such transfer be placed in any worse position with respect to workers'
compensation, pension, seniority, wages, sick leave, vacation, health and welfare insurance
or any other benefits than the employee enjoyed as an employee of such acquired system.
Sec. 75.
Minnesota Statutes 2020, section 473.416, is amended to read:
473.416 RIGHTS OF SYSTEM WORKERS IN TAKEOVER OF TRANSIT
SYSTEM.
Whenever the deleted text begin councildeleted text end new text begin commissioner new text end directly operates any public transit system, or any
part thereof, or enters into any management contract or other arrangement for the operation
of a system, the deleted text begin councildeleted text end new text begin commissioner new text end shall take the action necessary to extend to employees
of the affected public transit systems, in accordance with seniority, the first opportunity for
reasonably comparable employment in any available nonsupervisory jobs in respect to such
operations for which they can qualify after a reasonable training period. The employment
must not result in any worsening of the employee's position in the employee's former
employment nor any loss of wages, hours, working conditions, seniority, fringe benefits,
and rights and privileges pertaining thereto. The deleted text begin council deleted text end new text begin commissioner new text end may enter into an
agreement specifying fair and equitable arrangements to protect the interests of employees
who may be affected if the deleted text begin councildeleted text end new text begin commissioner new text end should acquire any interest in or purchase
any facilities or other property of a privately owned and operated transit system, or construct,
improve, or reconstruct any facilities or other property acquired from any system, or provide
by contract or otherwise for the operation of transportation facilities or equipment in
competition with, or supplementary to, the service provided by an existing transit system.
The agreement, specifying the terms and conditions of the protective arrangements, must
comply with any applicable requirements of this chapter, and with the requirements of any
federal law or regulation if federal aid is involved. The agreement may provide for final
and binding arbitration of any dispute.
Sec. 76.
Minnesota Statutes 2020, section 473.42, is amended to read:
473.42 EMPLOYER CONTRIBUTIONS FOR CERTAIN EMPLOYEES.
Notwithstanding any contrary provisions of section 352.029, the deleted text begin councildeleted text end new text begin state new text end shall make
the employer contributions required pursuant to section 352.04, subdivision 3, for any
employee who was on authorized leave of absence from the transit operating division of
the former Metropolitan Transit Commission who is employed by the labor organization
which is the exclusive bargaining agent representing Metro Transit Division employees of
the council and who is covered by the Minnesota State Retirement System in addition to
all other employer contributions the deleted text begin councildeleted text end new text begin state new text end is required to make.
Sec. 77.
Minnesota Statutes 2020, section 473.436, subdivision 2, is amended to read:
Subd. 2.
Legal investments.
Certificates of indebtedness, bonds, or other obligations
issued by the deleted text begin councildeleted text end new text begin Metropolitan Area Transit Board new text end to which tax levies have been pledged
pursuant to section 473.446, subdivision 1, shall be proper for investment of any funds by
any bank, savings bank, savings association, credit union, trust company, insurance company
or public or municipal corporation, and may be pledged by any bank, savings bank, savings
association, credit union, or trust company as security for the deposit of public moneys.
Sec. 78.
Minnesota Statutes 2020, section 473.436, subdivision 3, is amended to read:
Subd. 3.
Tax exempt.
Certificates of indebtedness, bonds, or other obligations deleted text begin of the
councildeleted text end new text begin issued under section 473.39 or this section new text end shall be deemed and treated as
instrumentalities of a public government agency.
Sec. 79.
Minnesota Statutes 2020, section 473.436, subdivision 6, is amended to read:
Subd. 6.
Temporary borrowing.
On or after the first day of any fiscal year, the deleted text begin councildeleted text end
new text begin Metropolitan Area Transit Board new text end may borrow money which may be used or expended by
the deleted text begin councildeleted text end new text begin commissioner of transportation new text end for deleted text begin any purpose, including but not limited todeleted text end
current expenses, capital expenditures and the discharge of any obligation or indebtedness
deleted text begin of the councildeleted text end new text begin related to metropolitan area transit purposesnew text end . The indebtedness must be
represented by a note or notes which may be issued from time to time in any denomination
and sold at public or private sale pursuant to a resolution authorizing the issuance. The
resolution must set forth the form and manner of execution of the notes and shall contain
other terms and conditions the deleted text begin councildeleted text end new text begin board new text end deems necessary or desirable to provide security
for the holders of the notes. The note or notes are payable from committed or appropriated
money from taxes, grants or loans of the state or federal government made to the deleted text begin councildeleted text end new text begin
board or the commissionernew text end , or other revenues of the deleted text begin councildeleted text end new text begin commissioner for metropolitan
area transit purposesnew text end , and the money may be pledged to the payment of the notes. The
deleted text begin council isdeleted text end new text begin board and the commissioner are new text end authorized to pledge to the payment of the note
or notes taxes levied deleted text begin by itdeleted text end under section 473.446, subdivision 1, clause (a), and if taxes are
so pledged the deleted text begin council shall transfer deleted text end amounts received from the levy new text begin shall be transferred new text end to
the deleted text begin councildeleted text end new text begin board new text end for payment of the note or notes. To the extent the notes are not paid from
the grant or loan money pledged for the payment thereof, the principal and interest of the
notes must be paid from any taxes received by the deleted text begin councildeleted text end new text begin board new text end and any income and revenue
received by or accrued to the deleted text begin councildeleted text end new text begin commissioner new text end during the fiscal year in which the note
or notes were issued, or other money deleted text begin of the councildeleted text end lawfully available therefor.
Sec. 80.
Minnesota Statutes 2020, section 473.446, subdivision 1, is amended to read:
Subdivision 1.
Metropolitan area transit tax.
(a) For the purposes of sections 473.405
to 473.449 and the metropolitan transit system, except as otherwise provided in this
subdivision, the deleted text begin councildeleted text end new text begin Metropolitan Area Transit Board established in subdivision 1c,
new text end shall levy each year upon all taxable property within the metropolitan area, defined in section
473.121, subdivision 2, a transit tax consisting of:
(1) an amount necessary to provide full and timely payment of certificates of indebtedness,
bonds, including refunding bonds or other obligations issued or to be issued under section
473.39 deleted text begin by the councildeleted text end for purposes of acquisition and betterment of property and other
improvements of a capital nature and to which the new text begin former Metropolitan new text end Councilnew text begin , or the
Metropolitan Area Transit Board, as applicable,new text end has specifically pledged tax levies under
this clause; and
(2) an additional amount necessary to provide full and timely payment of certificates of
indebtedness issued by the new text begin former Metropolitan new text end Councilnew text begin or the Metropolitan Area Transit
Boardnew text end , after consultation with the commissioner of management and budget, if revenues to
the metropolitan area transit fund in the fiscal year in which the indebtedness is issued
increase over those revenues in the previous fiscal year by a percentage less than the
percentage increase for the same period in the revised Consumer Price Index for all urban
consumers for the St. Paul-Minneapolis metropolitan area prepared by the United States
Department of Labor.
(b) Indebtedness to which property taxes have been pledged under paragraph (a), clause
(2), that is incurred in any fiscal year may not exceed the amount necessary to make up the
difference between (1) the amount that the deleted text begin councildeleted text end new text begin commissioner of transportation new text end received
or expects to receive in that fiscal year from the metropolitan area transit fund and (2) the
amount the new text begin former Metropolitan new text end Council new text begin or the commissioner new text end received from that fund in
the previous fiscal year multiplied by the percentage increase for the same period in the
revised Consumer Price Index for all urban consumers for the St. Paul-Minneapolis
metropolitan area prepared by the United States Department of Labor.
Sec. 81.
Minnesota Statutes 2020, section 473.446, is amended by adding a subdivision
to read:
new text begin Subd. 1c. new text end
new text begin Metropolitan Area Transit Board. new text end
new text begin
(a) A Metropolitan Area Transit Board
is established, consisting of one commissioner of each county included in whole or in part
within the transit taxing district designated in subdivision 2. Each of those county boards
must appoint its initial member to the Metropolitan Area Transit Board by June 1, 2022.
new text end
new text begin
(b) The board must annually set the levy as required under this section, and may issue
obligations as provided in section 473.39, and borrow as provided in section 473.436. Each
member's term on the board ends four years after the date of appointment or when the
member ceases to be a county commissioner. The county board will appoint a successor
member to represent the county on the transit board.
new text end
new text begin
(c) The board may utilize no more than ... percent of the proceeds of the tax imposed
under this section for ordinary administrative expenses incurred in carrying out the provisions
of this section and sections 473.436 and 473.39. Any additional administrative expenses
must be paid by the participating counties.
new text end
Sec. 82.
Minnesota Statutes 2020, section 473.446, subdivision 2, is amended to read:
Subd. 2.
Transit taxing district.
The metropolitan transit taxing district is hereby
designated as that portion of the metropolitan transit area lying within the following named
cities, towns, or unorganized territory within the counties indicated:
(a) Anoka County. Anoka, Blaine, Centerville, Columbia Heights, Coon Rapids, Fridley,
Circle Pines, Hilltop, Lexington, Lino Lakes, Spring Lake Park;
(b) Carver County. Chanhassen, the city of Chaska;
(c) Dakota County. Apple Valley, Burnsville, Eagan, Inver Grove Heights, Lilydale,
Mendota, Mendota Heights, Rosemount, South St. Paul, Sunfish Lake, West St. Paul;
(d) Ramsey County. All of the territory within Ramsey County;
(e) Hennepin County. Bloomington, Brooklyn Center, Brooklyn Park, Champlin,
Chanhassen, Crystal, Deephaven, Eden Prairie, Edina, Excelsior, Golden Valley, Greenwood,
Hopkins, Long Lake, Maple Grove, Medicine Lake, Minneapolis, Minnetonka, Minnetonka
Beach, Mound, New Hope, Orono, Osseo, Plymouth, Richfield, Robbinsdale, St. Anthony,
St. Louis Park, Shorewood, Spring Park, Tonka Bay, Wayzata, Woodland, the unorganized
territory of Hennepin County;
(f) Scott County. Prior Lake, Savage, Shakopee;
(g) Washington County. Baytown, the city of Stillwater, White Bear Lake, Bayport,
Birchwood, Cottage Grove, Dellwood, Lake Elmo, Landfall, Mahtomedi, Newport, Oakdale,
Oak Park Heights, Pine Springs, St. Paul Park, Willernie, Woodbury.
The deleted text begin Metropolitan Council in its sole discretiondeleted text end new text begin commissioner of transportation new text end may
provide transit service by contract beyond the boundaries of the metropolitan transit taxing
district or to cities and towns within the taxing district deleted text begin which are receiving financial assistance
under section 473.388,deleted text end upon petition therefor by an interested city, township or political
subdivision within the metropolitan transit area. The deleted text begin Metropolitan Councildeleted text end new text begin commissioner
of transportation new text end may establish deleted text begin suchdeleted text end new text begin the new text end terms and conditions deleted text begin as it deemsdeleted text end new text begin deemed new text end necessary
and advisable for providing the transit service, including such combination of fares and
direct payments by the petitioner deleted text begin asdeleted text end new text begin that new text end will compensate deleted text begin the councildeleted text end for the full capital and
operating cost of the service and the related administrative activities deleted text begin of the councildeleted text end . The
amount of the levy made by any municipality to pay for the service shall be disregarded
when calculation of levies subject to limitations is madedeleted text begin , provided that cities and towns
receiving financial assistance under section 473.388 shall not make a special levy under
this subdivision without having first exhausted the available local transit funds as defined
in section 473.388deleted text end . The deleted text begin council shalldeleted text end new text begin commissioner is new text end not deleted text begin bedeleted text end obligated to extend service
beyond the boundaries of the taxing districtdeleted text begin , or to cities and towns within the taxing district
which are receiving financial assistance under section 473.388,deleted text end under any law or contract
unless or until payment therefor is received.
Sec. 83.
Minnesota Statutes 2020, section 473.446, subdivision 3, is amended to read:
Subd. 3.
Certification and collection.
Each county treasurer shall collect and make
settlement of the taxes levied under subdivisions 1 and 1a with the deleted text begin treasurer of the council
deleted text end new text begin commissioner of transportationnew text end . The levy of transit taxes pursuant to this section shall not
affect the amount or rate of taxes which may be levied by any county or municipality deleted text begin or by
the councildeleted text end for other purposes authorized by law and shall be in addition to any other property
tax authorized by law.
Sec. 84.
Minnesota Statutes 2020, section 473.446, subdivision 8, is amended to read:
Subd. 8.
State review.
The commissioner of revenue shall certify the deleted text begin council'sdeleted text end levy
limitation under this section to the deleted text begin councildeleted text end new text begin Metropolitan Area Transit Board new text end by August 1
of the levy year. The deleted text begin councildeleted text end new text begin board new text end must certify its proposed property tax levy under this
section to the commissioner of revenue by September 1 of the levy year. The commissioner
of revenue shall annually determine whether the property tax for transit purposes certified
deleted text begin by the councildeleted text end for levy deleted text begin following the adoption of its proposed budgetdeleted text end new text begin by the board new text end is within
the levy limitation imposed by subdivisions 1 and 1b. The commissioner shall also annually
determine whether the transit tax imposed on all taxable property within the metropolitan
transit area but outside of the metropolitan transit taxing district is within the levy limitation
imposed by subdivision 1a. The determination must be completed prior to September 10 of
each year. If current information regarding market valuation in any county is not transmitted
to the commissioner in a timely manner, the commissioner may estimate the current market
valuation within that county for purposes of making the calculations.
Sec. 85.
Minnesota Statutes 2020, section 473.448, is amended to read:
473.448 TRANSIT ASSETS EXEMPT FROM TAX BUT MUST PAY
ASSESSMENTS.
(a) Notwithstanding any other provision of law to the contrary, the properties, moneys,
and other assets of the deleted text begin councildeleted text end new text begin department new text end used for transit operations new text begin in the metropolitan
area new text end or for special transportation services new text begin in the metropolitan area new text end and all revenues or other
income from the deleted text begin council'sdeleted text end new text begin department's new text end transit operations new text begin in the metropolitan area new text end or special
transportation services new text begin in the metropolitan area new text end are exempt from all taxation, licenses, or
fees imposed by the state or by any county, municipality, political subdivision, taxing district,
or other public agency or body of the state, except to the extent that the property is subject
to the sales and use tax under chapter 297A.
(b) Notwithstanding paragraph (a), the deleted text begin council'sdeleted text end new text begin department's new text end transit properties are subject
to special assessments levied by a political subdivision for a local improvement in amounts
proportionate to and not exceeding the special benefit received by the properties from the
improvement.
Sec. 86.
Minnesota Statutes 2020, section 473.449, is amended to read:
473.449 ACT EXCLUSIVE.
The exercise by the deleted text begin councildeleted text end new text begin commissioner new text end of the powers provided in sections 473.405
to 473.449 shall not be subject to regulation by or the jurisdiction or control of any other
public body or agency, either state, county, or municipal, except as specifically provided
in this chapter.
Sec. 87. new text begin TRANSFER PROVISIONS.
new text end
new text begin Subdivision 1. new text end
new text begin General. new text end
new text begin
The Metropolitan Council's powers and duties related to transit
financing, coordination, and operation are transferred to the commissioner of transportation.
Minnesota Statutes, section 15.039, applies to the transfer of the council's powers, duties,
and assets to the commissioner to the extent practicable.
new text end
new text begin Subd. 2. new text end
new text begin Legislative proposal. new text end
new text begin
(a) The commissioner of transportation shall prepare
and submit to the legislature by February 1, 2023, proposed legislation to integrate the
department's metropolitan area transit powers and duties with its other transportation powers
and duties.
new text end
new text begin
(b) The proposal must include the following elements:
new text end
new text begin
(1) the Metropolitan Council transit operations shall become MnDOT Metropolitan
Transit Division (MTD);
new text end
new text begin
(2) a dedicated account adequate for MTD transit operations shall be established separate
from road and bridge, greater Minnesota transit, and other transportation department funds
and accounts;
new text end
new text begin
(3) MTD must fully advertise publicly owned and operated transit for the metropolitan
area;
new text end
new text begin
(4) MTD shall continue to operate and maintain regional fleet buses, trains, and routes
with a process set up to transfer ownership of the regional fleet buses, trains, and
appurtenances to MTD;
new text end
new text begin
(5) MCTO Union Local 1005 employees who were absorbed into Metropolitan Council
headquarters shall be given an opportunity to transfer to the new MTD by a process in the
legislative proposal;
new text end
new text begin
(6) MCTO Union Local 1005 employees at the time of the transfer from the Metropolitan
Council to MTD shall be transferred to MTD and that the collective bargaining agreement
in effect for Transfer Union Local 1005 at the time of the transfer continue in effect
unchanged; and
new text end
new text begin
(7) replacement services, contract services, and similar transit services that use MTD
fare boxes, radio system, transit supervision, police, security, maintenance, mechanical, and
other services may continue to do so if a fee is paid to MTD for the reasonable value of the
services.
new text end
Sec. 88. new text begin APPROPRIATION.
new text end
new text begin
$....... is appropriated in fiscal year 2023 from the general fund to the commissioner of
transportation, for the purposes of this article.
new text end
Sec. 89. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, sections 174.22, subdivision 3; 473.167, subdivisions 3 and
4; 473.388, subdivisions 1, 2, 3, 4, 5, and 7; 473.39, subdivision 4; 473.3993, subdivision
4; 473.3999; 473.411, subdivisions 3 and 4; and 473.4461,
new text end
new text begin
are repealed.
new text end
Sec. 90. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 25, 79, and 81 to 83 are effective for taxes payable in 2027 and thereafter.
Section 32 is effective the day following final enactment. The remainder of this article is
effective July 1, 2026.
new text end
ARTICLE 9
WATER AND SOLID WASTE MANAGEMENT
Section 1.
new text begin
[115.651] METROPOLITAN AREA SANITARY SEWER DISTRICT.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "Metropolitan Area Sanitary
Sewer District" or "metropolitan district" means a sanitary sewer district as defined in the
meaning of sections 115.61 to 115.67 that encompasses the metropolitan area, as defined
in section 473.121, subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Powers. new text end
new text begin
In addition to the powers and duties enumerated in sections 115.61 to
115.67, the metropolitan district has the powers and duties stated in this section.
new text end
new text begin Subd. 3. new text end
new text begin Ordinances; penalties. new text end
new text begin
The metropolitan district shall have the power to adopt
ordinances relating to the operation of any interceptors or treatment works operated by it
and may provide penalties for ordinance violations not exceeding the maximum that may
be specified for a misdemeanor. Any rule prescribing a penalty for violation shall be
published at least once in a newspaper having general circulation in the metropolitan area.
new text end
new text begin Subd. 4. new text end
new text begin Gifts; grants; loans. new text end
new text begin
The metropolitan district may accept gifts, may apply for
and accept grants or loans of money or other property from the United States, the state, or
any person for any of its purposes, including any grant available under the federal Water
Pollution Control Act Amendments of 1972, whether for construction, research or pilot
project implementation; may enter into any agreement required by the grant or loan; and
may hold, use, and dispose of the money or property in accordance with the terms of the
gift, grant, loan, or agreement. The metropolitan district has all powers necessary to comply
with the federal Water Pollution Control Act Amendments of 1972 and any associated grant
offered to it including, but not limited to, the power to enter into contracts with, or to impose
charges upon, persons using the metropolitan disposal system as it shall determine to be
necessary for the recovery of treatment works and interceptor costs paid with federal grant
funds. These costs shall be recovered by local government units on behalf of the metropolitan
district to the greatest extent practicable.
new text end
new text begin Subd. 5. new text end
new text begin Joint or cooperative action. new text end
new text begin
The metropolitan district may act under the
provisions of section 471.59, or any other appropriate law providing for joint or cooperative
action between government units.
new text end
new text begin Subd. 6. new text end
new text begin May acquire property. new text end
new text begin
The metropolitan district may acquire, by purchase,
lease, condemnation, gift, or grant, any real or personal property including positive and
negative easements and water and air rights, and it may construct, enlarge, improve, replace,
repair, maintain, and operate any interceptor or treatment works determined to be necessary
or convenient for the collection and disposal of sewage in the metropolitan area. Any local
government unit and the commissioners of transportation and natural resources are authorized
to convey to the metropolitan district any facilities owned or controlled by it, or permit the
metropolitan district to use any facilities owned or controlled by it subject to the rights of
the holders of any bonds issued with respect thereto, with or without compensation, and
without an election or approval by any other government agency. All powers conferred by
this subdivision may be exercised within or without the metropolitan area as may be necessary
for the metropolitan district to exercise its powers or accomplish its purposes. The
metropolitan district may hold property for its purposes and may lease any property not
needed for its purposes, upon the terms and in the manner as it shall deem advisable. Unless
otherwise provided, the right to acquire lands and property rights by condemnation shall be
exercised in accordance with chapter 117 and shall apply to any interest in property owned
by any local government unit, provided that no property devoted to an actual public use at
the time, or held to be devoted to public use within a reasonable time, shall be acquired
unless a court of competent jurisdiction determines that the use proposed by the district is
paramount to that use. Except for property in actual public use, the metropolitan district
may take possession of any property for which condemnation proceedings have been
commenced at any time after the issuance of a court order appointing commissioners for
its condemnation.
new text end
new text begin Subd. 7. new text end
new text begin Nonfranchise required. new text end
new text begin
The metropolitan district may construct or maintain
its systems or facilities in, along, on, under, over, or through public streets, bridges, viaducts,
and other public rights-of-way without first obtaining a franchise from any local government
unit having jurisdiction over them, but the facilities shall be constructed and maintained in
accordance with the ordinances and resolutions of any government unit relating to
construction, installation, and maintenance of similar facilities in public properties and shall
not obstruct the public use of rights-of-way.
new text end
new text begin Subd. 8. new text end
new text begin Surplus property. new text end
new text begin
The metropolitan district may sell or otherwise dispose of
any real or personal property acquired by it that is no longer required for accomplishment
of its purposes. The property may be sold in the manner provided by section 469.065, as
far as practical. The metropolitan district may give the notice of sale as it shall deem
appropriate. When the metropolitan district determines that any property or any interceptor
or treatment works that have been acquired from a local government unit without
compensation is no longer required, but is required as a local facility by the government
unit from which it was acquired, the metropolitan district may by resolution transfer it to
the government unit.
new text end
new text begin Subd. 9. new text end
new text begin Pacts with other governments. new text end
new text begin
The metropolitan district may contract with
the United States or its agency, any state or its agency, or any local government unit, agency,
or subdivision, for the joint use of any facility owned by the metropolitan district or the
entity, for the operation by the entity of any system or facility of the metropolitan district,
or for the performance of any service on the metropolitan district's behalf, on terms agreed
upon by the contracting parties.
new text end
Sec. 2.
new text begin
[115.652] TOTAL WATERSHED MANAGEMENT.
new text end
new text begin
The metropolitan district may enter into agreements with other governmental bodies
and agencies and spend funds to implement total watershed management. "Total watershed
management" means identifying and quantifying at a watershed level the (1) sources of
pollution, both point and nonpoint, (2) causes of conditions that may or may not be a result
of pollution, and (3) means of reducing pollution or alleviating adverse conditions. The
purpose of total watershed management is to achieve the best water quality for waters of
the state receiving the effluent of the metropolitan disposal system for the lowest total costs,
without regard to who will incur those costs.
new text end
Sec. 3.
new text begin
[115.653] SEWER SERVICE FUNCTION.
new text end
new text begin Subdivision 1. new text end
new text begin Duty of metropolitan district; existing; new facilities. new text end
new text begin
The metropolitan
district shall assume ownership of all existing interceptors and treatment works that will be
needed for the collection, treatment, and disposal of sewage in the metropolitan area, in the
manner and subject to the conditions prescribed in subdivision 2, and shall thereafter acquire,
construct, equip, operate, and maintain all additional interceptors and treatment works that
will be needed for those purposes. The metropolitan district shall assume ownership of all
treatment works owned by a local government unit if any part of the treatment works will
be needed for the stated purposes.
new text end
new text begin Subd. 2. new text end
new text begin Method of acquisition; existing debt. new text end
new text begin
The metropolitan district may require
any local government unit to transfer to the metropolitan district all of its rights, titles, and
interest in any interceptors or treatment works, and all necessary appurtenances owned by
the local government unit that will be needed for the purpose stated in subdivision 1.
Appropriate instruments of conveyance for the property shall be executed and delivered to
the metropolitan district by the proper officers of each local government unit concerned.
All persons regularly employed by a local government unit to operate and maintain any
treatment works so transferred to the metropolitan district, on the date on which the transfer
becomes effective, shall be employees of the metropolitan district, in the same manner and
with the same options and rights as are reserved to employees of sanitary districts and joint
boards under subdivision 3. The metropolitan district, upon assuming ownership of
interceptors or treatment works, shall become obligated to pay to the local government unit
amounts sufficient to pay when due all remaining principal of and interest on bonds issued
by the local government unit for the acquisition or betterment of the interceptors or treatment
works taken over. These amounts may be offset against any amount to be paid to the
metropolitan district by the local government unit as provided in section 115.656.
new text end
new text begin Subd. 3. new text end
new text begin Existing sanitary districts; joint sewer boards. new text end
new text begin
The employees shall perform
duties prescribed by the metropolitan district. All subsequent collections of taxes, special
assessments, or service charges levied or imposed by or for the Metropolitan Council must
be transferred to the metropolitan district. Effective July 1, 2023, employees of the
Metropolitan Council wastewater division are employees of the metropolitan district. The
district shall make the employer's contributions to pension funds of its employees. The
metropolitan district shall succeed to and become vested by action of law with all right,
title, and interest in and to any property, real or personal, owned or operated by the
Metropolitan Council in conjunction with its powers and duties related to wastewater. Prior
to that date, the Metropolitan Council shall execute and deliver to the metropolitan district
all deeds, conveyances, bills of sale, and other documents or instruments required to vest
in the metropolitan district good and marketable title to all real or personal property, provided
that vesting of the title must occur by operation of law and failure to execute and deliver
the documents does not affect the vesting of title in the metropolitan district on the dates
indicated in this subdivision. The metropolitan district shall become obligated to pay or
assume all bonded or other debt and contract obligations incurred by the former Metropolitan
Council wastewater division for the acquisition or betterment of any interceptors or treatment
works.
new text end
Sec. 4.
new text begin
[115.654] SEWAGE COLLECTION AND DISPOSAL; POWERS.
new text end
new text begin Subdivision 1. new text end
new text begin Identification of powers. new text end
new text begin
In addition to all other powers conferred upon
or delegated to the metropolitan district, the metropolitan district shall have the powers
specified in this section.
new text end
new text begin Subd. 2. new text end
new text begin Right to discharge treated sewage. new text end
new text begin
The metropolitan district shall have the
right to discharge the effluent from any treatment works operated by it into any waters of
the state in accordance with any effluent or water quality standards lawfully adopted by the
Pollution Control Agency.
new text end
new text begin Subd. 3. new text end
new text begin Connections with metropolitan system. new text end
new text begin
The metropolitan district may require
any person or local government unit in the metropolitan area to provide for the discharge
of its sewage, directly or indirectly, into the metropolitan disposal system, or to connect
part or all of any disposal system or part with the metropolitan disposal system wherever
reasonable opportunity is provided; may regulate the manner in which the connections are
made; may require any person or local government unit discharging sewage into the
metropolitan disposal system to provide preliminary treatment; may prohibit the discharge
into the metropolitan disposal system of any substance that it determines will or may be
harmful to the system or any persons operating it; and may require any local government
unit to discontinue the acquisition, betterment, or operation of any facility for its disposal
system wherever adequate service is or will be provided by the metropolitan disposal system.
new text end
Sec. 5.
new text begin
[115.655] VIOLATION OF WASTEWATER LAW; REMEDIES;
PENALTIES.
new text end
new text begin Subdivision 1. new text end
new text begin Remedies available. new text end
new text begin
(a) For purposes of this section, "violation" means
any discharge or action by a person that violates sections or rules, standards, variances,
ordinances, limitations, orders, stipulations, agreements, schedules of compliance, or permits
that are issued or adopted by the metropolitan district under sections 115.651 to 115.665.
new text end
new text begin
(b) Each violation may be enforced by any one or a combination of the following:
criminal prosecution, civil action, or other appropriate action in accordance with sections
115.651 to 115.665.
new text end
new text begin Subd. 2. new text end
new text begin Criminal penalties; duties. new text end
new text begin
(a) Any person who commits a violation under
subdivision 1 may be sentenced to imprisonment for not more than 90 days or to payment
of a fine of not more than $1,000, or both.
new text end
new text begin
(b) County attorneys, sheriffs and other peace officers, and other officers authorized to
enforce criminal laws shall take all action necessary to prosecute and punish violations.
new text end
new text begin Subd. 3. new text end
new text begin Civil penalties. new text end
new text begin
A violation is subject to a penalty payable to the state, in an
amount to be determined by the court, of not more than $1,000 per day of violation. The
civil penalty may be recovered by a civil action brought by the metropolitan district in the
name of the state.
new text end
Sec. 6.
new text begin
[115.656] ALLOCATION OF COSTS.
new text end
new text begin Subdivision 1. new text end
new text begin Allocation method. new text end
new text begin
Except as provided in subdivision 2, the estimated
costs of operation, maintenance, and debt service of the metropolitan disposal system to be
paid by the metropolitan district in each fiscal year, and the costs of acquisition and
betterment of the system that are to be paid during the year from funds other than bond
proceeds, including all expenses incurred by the metropolitan district pursuant to sections
115.653 to 115.665, are referred to in this section as current costs and shall be allocated
among and paid by all local government units that will discharge sewage, directly or
indirectly, into the metropolitan disposal system during the budget year according to an
allocation method determined by the metropolitan district. The allocated costs may include
an amount for a reserve or contingency fund and an amount for cash flow management.
The cash-flow management fund so established must not exceed five percent of the
metropolitan district's total waste control operating budget.
new text end
new text begin Subd. 2. new text end
new text begin Allocation of treatment; interceptor costs; reserved capacity. new text end
new text begin
(a) In preparing
each budget, the metropolitan district shall estimate the current costs of acquisition,
betterment, and debt service of the treatment works in the metropolitan disposal system that
will not be used to total capacity during the budget year and the percentage of capacity that
will not be used, and shall deduct the same percentage of the treatment works costs from
the current costs allocated under subdivision 1. The metropolitan district shall also estimate
the current costs of acquisition, betterment, and debt service of the interceptors in the
metropolitan disposal system that will not be used to total capacity during the budget year,
shall estimate the percentage of the total capacity that will not be used, and shall deduct the
same percentage of interceptor costs from the current costs allocated under subdivision 1.
The total amount so deducted with respect to all treatment works and interceptors in the
system shall be allocated among and paid by the respective local government units in the
metropolitan area through a metropolitan sewer availability charge for each new connection
or increase in capacity demand to the metropolitan disposal system within each local
government unit. Amounts collected through the metropolitan sewer availability charge
(SAC) must be deposited in the metropolitan district's wastewater reserve capacity fund.
Each fiscal year, an amount from the wastewater reserve capacity fund shall be transferred
to the wastewater operating fund for the reserved capacity costs described in this paragraph.
For the purposes of this subdivision, the amount transferred from the wastewater reserve
capacity fund to the wastewater operating fund shall be referred to as the "SAC transfer
amount."
new text end
new text begin
(b) If, after appropriate study and a public hearing, the metropolitan district determines
for the next fiscal year that a reduction of the SAC transfer amount is necessary or desirable
to ensure adequate funds remain in the wastewater reserve capacity fund, based on a goal
of maintaining at least the next year's estimated SAC transfer amount in the wastewater
reserve capacity fund, the metropolitan district may reduce the SAC transfer amount for
that fiscal year. If the metropolitan district reduces the SAC transfer amount for the next
fiscal year, the metropolitan district must then increase the metropolitan sewer availability
charge by an amount not less than the greater of six percent or the annual percentage change
in the Consumer Price Index for the metropolitan region for the previous year plus three
percentage points. For the purposes of this subdivision, any reduction in the SAC transfer
amount shall be referred to as the "SAC transfer deficit." This paragraph expires at the end
of calendar year 2022.
new text end
new text begin
(c) The metropolitan district will record on a cumulative basis the total SAC transfer
deficit. In any year that the wastewater reserve capacity fund has a year-end balance of at
least two years' estimated SAC transfer amount, the metropolitan district shall increase the
subsequent annual SAC transfer amount in excess of the amount required by paragraph (a)
with the goal of eliminating the cumulative total SAC transfer deficit. The annual amount
by which the metropolitan district increases the SAC transfer amount shall be determined
by the metropolitan district after appropriate study and a public hearing.
new text end
new text begin Subd. 3. new text end
new text begin Deferment of payments. new text end
new text begin
The metropolitan district may provide for the
deferment of payment of all or part of the allocated costs that are allocated by the district
to a local government unit in any year pursuant to subdivision 2, repayable at the time or
times as the metropolitan district shall specify, with interest at the approximate average
annual rate borne by metropolitan district bonds outstanding at the time of the deferment,
as determined by the metropolitan district. The deferred costs shall be allocated to and paid
by all local government units in the metropolitan area that will discharge sewage, directly
or indirectly, into the metropolitan disposal system in the budget year for which the deferment
is granted, in the same manner and proportions as costs are allocated under subdivision 1.
new text end
new text begin Subd. 4. new text end
new text begin Direct charging of industrial users. new text end
new text begin
(a) For the purposes of this subdivision,
the term "industrial discharger" means a recipient of wastewater treatment services that is
required by metropolitan district rules or procedures to have a permit issued by the
metropolitan district in order to discharge sewage to the metropolitan disposal system.
new text end
new text begin
(b) The metropolitan district may directly impose on all or any category of industrial
dischargers all or any portion of the costs that would otherwise be allocated among and paid
by local government units under subdivision 1. Any amounts imposed directly on industrial
dischargers by the metropolitan district under this subdivision must be deducted from the
amounts to be allocated among and paid by local government units under subdivision 1,
and any charges imposed by a local government unit for the same purpose are of no further
force and effect from and after the effective date of the metropolitan district's direct charges.
Charges imposed under this subdivision are in addition to any other charges imposed on
industrial dischargers by a local government unit and must be paid by the industrial discharger
at intervals as may be established by the metropolitan district. The metropolitan district may
impose interest charges upon delinquent payments.
new text end
new text begin
(c) Charges by the metropolitan district to industrial dischargers under this subdivision
including any interest charges, as well as any other charges or related fees owed by the
industrial discharger pursuant to a discharge permit issued by the metropolitan district for
the subject property, are a charge jointly and severally against the owners, lessees, and
occupants of the property served. The metropolitan district may certify the unpaid amounts
to the appropriate county auditor as a tax for collection as other taxes are collected on the
property served. The proceeds of any tax collected pursuant to the metropolitan district's
certification must be paid by the county treasurer to the metropolitan district when collected.
Certification does not preclude the metropolitan district from recovery of delinquent amounts
and interest under any other available remedy.
new text end
Sec. 7.
new text begin
[115.6565] 1972 WATER POLLUTION CONTROL ACT; USE CHARGE
SHARES.
new text end
new text begin
Each local government unit shall adopt a system of charges for the use and availability
of the metropolitan disposal system that will assure that each recipient of waste treatment
services within or served by the unit will pay its proportionate share of the costs allocated
to the unit by the metropolitan district under section 115.656, as required by the federal
Water Pollution Control Act Amendments of 1972, and any regulations issued pursuant to
it. Each system of charges shall be adopted as soon as possible and shall be submitted to
the metropolitan district. The metropolitan district shall review each system of charges to
determine whether it complies with the federal law and regulations. If it determines that a
system of charges does not comply, the adopting unit shall be notified and shall change its
system to comply, and shall submit the changes to the metropolitan district for review. All
subsequent changes in a system of charges proposed by a local government unit shall also
be submitted to the metropolitan district for review.
new text end
Sec. 8.
new text begin
[115.657] PAYMENTS TO METROPOLITAN DISTRICT.
new text end
new text begin Subdivision 1. new text end
new text begin Amounts due metropolitan district, when payable. new text end
new text begin
Charges payable
to the metropolitan district by local government units may be made payable at the times
during each year as the metropolitan district determines, but dates shall be fixed with
reference to the dates on which tax, assessment, and revenue collections become available
to the government units required to pay the charges.
new text end
new text begin Subd. 2. new text end
new text begin Component municipalities; obligations to metropolitan district. new text end
new text begin
Each
government unit shall pay to the metropolitan district all sums charged to it as provided in
section 115.656, at the times and in the manner determined by the metropolitan district. The
governing body of each government unit shall take all action that may be necessary to
provide the funds required for the payments and to make the same when due.
new text end
new text begin Subd. 3. new text end
new text begin Powers of government units. new text end
new text begin
To accomplish any duty imposed on it by the
metropolitan district, the governing body of every government unit in the metropolitan area
may exercise the powers granted any municipality by chapters 117, 412, 429, 475, and
sections 115.46, 444.075, and 471.59.
new text end
new text begin Subd. 4. new text end
new text begin Deficiency tax levies. new text end
new text begin
If the governing body of any local government unit fails
to meet any payment to the metropolitan district when due, the metropolitan district may
certify to the auditor of the county in which the government unit is located the amount
required for payment with interest at six percent per annum. The auditor shall levy and
extend the amount as a tax upon all taxable property in the government unit for the next
calendar year, free from any existing limitations imposed by law or charter. The tax shall
be collected in the same manner as the general taxes of the government unit, and the proceeds,
when collected, shall be paid by the county treasurer to the treasurer of the metropolitan
district and credited to the government unit for which the tax was levied.
new text end
Sec. 9.
new text begin
[115.658] CONSTRUCTION CONTRACTS SUBJECT TO UNIFORM
MUNICIPAL BID LAW.
new text end
new text begin Subdivision 1. new text end
new text begin Bids for contracts. new text end
new text begin
All contracts for construction work, or for the purchase
of materials, supplies, or equipment relating to the metropolitan disposal system shall be
made as provided in section 471.345, subdivisions 3 to 6. Contracts subject to section
471.345, subdivision 3, shall be made by the metropolitan district by publishing once in a
legal newspaper or trade paper published in a city of the first class not less than two weeks
before the last day for submission of bids, notice that bids or proposals will be received.
The notice shall state the nature of the work or purchase, the terms and conditions upon
which the contract is to be awarded, and a time and place where bids will be received,
opened, and read publicly. After the bids have been duly received, opened, read publicly,
and recorded, the metropolitan district shall award the contract to the lowest responsible
bidder or it may reject all bids and readvertise. Each contract shall be duly executed in
writing and the party to whom the contract is awarded shall give sufficient bond or security
to the board for the faithful performance of the contract as required by law. The metropolitan
district shall have the right to set qualifications and specifications and to require bids to
meet all the qualifications and specifications before being accepted. If the metropolitan
district by an affirmative vote of two-thirds of its members declares that an emergency exists
requiring the immediate purchase of materials or supplies at a cost in excess of the amount
specified in section 471.345, subdivision 3, or in making emergency repairs, it shall not be
necessary to advertise for bids.
new text end
new text begin Subd. 2. new text end
new text begin Contracts over $50,000; best value alternative. new text end
new text begin
As an alternative to the
procurement method described in subdivision 1, the metropolitan district may issue a request
for proposals and award the contract to the vendor or contractor offering the best value
under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a),
clause (2), and paragraph (c).
new text end
new text begin Subd. 3. new text end
new text begin Manager's authority. new text end
new text begin
The manager of wastewater services may, without prior
approval of the metropolitan district and without advertising for bids, enter into any contract
of the type referred to in subdivision 1 that is not in excess of the amount specified in section
471.345, subdivision 3.
new text end
Sec. 10.
new text begin
[115.659] DEBT OBLIGATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Certificates of indebtedness. new text end
new text begin
At any time or times after approval of an
annual budget, and in anticipation of the collection of tax and other revenues appropriated
in the budget, the metropolitan district may, by resolution, authorize the issuance, negotiation,
and sale, in the form and manner and upon the terms as it may determine, of general
obligation certificates of indebtedness in aggregate principal amounts not exceeding 50
percent of the total amount of the appropriations, and maturing not later than April 1
following the close of the budget year. All receipts of tax and other revenues included in
the budget, after the expenditure of appropriated funds, shall be irrevocably appropriated
to a special fund to pay the principal of and the interest on the certificates when due. If the
anticipated revenues are insufficient to pay the certificates and interest when due, the
metropolitan district shall levy a tax in the amount of the deficiency on all taxable property
in the metropolitan area, and shall appropriate this amount to the special fund, to be credited
thereto from the first tax and other revenues received in the following budget year.
new text end
new text begin Subd. 2. new text end
new text begin Emergency certificates. new text end
new text begin
If, in any budget year, the receipts of tax and other
revenues should from some unforeseen cause become insufficient to pay the metropolitan
district's current wastewater control expenses, or if any calamity or other public emergency
should subject it to the necessity of making extraordinary wastewater control expenditures,
the metropolitan district may make an emergency appropriation of an amount sufficient to
meet the deficiency and may authorize the issuance, negotiation, and sale of certificates of
indebtedness in this amount in the same manner and upon the same conditions as provided
in subdivision 1, except that the metropolitan district shall forthwith levy on all taxable
property in the metropolitan area a tax sufficient to pay the certificates and interest and shall
appropriate all collections of the tax to a special fund created for that purpose. The certificates
may mature not later than April 1 in the year following the year in which the tax is collectible.
new text end
new text begin Subd. 3. new text end
new text begin General obligation bonds. new text end
new text begin
The metropolitan district may, by resolution,
authorize the issuance of general obligation bonds for the acquisition or betterment of any
interceptors or treatment works determined to be necessary or desirable for the metropolitan
disposal system, or for the refunding of outstanding bonds, certificates of indebtedness, or
judgments. The metropolitan district shall provide for the issuance and sale and for the
security of the bonds in the manner provided in chapter 475 and shall have the same powers
and duties as a municipality issuing bonds under that law, except that no election shall be
required and the net debt limitations in chapter 475 shall not apply to the bonds. The
metropolitan district may also pledge for the payment of the bonds any revenues receivable
under section 115.656.
new text end
new text begin Subd. 4. new text end
new text begin Revenue bonds. new text end
new text begin
(a) The metropolitan district may, by resolution, authorize the
issuance of revenue bonds for any purpose for which general obligation bonds may be issued
under subdivision 3. The bonds shall be sold, issued, and secured in the manner provided
in chapter 475 for bonds payable solely from revenues, except as otherwise provided in this
subdivision, and the metropolitan district shall have the same powers and duties as a
municipality and the governing body of a municipality in issuing bonds under that chapter.
The bonds shall be payable from and secured by a pledge of all or any part of revenues
receivable under section 115.656; and shall not, and shall state they do not, represent or
constitute a general obligation or debt of the metropolitan district; and shall not be included
in the net debt of any city, county, or other subdivision of the state for the purpose of any
net debt limitation. The proceeds of the bonds may be used to pay credit enhancement fees.
new text end
new text begin
(b) The bonds may be secured by a bond resolution, or a trust indenture entered into by
the metropolitan district with a corporate trustee within or outside the state, which shall
define the revenues and bond proceeds pledged for the payment and security of the bonds.
The pledge shall be a valid charge on the revenues received under section 115.656. No
mortgage of or security interest in any tangible real or personal property shall be granted
to the bondholders or the trustee, but they shall have a valid security interest in the revenues
and bond proceeds received by the council and pledged to the payment of the bonds as
against the claims of all persons in tort, contract, or otherwise, irrespective of whether the
parties have notice and without possession or filing as provided in the Uniform Commercial
Code or any other law, subject, however, to the rights of the holders of any general obligation
bonds issued under subdivision 3. In the bond resolution or trust indenture, the metropolitan
district may make covenants as it determines to be reasonable for the protection of the
bondholders, including a covenant to issue general obligation bonds to refund the revenue
bonds if and to the extent required to pay principal and interest on the bonds and to certify
a deficiency tax levy as provided in section 115.657, subdivision 4.
new text end
new text begin
(c) Neither the metropolitan district, nor any metropolitan district member, officer, or
employee, nor any agent of the metropolitan district, nor any person executing the bonds
shall be liable personally on the bonds by reason of their issuance. The bonds shall not be
payable from, nor a charge upon, any funds other than the revenues and bond proceeds
pledged to payment of the bonds, nor shall the metropolitan district be subject to liability
or have the power to obligate itself to pay, or to pay the bonds from funds other than the
revenues and bond proceeds pledged, and no holder or holders of bonds shall ever have the
right to compel any exercise of the taxing power of the metropolitan district (except any
deficiency tax levy the metropolitan district covenants to certify under section 115.657,
subdivision 4) or any other public body, to the payment of principal of or interest on the
bonds, nor to enforce payment against any property of the metropolitan district or other
public body other than that expressly pledged for payment.
new text end
Sec. 11.
new text begin
[115.661] DEPOSITORIES.
new text end
new text begin
The metropolitan district shall, from time to time, designate one or more national or
state banks, or trust companies authorized to do a banking business, as official depositories
for money of the metropolitan district, and shall require the treasurer to deposit all or a part
of the money in the designated institutions. The designation shall be in writing and shall
set forth all the terms and conditions upon which the deposits are made. The designation
shall be signed by the chair and treasurer, and made a part of the minutes of the metropolitan
district. Any bank or trust company so designated shall qualify as a depository by furnishing
a corporate surety bond or collateral in the amounts required by section 118A.03. However,
no bond or collateral shall be required to secure any deposit insofar as it is insured under
federal law.
new text end
Sec. 12.
new text begin
[115.662] MONEY, ACCOUNTS, AND INVESTMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Disposed of as budgeted; pledges. new text end
new text begin
All money from wastewater control
operations received by the metropolitan district shall be deposited or invested by the treasurer
and disposed of as the metropolitan district may direct in accordance with its waste control
budget, provided that any money that has been pledged or dedicated by the metropolitan
district to the payment of obligations or interest or associated expenses or for any other
specific purpose authorized by law shall be paid by the treasurer into the fund to which it
has been pledged.
new text end
new text begin Subd. 2. new text end
new text begin Accounts. new text end
new text begin
The metropolitan district's treasurer shall establish funds and accounts
that may be necessary or convenient to handle the receipts and disbursements of the
metropolitan district in an orderly fashion.
new text end
new text begin Subd. 3. new text end
new text begin Where to deposit; how to invest. new text end
new text begin
Money in the funds and accounts may be
deposited in the official depositories of the metropolitan district or invested as provided in
this subdivision. The amount not currently needed or required by law to be kept in cash on
deposit may be invested in obligations authorized for the investment of public funds by
section 118A.04. Money may also be held under certificates of deposit issued by any official
depository of the metropolitan district.
new text end
new text begin Subd. 4. new text end
new text begin Bond proceeds. new text end
new text begin
The use of proceeds of all bonds issued by the metropolitan
district for the acquisition and betterment of interceptors or treatment works, and the use,
other than investment, of all money in any sinking fund or funds of the metropolitan district,
shall be governed by the provisions of chapter 475 and the provisions of resolutions
authorizing the issuance of bonds.
new text end
Sec. 13.
new text begin
[115.663] PROPERTY EXEMPT FROM TAXATION.
new text end
new text begin
Any properties, real or personal, owned, leased, controlled, used, or occupied by the
metropolitan district for any purpose referred to in Minnesota Statutes 1984, section 473.502,
are declared to be acquired, owned, leased, controlled, used, and occupied for public,
governmental, and municipal purposes, and shall be exempt from taxation by the state or
any political subdivision of the state, except to the extent that the property is subject to the
sales and use tax under chapter 297A, provided that the properties shall be subject to special
assessments levied by a political subdivision for a local improvement in amounts
proportionate to and not exceeding the special benefit received by the properties from the
improvement. No possible use of the properties in any manner different from their use as
part of the metropolitan disposal system at the time shall be considered in determining the
special benefit received by the properties. All the assessments shall be subject to final
confirmation by the metropolitan district, whose determination of the benefits shall be
conclusive upon the political subdivision levying the assessment.
new text end
Sec. 14.
new text begin
[115.664] TAX LEVIES.
new text end
new text begin
The metropolitan district shall have power to levy taxes for debt service of the
metropolitan disposal system upon all taxable property within the metropolitan area, without
limitation of rate or amount and without affecting the amount or rate of taxes that may be
levied by the metropolitan district for other purposes or by any local government unit in the
area. The metropolitan district shall also have power to levy taxes as provided in section
115.657. Each of the county auditors shall annually assess and extend upon the tax rolls in
the auditor's county the portion of the taxes levied by the metropolitan district in each year
that is certified to the auditor by the metropolitan district. Each county treasurer shall collect
and make settlement of the taxes with the metropolitan district in the same manner as with
other political subdivisions.
new text end
Sec. 15.
new text begin
[115.665] RELATION TO EXISTING LAWS.
new text end
new text begin
The provisions of sections 115.653 to 115.67 shall be given full effect notwithstanding
any other law. The powers conferred on the metropolitan district under sections 115.653 to
115.67 shall in no way diminish or supersede the powers conferred on the Pollution Control
Agency by chapters 115 and 116.
new text end
Sec. 16.
new text begin
[115.666] SEVERABILITY.
new text end
new text begin
If any provision of sections 115.61 to 115.67 or its application to any person or
circumstances is held to be invalid, the invalidity shall not affect other provisions or
applications of sections 115.61 to 115.67, which can be given effect without the invalid
provision or application, and to this end the provisions of sections 115.61 to 115.67 and
their various applications are declared to be severable.
new text end
Sec. 17.
Minnesota Statutes 2020, section 115A.151, is amended to read:
115A.151 RECYCLING REQUIREMENTS; PUBLIC ENTITIES; COMMERCIAL
BUILDINGS; SPORTS FACILITIES.
(a) A public entity, the owner of a sports facility, and an owner of a commercial building
shall:
(1) ensure that facilities under its control, from which mixed municipal solid waste is
collected, also collect at least three recyclable materials, such as, but not limited to, paper,
glass, plastic, and metal; and
(2) transfer all recyclable materials collected to a recycler.
(b) For the purposes of this section:
(1) "public entity" means the state, an office, agency, or institution of the state, deleted text begin the
Metropolitan Council,deleted text end a metropolitan agency, the Metropolitan Mosquito Control
Commission, the legislature, the courts, a county, a statutory or home rule charter city, a
town, a school district, a special taxing district, or any entity that receives an appropriation
from the state for a capital improvement project after August 1, 2002;
(2) "metropolitan agency" deleted text begin and "Metropolitan Council" havedeleted text end new text begin hasnew text end the deleted text begin meaningsdeleted text end new text begin meaningnew text end
given deleted text begin themdeleted text end in section 473.121;
(3) "Metropolitan Mosquito Control Commission" means the commission created in
section 473.702;
(4) "commercial building" means a building that:
(i) is located in a metropolitan county, as defined in section 473.121;
(ii) contains a business classified in sectors 42 to 81 under the North American Industrial
Classification System; and
(iii) contracts for four cubic yards or more per week of solid waste collection; and
(5) "sports facility" means a professional or collegiate sports facility at which competitions
take place before a public audience.
Sec. 18.
Minnesota Statutes 2020, section 115A.471, is amended to read:
115A.471 PUBLIC ENTITIES; MANAGING SOLID WASTE.
(a) Prior to entering into or approving a contract for the management of mixed municipal
solid waste deleted text begin whichdeleted text end new text begin thatnew text end would manage the waste using a waste management practice that is
ranked lower on the list of preferred waste management practices in section 115A.02,
paragraph (b), than the waste management practice selected for such waste in the county
plan for the county in which the waste was generated, a public entity must:
(1) determine the potential liability to the public entity and its taxpayers for managing
the waste in this manner;
(2) develop and implement a plan for managing the potential liability; and
(3) submit the information from clauses (1) and (2) to the agency.
(b) For the purpose of this subdivision, "public entity" means the state; an office, agency,
or institution of the state; deleted text begin the Metropolitan Council;deleted text end a metropolitan agency; the Metropolitan
Mosquito Control District; the legislature; the courts; a county; a statutory or home rule
charter city; a town; a school district; another special taxing district; or any other general
or special purpose unit of government in the state.
Sec. 19.
Minnesota Statutes 2020, section 115A.52, is amended to read:
115A.52 TECHNICAL ASSISTANCE FOR PROJECTS.
The commissioner shall ensure the delivery of technical assistance for projects eligible
under the program. The commissioner may contract or issue grants for the delivery of
technical assistance by any state or federal agency, a regional development commission,
deleted text begin the Metropolitan Council,deleted text end or private consultants and may use program funds to reimburse
the agency, commission, deleted text begin council,deleted text end or consultants. The commissioner shall prepare and publish
an inventory of sources of technical assistance, including studies, publications, agencies,
and persons available. The commissioner shall ensure statewide benefit from projects assisted
under the program by developing exchange and training programs for local officials and
employees and by using the experience gained in projects to provide technical assistance
and education for other solid waste management projects in the state.
Sec. 20.
Minnesota Statutes 2020, section 116.16, subdivision 2, is amended to read:
Subd. 2.
Definitions.
In this section and sections 116.17 and 116.18:
(1) "agency" means the Minnesota Pollution Control Agency created by this chapter;
(2) "municipality" means any county, city, town, deleted text begin the metropolitan council,deleted text end or an Indian
Tribe or an authorized Indian Tribal organization, and any other governmental subdivision
of the state responsible by law for the prevention, control, and abatement of water pollution
in any area of the state;
(3) "water pollution control program" means the Minnesota state water pollution control
program created by subdivision 1;
(4) "bond account" means the Minnesota state water pollution control bond account
created in the state bond fund by section 116.17, subdivision 4;
(5) terms defined in section 115.01 have the meanings therein given them;
(6) the eligible cost of any municipal project, except as otherwise provided in clause
(7), includes (a) preliminary planning to determine the economic, engineering, and
environmental feasibility of the project; (b) engineering, architectural, legal, fiscal, economic,
sociological, project administrative costs of the agency and the municipality, and other
investigations and studies; (c) surveys, designs, plans, working drawings, specifications,
procedures, and other actions necessary to the planning, design, and construction of the
project; (d) erection, building, acquisition, alteration, remodeling, improvement, and
extension of disposal systems; (e) inspection and supervision of construction; and (f) all
other expenses of the kinds enumerated in section 475.65;
(7) for state grants under the state independent grants program, the eligible cost includes
the acquisition of land for stabilization ponds, the construction of collector sewers for totally
unsewered statutory and home rule charter cities and towns described under section 368.01,
subdivision 1 or 1a, that are in existence on January 1, 1985, and the provision of reserve
capacity sufficient to serve the reasonable needs of the municipality for 20 years in the case
of treatment works and 40 years in the case of sewer systems. For state grants under the
state independent grants program, the eligible cost does not include the provision of service
to seasonal homes, or cost increases from contingencies that exceed three percent of as-bid
costs or cost increases from unanticipated site conditions that exceed an additional two
percent of as-bid costs;
(8) "authority" means the Minnesota Public Facilities Authority established in section
446A.03.
Sec. 21.
Minnesota Statutes 2020, section 116.182, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Agency" means the Pollution Control Agency.
(c) "Authority" means the Public Facilities Authority established in section 446A.03.
(d) "Commissioner" means the commissioner of the Pollution Control Agency.
(e) "Essential project components" means those components of a wastewater disposal
system that are necessary to convey or treat a municipality's existing wastewater flows and
loadings.
(f) "Municipality" means a county, home rule charter or statutory city, town, deleted text begin the
Metropolitan Council,deleted text end an Indian Tribe or an authorized Indian Tribal organization; or any
other governmental subdivision of the state responsible by law for the prevention, control,
and abatement of water pollution in any area of the state.
(g) "Outstanding international resource value waters" are the surface waters of the state
in the Lake Superior Basin, other than Class 7 waters and those waters designated as
outstanding resource value waters.
(h) "Outstanding resource value waters" are those that have high water quality, wilderness
characteristics, unique scientific or ecological significance, exceptional recreation value,
or other special qualities that warrant special protection.
Sec. 22.
Minnesota Statutes 2020, section 116D.04, subdivision 1a, is amended to read:
Subd. 1a.
Definitions.
For the purposes of this chapter, the following terms have the
meanings given to them in this subdivision.
(a) "Natural resources" has the meaning given it in section 116B.02, subdivision 4.
(b) "Pollution, impairment, or destruction" has the meaning given it in section 116B.02,
subdivision 5.
(c) "Environmental assessment worksheet" means a brief document deleted text begin whichdeleted text end new text begin thatnew text end is designed
to set out the basic facts necessary to determine whether an environmental impact statement
is required for a proposed action.
(d) "Governmental action" means activities, including projects wholly or partially
conducted, permitted, assisted, financed, regulated, or approved by units of government
including the federal government.
(e) "Governmental unit" means any state agency and any general or special purpose unit
of government in the state including, but not limited to, watershed districts organized under
chapter 103D, counties, towns, cities, port authorities, housing authorities, and economic
development authorities established under sections 469.090 to 469.108, but not including
courts, school districts, the Department of Iron Range Resources and Rehabilitation, and
regional development commissions deleted text begin other than the Metropolitan Councildeleted text end .
Sec. 23.
Minnesota Statutes 2020, section 116G.03, subdivision 5, is amended to read:
Subd. 5.
Regional development commission.
"Regional development commission"
means any regional development commission created pursuant to sections 462.381 to 462.396
deleted text begin and the Metropolitan Council created by chapter 473deleted text end .
Sec. 24.
Minnesota Statutes 2020, section 116G.15, subdivision 2, is amended to read:
Subd. 2.
Administration; duties.
(a) The commissioner of natural resources, after
consultation with affected local units of government within the Mississippi River corridor
critical area, may adopt rules under chapter 14 as are necessary for the administration of
the Mississippi River corridor critical area program. Duties of the Environmental Quality
Council or the Environmental Quality Board referenced in this chapter, related rules, and
the governor's Executive Order No. 79-19, published in the State Register on March 12,
1979, that are related to the Mississippi River corridor critical area shall be the duties of the
commissioner. All rules adopted by the board pursuant to these duties remain in effect and
shall be enforced until amended or repealed by the commissioner in accordance with law.
The commissioner shall work in consultation with the United States Army Corps of
Engineers, the National Park Service, deleted text begin the Metropolitan Council,deleted text end other agencies, and local
units of government to ensure that the Mississippi River corridor critical area is managed
as a multipurpose resource in a way that:
(1) conserves the scenic, environmental, recreational, mineral, economic, cultural, and
historic resources and functions of the river corridor;
(2) maintains the river channel for transportation by providing and maintaining barging
and fleeting areas in appropriate locations consistent with the character of the Mississippi
River and riverfront;
(3) provides for the continuation, development, and redevelopment of a variety of urban
uses, including industrial and commercial uses, and recreational and residential uses, where
appropriate, within the Mississippi River corridor;
(4) utilizes certain reaches of the river as a source of water supply and as a receiving
water for properly treated sewage, storm water, and industrial waste effluents; and
(5) protects and preserves the biological and ecological functions of the corridor.
deleted text begin
(b) The Metropolitan Council shall incorporate the standards developed under this section
into its planning and shall work with local units of government and the commissioner to
ensure the standards are being adopted and implemented appropriately.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end The rules must be consistent with residential nonconformity provisions under
sections 394.36 and 462.357.
Sec. 25.
Minnesota Statutes 2020, section 116G.15, subdivision 5, is amended to read:
Subd. 5.
Application.
The standards established under this section shall be used:
(1) by local units of government when preparing or updating plans or modifying
regulations;
(2) by state and regional agencies for permit regulation and in developing plans within
their jurisdiction;new text begin and
new text end
deleted text begin
(3) by the Metropolitan Council for reviewing plans and regulations; and
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end by the commissioner when approving plans and regulations, and reviewing
development permit applications.
Sec. 26.
Minnesota Statutes 2020, section 116J.401, subdivision 2, is amended to read:
Subd. 2.
Duties; authorizations; limitations.
(a) The commissioner of employment
and economic development shall:
(1) provide regional development commissionsdeleted text begin , the Metropolitan Council,deleted text end and units of
local government with information, technical assistance, training, and advice on using
federal and state programs;
(2) receive and administer the Small Cities Community Development Block Grant
Program authorized by Congress under the Housing and Community Development Act of
1974, as amended;
(3) receive and administer the section 107 technical assistance program grants authorized
by Congress under the Housing and Community Development Act of 1974, as amended;
(4) receive, administer, and supervise other state and federal grants and grant programs
for planning, community affairs, community development purposes, employment and
training services, and other state and federal programs assigned to the department by law
or by the governor in accordance with section 4.07;
(5) receive applications for state and federal grants and grant programs for planning,
community affairs, and community development purposes, and other state and federal
programs assigned to the department by law or by the governor in accordance with section
4.07;
(6) act as the agent of, and cooperate with, the federal government in matters of mutual
concern, including the administration of any federal funds granted to the state to aid in the
performance of functions of the commissioner;
(7) provide consistent, integrated employment and training services across the state;
(8) administer the Wagner-Peyser Act, the Workforce Investment Act, and other federal
employment and training programs;
(9) establish the standards for all employment and training services administered under
this chapter and chapters 116L, 248, 268, and 268A;
(10) administer the aspects of the Minnesota family investment program, general
assistance, and the Supplemental Nutrition Assistance Program (SNAP) that relate to
employment and training services, subject to the contract under section 116L.86, subdivision
1;
(11) obtain reports from local service units and service providers for the purpose of
evaluating the performance of employment and training services;
(12) as requested, certify employment and training services, and decertify services that
fail to comply with performance criteria according to standards established by the
commissioner;
(13) develop standards for the contents and structure of the local service unit plans and
plans for Indian Tribe employment and training services, review and comment on those
plans, and approve or disapprove the plans;
(14) supervise the county boards of commissioners, local service units, and any other
units of government designated in federal or state law as responsible for employment and
training programs;
(15) establish administrative standards and payment conditions for providers of
employment and training services;
(16) enter into agreements with Indian Tribes as necessary to provide employment and
training services as appropriate funds become available;
(17) cooperate with the federal government and its employment and training agencies
in any reasonable manner as necessary to qualify for federal aid for employment and training
services and money;
(18) administer and supervise all forms of unemployment insurance provided for under
federal and state laws;
(19) provide current state and substate labor market information and forecasts, in
cooperation with other agencies;
(20) require all general employment and training programs that receive state funds to
make available information about opportunities for women in nontraditional careers in the
trades and technical occupations;
(21) consult with the Rehabilitation Council for the Blind on matters pertaining to
programs and services for the blind and visually impaired;
(22) enter into agreements with other departments of the state and local units of
government as necessary;
(23) establish and maintain administrative units necessary to perform administrative
functions common to all divisions of the department;
(24) investigate, study, and undertake ways and means of promoting and encouraging
the prosperous development and protection of the legitimate interest and welfare of Minnesota
business, industry, and commerce, within and outside the state;
(25) locate markets for manufacturers and processors and aid merchants in locating and
contacting markets;
(26) as necessary or useful for the proper execution of the powers and duties of the
commissioner in promoting and developing Minnesota business, industry, and commerce,
both within and outside the state, investigate and study conditions affecting Minnesota
business, industry, and commerce; collect and disseminate information; and engage in
technical studies, scientific investigations, statistical research, and educational activities;
(27) plan and develop an effective business information service both for the direct
assistance of business and industry of the state and for the encouragement of business and
industry outside the state to use economic facilities within the state;
(28) compile, collect, and develop periodically, or otherwise make available, information
relating to current business conditions;
(29) conduct or encourage research designed to further new and more extensive uses of
the natural and other resources of the state and designed to develop new products and
industrial processes;
(30) study trends and developments in the industries of the state and analyze the reasons
underlying the trends;
(31) study costs and other factors affecting successful operation of businesses within
the state;
(32) make recommendations regarding circumstances promoting or hampering business
and industrial development;
(33) serve as a clearing house for business and industrial problems of the state;
(34) advise small business enterprises regarding improved methods of accounting and
bookkeeping;
(35) cooperate with interstate commissions engaged in formulating and promoting the
adoption of interstate compacts and agreements helpful to business, industry, and commerce;
(36) cooperate with other state departments and with boards, commissions, and other
state agencies in the preparation and coordination of plans and policies for the development
of the state and for the use and conservation of its resources insofar as the use, conservation,
and development may be appropriately directed or influenced by a state agency;
(37) in connection with state, county, and municipal public works projects, assemble
and coordinate information relative to the status, scope, cost, and employment possibilities
and availability of materials, equipment, and labor, and recommend limitations on the public
works;
(38) gather current progress information with reference to public and private works
projects of the state and its political subdivisions with reference to conditions of employment;
(39) inquire into and report to the governor, when requested by the governor, with respect
to any program of public state improvements and its financing; and request and obtain
information from other state departments or agencies as may be needed for the report;
(40) study changes in population and current trends and prepare plans and suggest policies
for the development and conservation of the resources of the state;
(41) confer and cooperate with the executive, legislative, or planning authorities of the
United States, neighboring states and provinces, and the counties and municipalities of
neighboring states, for the purpose of bringing about a coordination between the development
of neighboring provinces, states, counties, and municipalities and the development of this
state;
(42) generally gather, compile, and make available statistical information relating to
business, trade, commerce, industry, transportation, communication, natural resources, and
other like subjects in this state, with authority to call upon other state departments for
statistical data and results obtained by them and to arrange and compile that statistical
information in a reasonable manner;
(43) publish documents and annually convene regional meetings to inform businesses,
local government units, assistance providers, and other interested persons of changes in
state and federal law related to economic development;
(44) annually convene conferences of providers of economic development-related
financial and technical assistance for the purposes of exchanging information on economic
development assistance, coordinating economic development activities, and formulating
economic development strategies;
(45) provide business with information on the economic benefits of energy conservation
and on the availability of energy conservation assistance;
(46) as part of the biennial budget process, prepare performance measures for each
business loan or grant program within the jurisdiction of the commissioner. Measures include
source of funds for each program, number of jobs proposed or promised at the time of
application and the number of jobs created, estimated number of jobs retained, the average
salary and benefits for the jobs resulting from the program, and the number of projects
approved;
(47) provide a continuous program of education for business people;
(48) publish, disseminate, and distribute information and statistics;
(49) promote and encourage the expansion and development of markets for Minnesota
products;
(50) promote and encourage the location and development of new businesses in the state
as well as the maintenance and expansion of existing businesses and for that purpose
cooperate with state and local agencies and individuals, both within and outside the state;
(51) advertise and disseminate information as to natural resources, desirable locations,
and other advantages for the purpose of attracting businesses to locate in this state;
(52) aid the various communities in this state in attracting business to their communities;
(53) advise and cooperate with municipal, county, regional, and other planning agencies
and planning groups within the state for the purpose of promoting coordination between
the state and localities as to plans and development in order to maintain a high level of
gainful employment in private profitable production and achieve commensurate advancement
in social and cultural welfare;
(54) coordinate the activities of statewide and local planning agencies, correlate
information secured from them and from state departments and disseminate information
and suggestions to the planning agencies;
(55) encourage and assist in the organization and functioning of local planning agencies
where none exist; and
(56) adopt measures calculated to promote public interest in and understanding of the
problems of planning and, to that end, may publish and distribute copies of any plan or any
report and may employ other means of publicity and education that will give full effect to
the provisions of sections 116J.60 to 116J.63.
(b) At the request of any governmental subdivision in paragraph (a), clause (53), the
commissioner may provide planning assistance, which includes but is not limited to surveys,
land use studies, urban renewal plans, technical services and other planning work to any
city or other municipality in the state or perform similar planning work in any county or
metropolitan or regional area in the state. The commissioner must not perform the planning
work with respect to a metropolitan or regional area which is under the jurisdiction for
planning purposes of a county, metropolitan, regional, or joint planning body, except at the
request or with the consent of the respective county, metropolitan, regional, or joint planning
body.
(c) The commissioner is authorized to:
(1) receive and expend money from municipal, county, regional, and other planning
agencies;
(2) accept and disburse grants and other aids for planning purposes from the federal
government and from other public or private sources;
(3) utilize money received under clause (2) for the employment of consultants and other
temporary personnel to assist in the supervision or performance of planning work supported
by money other than state-appropriated money;
(4) enter into contracts with agencies of the federal government, units of local government
or combinations thereof, and with private persons that are necessary in the performance of
the planning assistance function of the commissioner; and
(5) assist any local government unit in filling out application forms for the federal
grants-in-aid.
(d) In furtherance of its planning functions, any city or town, however organized, may
expend money and contract with agencies of the federal government, appropriate departments
of state government, other local units of government, and with private persons.
Sec. 27.
Minnesota Statutes 2020, section 473.121, subdivision 24, is amended to read:
Subd. 24.
Metropolitan disposal system.
"Metropolitan disposal system" means any
or all of the interceptors or treatment works owned or operated by the metropolitan deleted text begin Councildeleted text end new text begin
districtnew text end .
Sec. 28.
Minnesota Statutes 2020, section 473.149, subdivision 3, is amended to read:
Subd. 3.
Preparation; adoption; and revision.
(a) The solid waste policy plan shall be
prepared, adopted, and revised as necessary in accordance with paragraphs (c) to (e), after
consultation with the metropolitan counties.
(b) Revisions to the policy plan are exempt from the rulemaking provisions of chapter
14.
(c) Before beginning preparation of revisions to the policy plan, the commissioner shall
publish a predrafting notice in the State Register that includes a statement of the subjects
expected to be covered by the revisions, including a summary of the important problems
and issues. The notice must solicit comments from the public and state that the comments
must be received by the commissioner within 45 days of publication of the notice. The
commissioner shall consider the comments in preparing the revisions.
(d) After publication of the predrafting notice and before adopting revisions to the policy
plan, the commissioner shall publish a notice in the State Register that:
(1) contains a summary of the proposed revisions;
(2) invites public comment;
(3) lists locations where the proposed revised policy plan can be reviewed and states
that copies of the proposed revised policy plan can also be obtained from the Pollution
Control Agency;
(4) states a location for a public meeting on the revisions at a time no earlier than 30
days from the date of publication; and
(5) advises the public that they have 30 days from the date of the public meeting in
clause (4) to submit comments on the revisions to the commissioner.
(e) At the meeting described in paragraph (d), clause (4), the public shall be given an
opportunity to present their views on the policy plan revisions. The commissioner shall
incorporate any amendments to the proposed revisions that, in the commissioner's view,
will help to carry out the requirements of subdivisions 1, 2d, and 2e. At or before the time
that policy plan revisions are finally adopted, the commissioner shall issue a report that
addresses issues raised in the public comments. The report shall be made available to the
public and mailed to interested persons who have submitted their names and addresses to
the commissioner.
(f) The criteria and standards adopted in the policy plan for review of solid waste facility
permits pursuant to section 473.823, subdivision 3; for issuance of certificates of need
pursuant to section 473.823, subdivision 6; and for review of solid waste contracts pursuant
to section 473.813 may be appealed to the Court of Appeals within 30 days after final
adoption of the policy plan. The court may declare the challenged portion of the policy plan
invalid if it violates constitutional provisions, is in excess of statutory authority of the
commissioner, or was adopted without compliance with the procedures in this subdivision.
The review shall be on the record created during the adoption of the policy plan, except that
additional evidence may be included in the record if the court finds that the additional
evidence is material and there were good reasons for failure to present it in the proceedings
described in paragraphs (c) to (e).
(g) deleted text begin The Metropolitan Council ordeleted text end A metropolitan county, local government unit,
commission, or person shall not acquire, construct, improve or operate any solid waste
facility in the metropolitan area except in accordance with the plan and section 473.823,
provided that no solid waste facility in use when a plan is adopted shall be discontinued
solely because it is not located in an area designated in the plan as acceptable for the location
of such facilities.
Sec. 29. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, sections 115.66; 115A.03, subdivision 19; 473.1565; 473.501,
subdivisions 1 and 3; 473.504, subdivisions 4, 5, 6, 9, 10, 11, and 12; 473.505; 473.511,
subdivisions 1, 2, 3, and 4; 473.5111; 473.512; 473.513; 473.515; 473.5155; 473.516,
subdivisions 1, 2, 3, and 4; 473.517, subdivisions 1, 3, 6, and 10; 473.519; 473.521; 473.523,
subdivisions 1 and 1a; 473.524; 473.541; 473.542; 473.543, subdivisions 1, 2, 3, and 4;
473.545; 473.547; 473.549; and 473.834, subdivisions 1 and 2,
new text end
new text begin
are repealed.
new text end
Sec. 30. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective July 1, 2023.
new text end
ARTICLE 10
METROPOLITAN SPORTS FACILITIES AUTHORITY
Section 1.
Minnesota Statutes 2020, section 473J.25, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Conforming changes. new text end
new text begin
By January 1, 2023, the authority must submit a bill to
the chairs and ranking minority members of the committees in the house of representatives
and the senate with primary jurisdiction over state and local government issues. The bill
must:
new text end
new text begin
(1) provide for the transition of duties and obligations of the former commission to the
authority;
new text end
new text begin
(2) specify unnecessary, outdated, and redundant statutes to be repealed; and
new text end
new text begin
(3) provide for any changes necessary relating to the abolition of the Metropolitan
Council.
new text end
Sec. 2. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, section 473J.25, subdivision 5,
new text end
new text begin
is repealed.
new text end
ARTICLE 11
TECHNICAL CORRECTIONS
Section 1. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall prepare technical legislation to correct cross-references in
Minnesota Statutes and Minnesota Rules to conform with the provisions of this act.
new text end
ARTICLE 12
APPLICATION
Section 1. new text begin METROPOLITAN COUNTIES.
new text end
new text begin
Unless the context indicates otherwise, this act applies in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
new text end
APPENDIX
Repealed Minnesota Statutes: 22-05812
3.8841 LEGISLATIVE COMMISSION ON METROPOLITAN GOVERNMENT.
Subdivision 1.
Established.
The Legislative Commission on Metropolitan Government is established to oversee the Metropolitan Council's operating and capital budgets, work program, and capital improvement program.
Subd. 2.
Membership.
The commission consists of four senators appointed by the senate Subcommittee on Committees of the Committee on Rules and Administration, three senators appointed by the senate minority leader, four state representatives appointed by the speaker of the house, and three state representatives appointed by the house minority leader. All members must reside in or represent a portion of the seven-county metropolitan area. The appointing authorities must ensure balanced geographic representation. Each appointing authority must make appointments as soon as possible after the opening of the next regular session of the legislature in each odd-numbered year.
Subd. 3.
Terms; vacancies.
Members of the commission serve for a two-year term beginning upon appointment and expiring upon appointment of a successor after the opening of the next regular session of the legislature in the odd-numbered year. A vacancy in the membership of the commission must be filled for the unexpired term in a manner that will preserve the representation established by this section.
Subd. 4.
Chair.
The commission must meet as soon as practicable after members are appointed in each odd-numbered year to elect its chair and other officers as it may determine necessary. A chair serves a two-year term, expiring in the odd-numbered year after a successor is elected. The chair must alternate biennially between the senate and the house of representatives.
Subd. 5.
Compensation.
Members serve without compensation but may be reimbursed for their reasonable expenses as members of the legislature.
Subd. 6.
Staff.
Legislative staff must provide administrative and research assistance to the commission.
Subd. 7.
Meetings; procedures.
The commission meets at the call of the chair. If there is a quorum, the commission may take action by a simple majority vote of commission members present.
Subd. 8.
Powers; duties; Metropolitan Council levy, budget oversight.
The commission must monitor, review, and make recommendations to the Metropolitan Council and to the legislature for the following calendar year on:
(1) the tax rate and dollar amount of the Metropolitan Council's property tax levies and any proposed increases in the rate or dollar amount of tax;
(2) any request for an increase in the debt of the Metropolitan Council;
(3) the overall work and role of the Metropolitan Council;
(4) the Metropolitan Council's proposed operating and capital budgets, work program, and capital improvement program; and
(5) the Metropolitan Council's implementation of the operating and capital budgets, work program, and capital improvement program.
Subd. 9.
Powers; duties; Metropolitan Council appointments oversight.
The commission must monitor appointments to the Metropolitan Council and may make recommendations on appointments to the nominating committee under section 473.123, subdivision 3, or to the governor before the governor makes the appointments. The commission may also make recommendations to the senate before appointments are presented to the senate for its advice and consent.
103B.235 LOCAL WATER MANAGEMENT PLANS.
Subd. 3a.
Review; Metropolitan Council.
Concurrently with its submission of its local water management plan to the watershed management organization as provided in subdivision 3, each local unit of government shall submit its water management plan to the Metropolitan Council for review and comment by the council. The council shall have 45 days to review and comment upon the local plan or parts of the plan with respect to consistency with the council's comprehensive development guide for the metropolitan area. The council's 45-day review period shall run concurrently with the 60-day review period by the watershed management organization provided in subdivision 3. The Metropolitan Council shall submit its comments to the watershed management organization and shall send a copy of its comments to the local government unit. If the Metropolitan Council fails to complete its review and make comments to the watershed management organization within the 45-day period, the watershed management organization shall complete its review as provided in subdivision 3.
115.66 SEVERABILITY.
If any provision of sections 115.61 to 115.67 or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of sections 115.61 to 115.67 which can be given effect without the invalid provision or application, and to this end the provisions of sections 115.61 to 115.67 and the various applications thereof are declared to be severable.
115A.03 DEFINITIONS.
Subd. 19.
Metropolitan Council.
"Metropolitan Council" means the council established in chapter 473.
174.22 DEFINITIONS.
Subd. 3.
Metropolitan Council.
"Metropolitan Council" means the council established by section 473.123.
238.43 REGIONAL CHANNEL.
Subd. 5.
Regional channel entity.
The Cable Communications Board may designate a regional channel entity prior to July 1, 1985. If the Cable Communications Board does not designate an entity by June 30, 1985, the Metropolitan Council shall appoint the governing body of the regional channel entity which must consist of 15 members appointed to three-year terms. In making the initial appointments the Metropolitan Council shall designate one-third of the appointees to serve one-year terms, one-third to serve two-year terms, and one-third to serve three-year terms. In the case of a vacancy the council shall appoint a person to fill the vacancy for the remainder of the unexpired term. The Metropolitan Council shall name three appointees from the recommendations received from the Association of Metropolitan Municipalities and three from the recommendations received from the cable communications companies operating in the metropolitan area.
297A.992 METROPOLITAN TRANSPORTATION AREA SALES TAX.
Subd. 12.
Grant awards to Metropolitan Council.
Any grant award under this section made to the Metropolitan Council must supplement, and must not supplant, operating and capital assistance provided by the state.
403.27 REVENUE BONDS; OBLIGATIONS.
Subdivision 1.
Authorization.
After consulting with the commissioner of management and budget, the council, if requested by a vote of at least two-thirds of all of the members of the Metropolitan Radio Board, may, by resolution, authorize the issuance of its revenue bonds for any of the following purposes to:
(1) provide funds for regionwide mutual aid and emergency medical services communications;
(2) provide funds for the elements of the first phase of the regionwide public safety radio communication system that the board determines are of regionwide benefit and support mutual aid and emergency medical services communication including, but not limited to, costs of master controllers of the backbone;
(3) provide money for the second phase of the public safety radio communication system;
(4) to the extent money is available after meeting the needs described in clauses (1) to (3), provide money to reimburse local units of government for amounts expended for capital improvements to the first phase system previously paid for by the local government units; or
(5) refund bonds issued under this section.
Subd. 2.
Procedure.
The bonds shall be sold, issued, and secured in the manner provided in chapter 475 for bonds payable solely from revenues, except as otherwise provided in sections 403.21 to 403.34 and the council shall have the same powers and duties as a municipality and its governing body in issuing bonds under chapter 475. The bonds may be sold at any price and at public or private sale as determined by the council.
The bonds shall be payable from and secured by a pledge of the emergency telephone service fee provided in chapter 403 and shall not represent or constitute a general obligation or debt of the council and shall not be included in the net debt of any city, county, or other subdivision of the state for the purpose of any debt limitation.
Subd. 3.
Limitations.
(a) The principal amount of the bonds issued pursuant to subdivision 1, exclusive of any original issue discount, shall not exceed the amount of $10,000,000 plus the amount the council determines necessary to pay the costs of issuance, fund reserves, debt service, and pay for any bond insurance or other credit enhancement.
(b) In addition to the amount authorized under paragraph (a), the council may issue bonds under subdivision 1 in a principal amount of $3,306,300, plus the amount the council determines necessary to pay the cost of issuance, fund reserves, debt service, and any bond insurance or other credit enhancement. The proceeds of bonds issued under this paragraph may not be used to finance portable or subscriber radio sets.
Subd. 4.
Security.
The bonds may be secured by a bond resolution or a trust indenture entered into by the council with a corporate trustee within or outside the state which shall define the fee pledged for the payment and security of the bonds and for payment of all necessary and reasonable debt service expenses until all the bonds referred to in subdivision 1 are fully paid or discharged in accordance with law. The pledge shall be a valid charge on the emergency telephone service fee provided in chapter 403. No mortgage of or security interest in any tangible real or personal property shall be granted to the bondholders or the trustee, but they shall have a valid security interest in the revenues and bond proceeds received by the council and pledged to the payment of the bonds as against the claims of all persons in tort, contract, or otherwise, irrespective of whether the parties have notice and without possession or filing as provided in the Uniform Commercial Code, or any other law, subject however to the rights of the holders of any general obligation bonds issued under section 403.32. In the bond resolution or trust indenture, the council may make covenants as it determines to be reasonable for the protection of the bondholders.
Neither the council, nor any council member, officer, employee, or agent of the council, nor any person executing the bonds shall be liable personally on the bonds by reason of their issuance. The bonds are not payable from, and are not a charge upon, any funds other than the revenues and bond proceeds pledged to their payment. The council is not subject to any liability on the bonds and has no power to obligate itself to pay or to pay the bonds from funds other than the revenues and bond proceeds pledged. No holder of bonds has the right to compel any exercise of the taxing power of the council, except any deficiency tax levy the council covenants to certify under section 403.31, or any other public body, to the payment of principal of or interest on the bonds. No holder of bonds has the right to enforce payment of principal or interest against any property of the council or other public body other than that expressly pledged for the payment of the bonds.
403.29 USE OF BOND PROCEEDS.
Subd. 4.
Use of bond proceeds.
The use of proceeds of all bonds issued by the Metropolitan Council for the purposes enumerated in section 403.27, subdivision 1, other than investment of all money on hand in any sinking fund or funds of the council, shall be governed by the provisions of chapter 475, the provisions of resolutions authorizing the issuance of the bonds, and by the trust indenture.
403.32 SALE OF GENERAL OBLIGATION BONDS.
Subdivision 1.
Amount; purposes.
The Metropolitan Council may by resolution authorize the issuance of general obligation bonds of the council, in an amount outstanding and undischarged at any time not more than $3,000,000, for which its full faith and credit and taxing powers shall be pledged for the council's share of the first phase. The Metropolitan Council may also issue general obligation bonds to refund outstanding obligations issued under this section. The amount of refunding bonds that may be issued from time to time shall not be subject to the dollar limitation contained in this subdivision nor the refunding bonds be included in computing the amount of bonds that may be issued within that dollar limitation.
Subd. 2.
Sale, terms, security.
The Metropolitan Council shall sell and issue the bonds in the manner provided in chapter 475 and shall have the same powers and duties as a municipality issuing bonds under that law, except that the approval of a majority of the electors shall not be required and the net debt limitations shall not apply. The bonds shall be secured in accordance with section 475.61, subdivision 1, and any taxes required for their payment shall be levied by the council, shall not affect the amount or rate of taxes which may be levied by the council for other purposes, and shall be levied without limitation of rate or amount upon all taxable property in the transit taxing district and transit area as provided in section 473.446, subdivision 1.
Subd. 3.
Temporary loans.
The Metropolitan Council may, after the authorization of bonds under this section, provide funds immediately required for the purposes of subdivision 1 by effecting temporary loans upon terms as it shall by resolution determine, evidenced by notes due in not exceeding 24 months from their date, payable to the order of the lender or to the bearer, to be repaid with interest from the proceeds of the bonds when issued and delivered to the purchaser. The temporary loans may be made without public advertisement.
462.382 APPLICATION.
The provisions of sections 462.381 to 462.398 have no application to the Metropolitan Council created by or the region defined by Laws 1967, chapter 896.
462C.071 SINGLE-FAMILY MORTGAGE BONDS; LIMITATIONS.
Subd. 4.
Redevelopment area.
A city located within the metropolitan area must submit to the Metropolitan Council the resolution adopted by the governing body of the city finding an area to be a redevelopment area and a map of the redevelopment area.
473.121 DEFINITIONS.
Subd. 3.
Metropolitan Council or council.
"Metropolitan Council" or "council" means the Metropolitan Council established by section 473.123.
Subd. 8.
Metropolitan significance.
"Metropolitan significance" means a status determined by the Metropolitan Council pursuant to the rules and procedures established by section 473.173.
Subd. 12.
Metropolitan Parks and Open Space Commission.
"Metropolitan Parks and Open Space Commission" means the commission established in sections 473.302 to 473.341.
473.123 METROPOLITAN COUNCIL.
Subdivision 1.
Creation.
A Metropolitan Council with jurisdiction in the metropolitan area is established as a public corporation and political subdivision of the state. It shall be under the supervision and control of 17 members, all of whom shall be residents of the metropolitan area.
Subd. 2a.
Terms.
Following each apportionment of council districts, as provided under subdivision 3a, council members must be appointed from newly drawn districts as provided in subdivision 3a. Each council member, other than the chair, must reside in the council district represented. Each council district must be represented by one member of the council. The terms of members end with the term of the governor, except that all terms expire on the effective date of the next apportionment. A member serves at the pleasure of the governor. A member shall continue to serve the member's district until a successor is appointed and qualified; except that, following each apportionment, the member shall continue to serve at large until the governor appoints 16 council members, one from each of the newly drawn council districts as provided under subdivision 3a, to serve terms as provided under this section. The appointment to the council must be made by the first Monday in March of the year in which the term ends.
Subd. 3.
Membership; appointment; qualifications.
(a) Sixteen members must be appointed by the governor from districts defined by this section. Each council member must reside in the council district represented. Each council district must be represented by one member of the council.
(b) In addition to the notice required by section 15.0597, subdivision 4, notice of vacancies and expiration of terms must be published in newspapers of general circulation in the metropolitan area and the appropriate districts. The governing bodies of the statutory and home rule charter cities, counties, and towns having territory in the district for which a member is to be appointed must be notified in writing. The notices must describe the appointments process and invite participation and recommendations on the appointment.
(c) The governor shall create a nominating committee, composed of seven metropolitan citizens appointed by the governor, to nominate persons for appointment to the council from districts. Three of the committee members must be local elected officials. Following the submission of applications as provided under section 15.0597, subdivision 5, the nominating committee shall conduct public meetings, after appropriate notice, to accept statements from or on behalf of persons who have applied or been nominated for appointment and to allow consultation with and secure the advice of the public and local elected officials. The committee shall hold the meeting on each appointment in the district or in a reasonably convenient and accessible location in the part of the metropolitan area in which the district is located. The committee may consolidate meetings. Following the meetings, the committee shall submit to the governor a list of nominees for each appointment. The governor is not required to appoint from the list.
(d) Before making an appointment, the governor shall consult with all members of the legislature from the council district for which the member is to be appointed.
(e) Appointments to the council are subject to the advice and consent of the senate as provided in section 15.066.
(f) Members of the council must be appointed to reflect fairly the various demographic, political, and other interests in the metropolitan area and the districts.
(g) Members of the council must be persons knowledgeable about urban and metropolitan affairs.
(h) Any vacancy in the office of a council member shall immediately be filled for the unexpired term. In filling a vacancy, the governor may forgo the requirements of paragraph (c) if the governor has made appointments in full compliance with the requirements of this subdivision within the preceding 12 months.
Subd. 3a.
Redistricting.
The legislature shall redraw the boundaries of the council districts after each decennial federal census so that each district has substantially equal population. Redistricting is effective in the year ending in the numeral "3." Within 60 days after a redistricting plan takes effect, the governor shall appoint members from the newly drawn districts to serve terms as provided under subdivision 2a.
Subd. 3e.
District boundaries.
Metropolitan Council plan MC2013-1A, on file with the Geographical Information Systems Office of the Legislative Coordinating Commission and published on its website on April 9, 2013, is adopted and constitutes the redistricting plan required by subdivision 3a. The boundaries of each Metropolitan Council district are as described in that plan.
Subd. 4.
Chair; appointment, officers, selection; duties and compensation.
(a) The chair of the Metropolitan Council shall be appointed by the governor as the 17th voting member thereof by and with the advice and consent of the senate to serve at the pleasure of the governor to represent the metropolitan area at large. Senate confirmation shall be as provided by section 15.066.
The chair of the Metropolitan Council shall, if present, preside at meetings of the council, have the primary responsibility for meeting with local elected officials, serve as the principal legislative liaison, present to the governor and the legislature, after council approval, the council's plans for regional governance and operations, serve as the principal spokesperson of the council, and perform other duties assigned by the council or by law.
(b) The Metropolitan Council shall elect other officers as it deems necessary for the conduct of its affairs for a one-year term. A secretary and treasurer need not be members of the Metropolitan Council. Meeting times and places shall be fixed by the Metropolitan Council and special meetings may be called by a majority of the members of the Metropolitan Council or by the chair. The chair and each Metropolitan Council member shall be reimbursed for actual and necessary expenses.
(c) Each member of the council shall attend and participate in council meetings and meet regularly with local elected officials and legislative members from the council member's district. Each council member shall serve on at least one division committee for transportation, environment, or community development.
(d) In the performance of its duties the Metropolitan Council may adopt policies and procedures governing its operation, establish committees, and, when specifically authorized by law, make appointments to other governmental agencies and districts.
Subd. 8.
General counsel.
The council may appoint a general counsel to serve at the pleasure of the council.
473.125 REGIONAL ADMINISTRATOR.
The Metropolitan Council shall appoint a regional administrator to serve at the council's pleasure as the principal administrative officer for the Metropolitan Council. The regional administrator shall organize the work of the council staff. The regional administrator shall appoint on the basis of merit and fitness, and discipline and discharge all employees in accordance with the council's personnel policy, except the general counsel, as provided in section 473.123, subdivision 8. The regional administrator must ensure that all policy decisions of the council are carried out. The regional administrator shall attend meetings of the council and may take part in discussions but may not vote. The regional administrator shall recommend to the council for adoption measures deemed necessary for efficient administration of the council, keep the council fully apprised of the financial condition of the council, and prepare and submit an annual budget to the council for approval. The regional administrator shall prepare and submit for approval by the council an administrative code organizing and codifying the policies of the council, and perform other duties as prescribed by the council. The regional administrator may be chosen from among the citizens of the nation at large, and shall be selected on the basis of training and experience in public administration.
473.127 ADVISORY COMMITTEES.
The Metropolitan Council may establish and appoint persons to advisory committees to assist the Metropolitan Council in the performance of its duties. Members of the advisory committees shall serve without compensation but shall be reimbursed for their reasonable expenses as determined by the Metropolitan Council.
473.129 POWERS OF METROPOLITAN COUNCIL.
Subdivision 1.
General powers.
The Metropolitan Council shall have and exercise all powers which may be necessary or convenient to enable it to perform and carry out the duties and responsibilities now existing or which may hereafter be imposed upon it by law. Such powers include the specific powers enumerated in this section.
Subd. 2.
Employees.
The Metropolitan Council shall prescribe all terms and conditions for the employment of its employees including, but not limited to, adopting a compensation and classification plan for its employees. Employees of the Metropolitan Council are public employees and are members of the Minnesota State Retirement System. Those employed by a predecessor of the Metropolitan Council and transferred to it may at their option become members of the Minnesota State Retirement System or may continue as members of the public retirement association to which they belonged as employees of the predecessor of the Metropolitan Council. The Metropolitan Council shall make the employer's contributions to pension funds of its employees.
Subd. 3.
Consulting contracts.
The Metropolitan Council may contract for the services of consultants who perform engineering, legal, or services of a professional nature. Such contracts shall not be subject to the requirements of any law relating to public bidding.
Subd. 4.
Gifts and appropriations.
The Metropolitan Council may accept gifts, apply for and use grants or loans of money or other property from the United States, the state, or any person for any Metropolitan Council purpose and may enter into agreements required in connection therewith and may hold, use, and dispose of such moneys or property in accordance with the terms of the gift, grant, loan, or agreement relating thereto.
Subd. 5.
Local governmental participation.
The Metropolitan Council may (1) participate as a party in any proceedings originating under chapter 414, if the proceedings involve the change in a boundary of a governmental unit in the metropolitan area, and (2) conduct studies of the feasibility of annexing, enlarging, or consolidating units in the metropolitan area.
Subd. 6.
On metro agencies.
The Metropolitan Council shall appoint from its membership a member to serve with each metropolitan agency. Each member of the Metropolitan Council so appointed on each of such agencies shall serve without a vote.
Subd. 7.
Property.
The council may acquire, own, hold, use, improve, operate, maintain, lease, exchange, transfer, sell, or otherwise dispose of personal or real property, franchises, easements, or property rights or interests of any kind.
Subd. 8.
Insurance.
The council may provide for self-insurance or otherwise provide for insurance relating to any of its property, rights, or revenue, workers' compensation, public liability, or any other risk or hazard arising from its activities, and may provide for insuring any of its officers or employees against the risk or hazard at the expense of the council. If the council provides for self-insurance, against its liability and the liability of its officers, employees, and agents for damages resulting from its torts and those of its officers, employees, and agents, including its obligation to pay basic economic loss benefits under sections 65B.41 to 65B.71, it shall be entitled to deduct from damages and basic economic loss benefits all money paid or payable to the persons seeking damages and benefits from all governmental entities providing medical, hospital, and disability benefits except for payments made under the Minnesota family investment program or medical assistance program.
Subd. 9.
Investigations.
When necessary and proper to the performance of its duties, the council may enter in a reasonable manner upon any premises for the purpose of making any reasonably necessary or proper investigations and examinations. The entry is not a trespass. The council is liable for any actual and consequential loss, injury, or damage from the entry. When necessary and proper to the performance of its duties, the council or its authorized agents may require the production of accounts, books, records, memoranda, correspondence, and other documents and papers of a person receiving financial assistance from the council, may inspect and copy them, and may have access to and may inspect the lands, buildings, facilities, or equipment of the person.
Subd. 10.
Employee health and wellness.
The council may provide a program for health and wellness services for council employees and provide necessary staff, funds, equipment, and facilities.
Subd. 11.
External use of existing service capacity.
For purposes of this subdivision, "service capacity" means an existing service or operation carried out by the council as authorized by law, or existing council real or personal property, for which the council on a temporary basis has capacity available for use outside the council. Notwithstanding other law, the council may enter into arrangements to provide service capacity to other governmental entities or the private sector on the terms and conditions it considers appropriate. In providing service capacity, the council:
(1) may not commit to providing the service capacity for a period in excess of five years; and
(2) must receive compensation for providing the service capacity in at least an amount sufficient to recover the actual costs of providing the service capacity including, but not limited to, the costs of materials and supplies, employee salaries and benefits, and administrative overhead.
Subd. 12.
Best value procurement alternative.
(a) Notwithstanding the provisions of section 471.345, the council may award a contract for the purchase of transit vehicles to the vendor or contractor offering the best value under a request for proposals. For the purposes of this subdivision, "transit vehicles" means buses and coaches, commuter rail locomotives and coach cars, light rail vehicles, and paratransit vehicles that are used to provide transit and special transportation service pursuant to sections 473.371 to 473.449.
(b) For the purposes of this subdivision, "best value" describes a result intended in the acquisition of goods and services described in paragraph (a). Price must be one of the evaluation criteria. Other evaluation criteria may include, but are not limited to, environmental considerations, quality, and vendor or contractor performance. The evaluation criteria must be included in the solicitation document as well as the relative importance of price and other factors.
473.1293 ENERGY FORWARD PRICING MECHANISMS.
Subdivision 1.
Definitions.
The following definitions apply in this section.
(a) "Energy" means natural gas, heating oil, diesel fuel, or any other energy source, except electric, used in Metropolitan Council operations.
(b) "Forward pricing mechanism" means either:
(1) a contract or financial instrument that obligates an entity to buy or sell a specified amount of an energy commodity at a future date and at a set price; or
(2) an option to buy or sell the contract or financial instrument.
Subd. 2.
Authority provided.
Notwithstanding any other law to the contrary, the council may use forward pricing mechanisms for budget risk reduction.
Subd. 3.
Conditions.
(a) Forward pricing transactions made under this section must be made only under the conditions in paragraphs (b), (c), and (d).
(b) The amount of energy forward priced must not exceed the estimated energy usage for council operations for the period of time covered by the forward pricing mechanism.
(c) The holding period and expiration date for any forward pricing mechanism must not exceed 24 months from the trade date of the transaction.
(d) Separate accounts must be established for each operational energy for which forward pricing mechanisms are used under this section.
Subd. 4.
Written policies and procedures.
Before exercising authority under subdivision 2, the council must have written policies and procedures governing the use of forward pricing mechanisms.
Subd. 5.
Oversight process.
(a) Before exercising authority under subdivision 2, the governing body of the council must establish an oversight process that provides for review of the council's use of forward pricing mechanisms.
(b) The process must include:
(1) internal or external audit reviews;
(2) quarterly reports to, and review by, an internal investment committee; and
(3) internal management control.
473.132 SHORT-TERM INDEBTEDNESS.
The council may issue certificates of indebtedness or capital notes to purchase equipment to be owned and used by the council and having an expected useful life of at least as long as the terms of the certificates or notes. The certificates or notes shall be payable in not more than five years and shall be issued on such terms and in such manner as the council may determine, and for this purpose the council may secure payment of the certificates or notes by resolution or by trust indenture entered into by the council with a corporate trustee within or outside the state, and by a mortgage in the equipment financed. The total principal amount of the notes or certificates issued in a fiscal year should not exceed one-half of one percent of the tax capacity of the metropolitan area for that year. The full faith and credit of the council shall be pledged to the payment of the certificates or notes, and a tax levy shall be made for the payment of the principal and interest on the certificates or notes, in accordance with section 475.61, as in the case of bonds issued by a municipality. The tax levy authorized by this section must be deducted from the amount of taxes the council is otherwise authorized to levy under section 473.249.
473.1565 METROPOLITAN AREA WATER SUPPLY PLANNING ACTIVITIES; ADVISORY COMMITTEES.
Subdivision 1.
Planning activities.
(a) The Metropolitan Council must carry out planning activities addressing the water supply needs of the metropolitan area as defined in section 473.121, subdivision 2. The planning activities must include, at a minimum:
(1) development and maintenance of a base of technical information needed for sound water supply decisions including surface and groundwater availability analyses, water demand projections, water withdrawal and use impact analyses, modeling, and similar studies;
(2) development and periodic update of a metropolitan area master water supply plan, prepared in cooperation with and subject to the approval of the policy advisory committee established in this section, that:
(i) provides guidance for local water supply systems and future regional investments;
(ii) emphasizes conservation, interjurisdictional cooperation, and long-term sustainability; and
(iii) addresses the reliability, security, and cost-effectiveness of the metropolitan area water supply system and its local and subregional components;
(3) recommendations for clarifying the appropriate roles and responsibilities of local, regional, and state government in metropolitan area water supply;
(4) recommendations for streamlining and consolidating metropolitan area water supply decision-making and approval processes; and
(5) recommendations for the ongoing and long-term funding of metropolitan area water supply planning activities and capital investments.
(b) The council must carry out the planning activities in this subdivision in consultation with the Metropolitan Area Water Supply Policy and Technical Advisory Committees established in this section.
Subd. 2.
Policy advisory committee.
(a) A Metropolitan Area Water Supply Policy Advisory Committee is established to assist the council in its planning activities in subdivision 1. The policy advisory committee has the following membership:
(1) the commissioner of agriculture or the commissioner's designee;
(2) the commissioner of health or the commissioner's designee;
(3) the commissioner of natural resources or the commissioner's designee;
(4) the commissioner of the Pollution Control Agency or the commissioner's designee;
(5) two officials of counties that are located in the metropolitan area, appointed by the governor, in consultation with the Association of Minnesota Counties;
(6) five officials of noncounty local governmental units that are located in the metropolitan area, appointed by the governor, in consultation with the Association of Metropolitan Municipalities;
(7) the chair of the Metropolitan Council or the chair's designee, who is chair of the advisory committee;
(8) one official each from the counties of Chisago, Isanti, Sherburne, and Wright, appointed by the governor, in consultation with the Association of Minnesota Counties and the League of Minnesota Cities; and
(9) a representative of the Saint Paul Regional Water Services, appointed by and serving at the pleasure of the Saint Paul Regional Water Services, and a representative of the Minneapolis Water Department, appointed by and serving at the pleasure of the mayor of the city of Minneapolis.
A local government unit in each of the seven counties in the metropolitan area and Chisago, Isanti, Sherburne, and Wright Counties must be represented in the 11 appointments made under clauses (5), (6), and (8).
(b) Members of the advisory committee appointed by the governor serve at the pleasure of the governor. Members of the advisory committee serve without compensation but may be reimbursed for their reasonable expenses as determined by the Metropolitan Council.
(c) The council must consider the work and recommendations of the policy advisory committee when the council is preparing its regional development framework.
Subd. 2a.
Technical advisory committee.
A Metropolitan Area Water Supply Technical Advisory Committee is established to inform the policy advisory committee's work by providing scientific and engineering expertise necessary to provide the region an adequate and sustainable water supply. The technical advisory committee consists of 15 members appointed by the policy advisory committee, with the majority of members representing single-city and multicity public water supply systems in the metropolitan area and including experts in:
(1) water resources analysis and modeling;
(2) hydrology; and
(3) the engineering, planning, design, and construction of water systems or water systems finance.
Members of the technical advisory committee serve at the pleasure of the policy advisory committee, without compensation, but may be reimbursed for their reasonable expenses as determined by the council.
Subd. 3.
Reports to legislature.
(a) The council must submit reports to the legislature regarding its findings, recommendations, and continuing planning activities under subdivision 1. These reports shall be included in the "Minnesota Water Plan" required in section 103B.151, and five-year interim reports may be provided as necessary.
(b) By February 15, 2017, and at least every five years thereafter, the policy advisory committee shall report to the council, the Legislative Water Commission, and the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over environment and natural resources with the information required under this section. The policy advisory committee's report and recommendations must include information provided by the technical advisory committee.
473.165 COUNCIL REVIEW; INDEPENDENT COMMISSION, BOARD, AGENCY.
(1) The Metropolitan Council shall review all long-term comprehensive plans of each independent commission, board, or agency prepared for its operation and development within the metropolitan area but only if such plan is determined by the council to have an areawide effect, a multicommunity effect, or to have a substantial effect on metropolitan development. Each plan shall be submitted to the council before any action is taken to place the plan or any part thereof, into effect.
(2) No action shall be taken to place any plan or any part thereof, into effect until 60 days have lapsed after the date of its submission to the council, or until the council finds and notifies the submitting commission, board, or agency that the plan is consistent with its comprehensive guide for the metropolitan area and the orderly and economic development of the metropolitan area, whichever first occurs. If, within 60 days after the date of submission, the council finds that a plan, or any part thereof, is inconsistent with its comprehensive guide for the metropolitan area or detrimental to the orderly and economic development of the metropolitan area, or any part thereof, it may direct that the operation of the plan, or such part thereof, be indefinitely suspended; provided that the council shall not direct the suspension of any plan or part thereof of any sanitary sewer district operating within the metropolitan area which pertains to the location and construction of a regional sewer plant or plants or the expansion or improvement of the present Minneapolis-St. Paul sanitary district treatment plant. An affected commission, board, or agency may appeal the decision of the Metropolitan Council suspending a plan, or part thereof, to the entire membership of the Metropolitan Council for public hearing. If the Metropolitan Council and the affected commission, board, or agency are unable to agree as to an adjustment of the plan, so that it may receive the council's approval, then a record of the disagreeing positions of the Metropolitan Council and the affected commission, board, or agency shall be made and the Metropolitan Council shall prepare a recommendation in connection therewith for consideration and disposition by the next regular session of the legislature.
473.167 HIGHWAY PROJECTS.
Subd. 3.
Tax.
The council may levy a tax on all taxable property in the metropolitan area, as defined in section 473.121, to provide funds for loans made pursuant to subdivisions 2 and 2a. This tax for the right-of-way acquisition loan fund shall be certified by the council, levied, and collected in the manner provided by section 473.13. The tax shall be in addition to that authorized by section 473.249 and any other law and shall not affect the amount or rate of taxes which may be levied by the council or any metropolitan agency or local governmental unit. The amount of the levy shall be as determined and certified by the council, provided that the tax levied by the Metropolitan Council for the right-of-way acquisition loan fund shall not exceed $2,828,379 for taxes payable in 2004 and $2,828,379 for taxes payable in 2005. The amount of the levy for taxes payable in 2006 and subsequent years shall not exceed the product of (1) the Metropolitan Council's property tax levy limitation under this subdivision for the previous year, multiplied by (2) one plus a percentage equal to the growth in the implicit price deflator as defined in section 275.70, subdivision 2.
Subd. 4.
State review.
The commissioner of revenue shall certify the council's levy limitation under this section to the council by August 1 of the levy year. The council must certify its proposed property tax levy to the commissioner of revenue by September 1 of the levy year. The commissioner of revenue shall annually determine whether the property tax for the right-of-way acquisition loan fund certified by the Metropolitan Council for levy following the adoption of its proposed budget is within the levy limitation imposed by this section. The determination must be completed prior to September 10 of each year. If current information regarding market valuation in any county is not transmitted to the commissioner in a timely manner, the commissioner may estimate the current market valuation within that county for purposes of making the calculation.
473.175 REVIEW OF COMPREHENSIVE PLANS.
Subdivision 1.
For compatibility, conformity.
The council shall review the comprehensive plans of local governmental units, prepared and submitted pursuant to sections 473.851 to 473.871, to determine their compatibility with each other and conformity with metropolitan system plans. The council shall review and comment on the apparent consistency of the comprehensive plans with adopted plans of the council. The council may require a local governmental unit to modify any comprehensive plan or part thereof if, upon the adoption of findings and a resolution, the council concludes that the plan is more likely than not to have a substantial impact on or contain a substantial departure from metropolitan system plans. A local unit of government may challenge a council action under this subdivision by following the procedures set forth in section 473.866.
Subd. 2.
120-day limit.
Within 120 days following receipt of a comprehensive plan of a local governmental unit, unless a time extension is mutually agreed to, the council shall return to the local governmental unit a statement containing its comments and, by resolution, its decision, if any, to require modifications to assure conformance with the metropolitan system plans.
No action shall be taken by any local governmental unit to place any such comprehensive plan or part thereof into effect until the council has returned the statement to the unit and until the local governmental unit has incorporated any modifications in the plan required by a final decision, order, or judgment made pursuant to section 473.866. If within 120 days, unless a time extension is mutually agreed to, the council fails to complete its written statement the plans shall be deemed approved and may be placed into effect. Any amendment to a plan subsequent to the council's review shall be submitted to and acted upon by the council in the same manner as the original plan. The written statement of the council shall be filed with the plan of the local government unit at all places where the plan is required by law to be kept on file.
Subd. 3.
Enforcement to get conforming plan.
If a local governmental unit fails to adopt a comprehensive plan in accordance with sections 473.851 to 473.871 or if the council after a public hearing by resolution finds that a plan substantially departs from metropolitan system plans and that the local governmental unit has not adopted a plan with modifications required pursuant to section 473.866 within nine months following a final decision, order, or judgment made pursuant to section 473.866, the council may commence civil proceedings to enforce the provisions of sections 473.851 to 473.871 by appropriate legal action in the district court where the local governmental unit is located.
473.181 ADDITIONAL COUNCIL REVIEW.
Subd. 2.
Parks.
The council shall review local government park master plans pursuant to section 473.313.
Subd. 5.
Airports.
The council shall review Metropolitan Airports Commission capital projects pursuant to section 473.621, subdivision 6. The plans of the Metropolitan Airports Commission and the development of the metropolitan airports system by the commission shall, as provided in sections 473.611, subdivision 5, and 473.655, be consistent with the development guide of the council.
473.191 LOCAL PLANNING ASSISTANCE.
Subdivision 1.
Comprehensive community planning.
The Metropolitan Council may, at the request of local governmental units, enter into contracts or make other arrangements with local governmental units and others for the provision of services for and assistance with comprehensive community planning. This may include:
(a) Assistance in the preparation, as a guide for long-range development, of general physical plans with respect to the pattern and intensity of land use and the provision of public facilities together with long-range fiscal plans for such development;
(b) Programming of capital improvements based on a determination of relative urgency, together with definitive financing plans for the improvements to be constructed in the earlier years of the program;
(c) Coordination of all related plans of the departments or subdivision of the government concerned;
(d) Intergovernmental coordination of all related planned activities among the state and local governmental agencies concerned; and
(e) Preparation of regulatory and administrative measures in support of the foregoing.
Subd. 2.
Water resources.
The Metropolitan Council may provide technical assistance to cities, counties, and towns to expedite adoption and enforcement of local ordinances under sections 103F.121, 103F.201 to 103F.221, and 473.206 to 473.208.
473.206 LOCAL ORDINANCES.
Each county, city or town in the metropolitan area shall be provided with standards, criteria and suggested model ordinances and may, after review and comment by the Metropolitan Council, adopt ordinances which provide for the protection of the resources that are the subject of the standards, criteria, and model ordinances.
473.208 COOPERATION.
In adopting and enforcing the ordinances for which standards and criteria are provided by section 473.206, counties, cities and towns shall consult and cooperate with affected soil and water conservation districts, watershed districts, and lake conservation districts on matters of common concern.
473.24 POPULATION ESTIMATES.
(a) The Metropolitan Council shall annually prepare an estimate of population for each county, city, and town in the metropolitan area and an estimate of the number of households and average household size for each city in the metropolitan area with a population of 2,500 or more, and an estimate of population over age 65 for each county in the metropolitan area, and convey the estimates to the governing body of each county, city, or town by June 1 each year. In the case of a city or town that is located partly within and partly without the metropolitan area, the Metropolitan Council shall estimate the proportion of the total population and the average size of households that reside within the area. The Metropolitan Council may prepare an estimate of the population and of the average household size for any other political subdivision located in the metropolitan area.
(b) A governing body may challenge an estimate made under this section by filing its specific objections in writing with the Metropolitan Council by June 24. If the challenge does not result in an acceptable estimate, the governing body may have a special census conducted by the United States Bureau of the Census. The political subdivision must notify the Metropolitan Council on or before July 1 of its intent to have the special census conducted. The political subdivision must bear all costs of the special census. Results of the special census must be received by the Metropolitan Council by the next April 15 to be used in that year's June 1 estimate under this section. The Metropolitan Council shall certify the estimates of population and the average household size to the state demographer and to the commissioner of revenue by July 15 each year, including any estimates still under objection.
473.242 URBAN RESEARCH.
Where studies have not been otherwise authorized by law the Metropolitan Council may study the feasibility of programs relating but not limited to water supply, refuse disposal, surface water drainage, communication, transportation, and other subjects of concern to the peoples of the metropolitan area, may institute demonstration projects in connection therewith, and may accept gifts for such purposes as otherwise authorized in this section.
473.245 REPORTS.
On or before January 15 of each year, the Metropolitan Council shall report to the legislature. The report shall include:
(1) a statement of the Metropolitan Council's receipts and expenditures by category since the preceding report;
(2) a detailed budget for the year in which the report is filed and the following year including an outline of its program for such period;
(3) an explanation of any policy plan and other comprehensive plan adopted in whole or in part for the metropolitan area and the review comments of the affected metropolitan agency;
(4) summaries of any studies and the recommendations resulting therefrom made by the Metropolitan Council, and a listing of all applications for federal money made by governmental units within the metropolitan area submitted to the Metropolitan Council;
(5) a listing of plans of local governmental units and proposed matters of metropolitan significance submitted to the Metropolitan Council;
(6) a detailed report on the progress of any project undertaken by the council pursuant to sections 473.194 to 473.201; and
(7) recommendations of the Metropolitan Council for metropolitan area legislation, including the organization and functions of the Metropolitan Council and the metropolitan agencies.
473.246 COUNCIL'S SUBMISSIONS TO LEGISLATIVE COMMISSION.
The Metropolitan Council shall submit to the Legislative Commission on Metropolitan Government information on the council's tax rates and dollar amounts levied for the current year, proposed property tax rates and levies, operating and capital budgets, work program, capital improvement program, and any other information requested by the commission, for review by the legislative commission, as provided in section 3.8841.
473.249 TAX LEVY.
Subdivision 1.
Indexed limit.
(a) The Metropolitan Council may levy a tax on all taxable property in the metropolitan area defined in section 473.121 to provide funds for the purposes of sections 473.121 to 473.249 and for the purpose of carrying out other responsibilities of the council as provided by law. This tax for general purposes shall be levied and collected in the manner provided by section 473.13.
(b) The property tax levied by the Metropolitan Council for general purposes shall not exceed $10,522,329 for taxes payable in 2004 and $10,522,329 for taxes payable in 2005.
(c) The property tax levy limitation for general purposes for taxes payable in 2006 and subsequent years shall not exceed the product of: (1) the Metropolitan Council's property tax levy limitation for general purposes for the previous year determined under this subdivision multiplied by (2) one plus a percentage equal to the growth in the implicit price deflator as defined in section 275.70, subdivision 2.
Subd. 2.
Deadlines; estimates.
The commissioner of revenue shall certify the council's levy limitation under this section to the council by August 1 of the levy year. The council must certify its proposed property tax levy to the commissioner of revenue by September 1 of the levy year. The commissioner of revenue shall annually determine whether the ad valorem property tax certified by the Metropolitan Council for levy following the adoption of its proposed budget is within the levy limitation imposed by this section. The determination shall be completed prior to September 10 of each year. If current information regarding gross tax capacity in any county is not transmitted to the commissioner in a timely manner, the commissioner may estimate the current gross tax capacity within that county for purposes of making the calculation.
473.25 LIVABLE COMMUNITIES CRITERIA AND GUIDELINES.
(a) The council shall establish criteria for uses of the fund provided in section 473.251 that are consistent with and promote the purposes of this article and the policies of the Metropolitan Development Guide adopted by the council including, but not limited to:
(1) helping to change long-term market incentives that adversely impact creation and preservation of living-wage jobs in the fully developed area;
(2) creating incentives for developing communities to include a full range of housing opportunities;
(3) creating incentives to preserve and rehabilitate affordable housing in the fully developed area; and
(4) creating incentives for all communities to implement compact and efficient development.
(b) The council shall establish guidelines for the livable community demonstration account for projects that the council would consider funding with either grants or loans. The guidelines must provide that the projects will:
(1) interrelate development or redevelopment and transit;
(2) interrelate affordable housing and employment growth areas;
(3) intensify land use that leads to more compact development or redevelopment;
(4) involve development or redevelopment that mixes incomes of residents in housing, including introducing or reintroducing higher value housing in lower income areas to achieve a mix of housing opportunities; or
(5) encourage public infrastructure investments which connect urban neighborhoods and suburban communities, attract private sector redevelopment investment in commercial and residential properties adjacent to the public improvement, and provide project area residents with expanded opportunities for private sector employment.
(c) The council shall establish guidelines governing who may apply for a grant or loan from the fund, providing priority for proposals using innovative partnerships between government, private for-profit, and nonprofit sectors.
(d) The council shall prepare an annual plan for distribution of the fund based on the criteria for project and applicant selection.
(e) The council shall prepare and submit to the legislature, as provided in section 3.195, an annual report on the metropolitan livable communities fund. The report must include information on the amount of money in the fund, the amount distributed, to whom the funds were distributed and for what purposes, and an evaluation of the effectiveness of the projects funded in meeting the policies and goals of the council. The report may make recommendations to the legislature on changes to Laws 1995, chapter 255.
473.251 METROPOLITAN LIVABLE COMMUNITIES FUND.
The metropolitan livable communities fund is created and consists of the following accounts:
(1) the tax base revitalization account;
(2) the livable communities demonstration account;
(3) the local housing incentives account; and
(4) the inclusionary housing account.
473.253 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT.
Subdivision 1.
Sources of funds.
The council shall credit to the livable communities demonstration account the revenues provided in this subdivision. This tax shall be levied and collected in the manner provided by section 473.13. The levy shall not exceed the following amount for the years specified:
(1) for taxes payable in 2004 and 2005, $8,259,070; and
(2) for taxes payable in 2006 and subsequent years, the product of (i) the property tax levy limit under this subdivision for the previous year multiplied by (ii) one plus a percentage equal to the growth in the implicit price deflator as defined in section 275.70, subdivision 2.
Subd. 2.
Distribution of funds.
The council shall use the funds in the livable communities demonstration account to make grants or loans to municipalities participating in the local housing incentives program under section 473.254 or to metropolitan area counties or development authorities to fund the initiatives specified in section 473.25, paragraph (b), in participating municipalities. A grant to a metropolitan county or a development authority must be used for a project in a participating municipality. For the purpose of this section, "development authority" means a statutory or home rule charter city, housing and redevelopment authority, economic development authority, or port authority.
473.254 LOCAL HOUSING INCENTIVES ACCOUNT.
Subdivision 1.
Participation.
(a) A municipality may elect to participate in the local housing incentive account program. If the election to participate occurs by November 15 of any year, it is effective commencing the next calendar year; otherwise it is effective commencing the next succeeding calendar year. An election to participate in the program is effective until revoked according to paragraph (b). A municipality is subject to this section only in those calendar years for which its election to participate in the program is effective. For purposes of this section, municipality means a municipality electing to participate in the local housing incentive account program for the calendar year in question, unless the context indicates otherwise.
(b) A municipality may revoke its election to participate in the local housing incentive account program. If the revocation occurs by November 15 of any year, it is effective commencing the next calendar year; otherwise it is effective commencing the next succeeding calendar year. After revoking its election to participate in the program, a municipality may again elect to participate in the program according to paragraph (a).
(c) A municipality that elects to participate may receive grants or loans from the tax base revitalization account, livable communities demonstration account, or the local housing incentive account. A municipality that does not participate is not eligible to receive a grant under sections 116J.551 to 116J.557. The council, when making discretionary funding decisions, shall give consideration to a municipality's participation in the local housing incentives program.
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.
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).
(e) 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.
Subd. 4.
Affordable and life-cycle housing requirement.
(a) A municipality that does not spend 85 percent of its affordable and life-cycle housing opportunities amount to create affordable and life-cycle housing opportunities in the previous calendar year must do one of the following with the affordable and life-cycle housing opportunities amount for the previous year as determined under subdivision 3a:
(1) distribute it to the local housing incentives account; or
(2) distribute it to the housing and redevelopment authority of the city or county in which the municipality is located to create affordable and life-cycle housing opportunities in the municipality.
(b) A municipality may enter into agreements with adjacent municipalities to cooperatively provide affordable and life-cycle housing. The housing may be provided in any of the cooperating municipalities, but must meet the combined housing goals of each participating municipality.
Subd. 5.
Sources of funds.
(a) The council shall credit to the local housing incentives account any revenues derived from municipalities under subdivision 4, paragraph (a), clause (1).
(b) The council shall annually credit $1,000,000 of the revenues generated by the levy authorized in section 473.249 to the local housing incentives account.
(c) The council shall annually transfer $500,000 from the livable communities demonstration account to the local housing incentives account.
Subd. 6.
Distribution of funds.
The funds in the account must be distributed annually by the council to municipalities that:
(1) have not met their affordable and life-cycle housing goals as determined by the council; and
(2) are actively funding projects designed to help meet the goals.
Funds may also be distributed to a development authority for a project in an eligible municipality. The funds distributed by the council must be matched on a dollar-for-dollar basis by the municipality or development authority receiving the funds. When distributing funds in the account, the council must give priority to projects that (1) are in municipalities that have contribution net tax capacities that exceed their distribution net tax capacities by more than $200 per household, (2) demonstrate the proposed project will link employment opportunities with affordable and life-cycle housing, and (3) provide matching funds from a source other than the required affordable and life-cycle housing opportunities amount under subdivision 3 or 3a, as applicable. For the purposes of this subdivision, "municipality" means a statutory or home rule charter city or town in the metropolitan area and "development authority" means a housing and redevelopment authority, economic development authority, or port authority.
Subd. 7.
Report to council.
By July 1, 2004, and by July 1 in each succeeding year, each municipality must certify to the council whether or not it has spent 85 percent of its affordable and life-cycle housing opportunities amount, as determined under subdivision 3a, in the previous calendar year to create affordable and life-cycle housing opportunities. The council may verify each municipality's certification.
Subd. 8.
Later election to participate.
If a municipality did not participate for one or more years and elects later to participate, the municipality must, with respect to its affordable and life-cycle housing opportunities amount for the calendar year preceding the participating calendar year:
(1) establish that it spent such amount on affordable and life-cycle housing during that preceding calendar year; or
(2) agree to spend such amount from the preceding calendar year on affordable and life-cycle housing in the participating calendar year, in addition to its affordable and life-cycle housing opportunities amount for the participating calendar year; or
(3) distribute such amount to the local housing incentives account.
The council will determine which investments count toward the required affordable and life-cycle housing opportunities amount by comparing the municipality to participating municipalities similar in terms of stage of development and demographics. If it determines it to be in the best interests of the region, the council may waive a reasonable portion of the amount.
Subd. 9.
Report to legislature.
By February 1 of each year, the council must report to the legislature the municipalities that have elected to participate and not to participate under subdivision 1. This report must be filed as provided in section 3.195.
Subd. 10.
Metro report card.
The Metropolitan Council shall present to the legislature and release to the public by November 15, 1996, and each year thereafter a comprehensive report card on affordable and life-cycle housing in each municipality in the metropolitan area. The report card must include information on government, nonprofit, and marketplace efforts.
473.255 INCLUSIONARY HOUSING ACCOUNT.
Subdivision 1.
Definitions.
(a) "Inclusionary housing development" means a new construction development, including owner-occupied or rental housing, or a combination of both, with a variety of prices and designs which serve families with a range of incomes and housing needs.
(b) "Municipality" means a statutory or home rule charter city or town participating in the local housing incentives program under section 473.254.
(c) "Development authority" means a housing and redevelopment authority, economic development authority, or port authority.
Subd. 2.
Application criteria.
The Metropolitan Council must give preference to economically viable proposals to the degree that they: (1) use innovative building techniques or materials to lower construction costs while maintaining high quality construction and livability; (2) are located in communities that have demonstrated a willingness to waive local restrictions which otherwise would increase costs of construction; and (3) include units affordable to households with incomes at or below 80 percent of area median income.
Priority shall be given to proposals where at least 15 percent of the owner-occupied units are affordable to households at or below 60 percent of the area annual median income and at least ten percent of the rental units are affordable to households at or below 30 percent of area annual median income.
An inclusionary housing development may include resale limitations on its affordable units. The limitations may include a minimum ownership period before a purchaser may profit on the sale of an affordable unit.
Cost savings from regulatory incentives must be reflected in the sale of all residences in an inclusionary development.
Subd. 3.
Inclusionary housing incentives.
The Metropolitan Council may work with municipalities and developers to provide incentives to inclusionary housing developments such as waiver of service availability charges and other regulatory incentives that would result in identifiable cost avoidance or reductions for an inclusionary housing development.
Subd. 4.
Inclusionary housing grants.
The council shall use funds in the inclusionary housing account to make grants or loans to municipalities or development authorities to fund the production of inclusionary housing developments that are located in municipalities that offer incentives to assist in the production of inclusionary housing. Such incentives include but are not limited to: density bonuses, reduced setbacks and parking requirements, decreased road widths, flexibility in site development standards and zoning code requirements, waiver of permit or impact fees, fast-track permitting and approvals, or any other regulatory incentives that would result in identifiable cost avoidance or reductions that contribute to the economic feasibility of inclusionary housing.
Subd. 5.
Grant application.
A grant application must at a minimum include the location of the inclusionary development, the type of housing to be produced, the number of affordable units to be produced, the monthly rent, or purchase price of the affordable units, and the incentives provided by the municipality to achieve development of the affordable units.
473.3875 TRANSIT FOR LIVABLE COMMUNITIES.
The council shall establish a transit for livable communities demonstration program fund. The council shall adopt guidelines for selecting and evaluating demonstration projects for funding. The selection guidelines must include provisions evaluating projects:
(1) interrelating development or redevelopment and transit;
(2) interrelating affordable housing and employment growth areas;
(3) helping intensify land use that leads to more compact development or redevelopment;
(4) coordinating school transportation and public transit service;
(5) implementing recommendations of the transit redesign plan; or
(6) otherwise promoting the goals of the Metropolitan Livable Communities Act.
473.388 REPLACEMENT SERVICE PROGRAM.
Subdivision 1.
Program established.
A replacement service program is established to continue the metropolitan transit service demonstration program established in Minnesota Statutes 1982, section 174.265, as provided in this section.
Subd. 2.
Replacement service; eligibility.
The council may provide assistance under the program to a statutory or home rule charter city or town or combination thereof, that:
(a) is located in the metropolitan transit taxing district;
(b) is not served by the council bus service or is served only with council bus routes which begin or end within the applying city or town or combination thereof; and
(c) has fewer than four scheduled runs of council bus service during off-peak hours as defined by the Metropolitan Council.
Eligible cities or towns or combinations thereof may apply on behalf of a transit operator with whom they propose to contract for service.
The council may not provide assistance under this section to a statutory or home rule charter city or town unless the city or town,
(i) was receiving assistance under Minnesota Statutes 1982, section 174.265, by July 1, 1984,
(ii) had submitted an application for assistance under that section by July 1, 1984, or
(iii) had submitted a letter of intent to apply for assistance under that section by July 1, 1984, and submits an application for assistance under this section by July 1, 1988. A statutory or home rule charter city or town has an additional 12-month extension if it notified the former regional transit board before July 1, 1988, that the city or town is in the process of completing a transportation evaluation study that includes an assessment of the local transit needs of the city or town.
Subd. 3.
Application for assistance.
An application for assistance under this section must:
(a) describe the existing service provided to the applicant by the council, including the estimated number of passengers carried and the routes, schedules, and fares;
(b) describe the transit service proposed for funding under the demonstration program, including the anticipated number of passengers and the routes, schedules, and fares; and
(c) indicate the total amount of available local transit funds, the portion of the available local transit funds proposed to be used to subsidize replacement services, and the amount of assistance requested for the replacement services.
Subd. 4.
Financial assistance; base allocation.
(a) The council must grant financial assistance if (1) the service of the statutory or home rule charter city, town, or combination, replaces the council's service to the statutory or home rule charter city, town, or combination, and (2) the service meets the needs of the recipient at least as efficiently and effectively as the council's service.
(b) The amount of assistance which the council must provide to a system under this section must not be less than the sum of (1) the amounts calculated under paragraph (c), and (2) the amount calculated under subdivision 4a.
(c) The financial assistance base allocation for each replacement service municipality is calculated as:
(1) an amount equal to 3.74 percent of the total state revenues generated from the taxes imposed under chapter 297B for the current fiscal year; times
(2) the ratio of:
(i) the transit operating assistance grants received under this subdivision by the municipality in calendar year 2001 or the tax revenues for transit services levied by the municipality for taxes payable in 2001, including that portion of the levy derived from the areawide pool under section 473F.08, subdivision 3, clause (a), plus the portion of the municipality's aid under Minnesota Statutes 2002, section 273.1398, subdivision 2, attributable to the transit levy; to
(ii) the total transit operating assistance grants received under this subdivision in calendar year 2001 or the tax revenues for transit services levied by all replacement service municipalities under this section for taxes payable in 2001, including that portion of the levy derived from the areawide pool under section 473F.08, subdivision 3, clause (a), plus the portion of homestead and agricultural credit aid under Minnesota Statutes 2002, section 273.1398, subdivision 2, attributable to nondebt transit levies; times
(3) the ratio of:
(i) the municipality's total taxable market value for taxes payable in 2006 divided by the municipality's total taxable market value for taxes payable in 2001; to
(ii) the total taxable market value of all property located in replacement service municipalities for taxes payable in 2006 divided by the total taxable market value of all property located in replacement service municipalities for taxes payable in 2001.
(d) The council must pay the amount to be provided to the recipient under this subdivision from the funds the council receives in the metropolitan area transit account under section 16A.88.
Subd. 5.
Other assistance.
A city or town receiving assistance or levying a transit tax under this section may also receive assistance from the council under section 473.384. In applying for assistance under that section an applicant must describe the portion of its available local transit funds or local transit taxes which are not obligated to subsidize its replacement transit service and which the applicant proposes to use to subsidize additional service. An applicant which has exhausted its available local transit funds or local transit taxes may use any other local subsidy funds to complete the required local share.
Subd. 7.
Local levy option.
(a) A statutory or home rule charter city or town that is eligible for assistance under this section may levy a tax for payment of obligations issued by the municipality for capital expenditures for transit and other related activities, provided that property taxes were pledged to satisfy the obligations, and provided that legislative appropriations are insufficient to satisfy the obligations.
(b) This subdivision is consistent with the transit redesign plan. Eligible municipalities opting to operate under this subdivision shall continue to meet the regional performance standards established by the council.
(c) Within the designated Americans with Disabilities Act area, Metro Mobility remains the obligation of the state.
473.39 BORROWING MONEY.
Subd. 4.
Transit capital improvement program.
The council may not issue obligations pursuant to this section until the council adopts a three-year transit capital improvement program. The program must include a capital investment component that sets forth a capital investment strategy and estimates the fiscal and other effects of the strategy. The component must specify, to the extent practicable, the capital improvements to be undertaken. For each improvement specified, the program must describe: (1) need, function, objective, and relative priority; (2) alternatives, including alternatives not involving capital expenditures; (3) ownership and operating entity; (4) location and schedule of development; (5) environmental, social, and economic effects; (6) cost; (7) manner of finance and revenue sources, including federal and state funds, private funds, taxes, and user charges; and (8) fiscal effects, including an estimate of annual operating costs and sources of revenue to pay the costs.
473.3993 LIGHT RAIL TRANSIT FACILITY PLANS; DEFINITIONS.
Subd. 4.
Responsible authority.
"Responsible authority" means either the Metropolitan Council or the state of Minnesota acting through the commissioner of transportation, as designated by the governor under section 473.3994, subdivision 1a, for a particular light rail transit facility.
473.3999 LIGHT RAIL TRANSIT CONSTRUCTION; COUNCIL AUTHORITY.
The Metropolitan Council may exercise the powers granted in this chapter and in other applicable law, as necessary, to plan, design, acquire, construct, and equip light rail transit facilities in the metropolitan area as defined in section 473.121, subdivision 2.
473.411 TRANSIT AND HIGHWAY SYSTEMS.
Subd. 3.
Services of Department of Transportation.
The council may make use of engineering and other technical and professional services, including regular staff and qualified consultants, which the commissioner of transportation can furnish, upon fair and reasonable reimbursement for the cost thereof; provided, that the council has final authority over the employment of any services from other sources which it may deem necessary for such purposes. The commissioner of transportation may furnish all engineering, legal, and other services, if so requested by the council and upon fair and reasonable reimbursement for the cost thereof by the council, for the purposes stated in this subdivision, including the acquisition by purchase, condemnation, or otherwise in the name of the council of all lands, waters, easements, or other rights or interests in lands or waters required by the council. No purchase of service agreements may be made under this subdivision which are not included in the budget of the council.
Subd. 4.
State highways; joint use for transit and highway purposes.
Wherever the joint construction or use of a state highway is feasible in fulfilling the purposes of sections 473.405 to 473.449, the council shall enter into an agreement with the commissioner of transportation therefor, evidenced by a memorandum setting forth the terms of the agreement. Either the council or the commissioner of transportation may acquire any additional lands, waters, easements or other rights or interests required for joint use in accordance with the agreement, or joint acquisition may be made by condemnation as provided by section 117.016 and the provisions of sections 473.405 to 473.449. Under the agreement each party shall pay to the other party reasonable compensation for the costs of any services performed at the request of the other party which may include any costs of engineering, design, acquisition of property, construction of the facilities, and for the use thereof so far as attributable to and necessary for the purposes. The council may not agree to acquisitions or expenditures under this subdivision which are not included in its budget.
473.4461 ADDITIONS TO TRANSIT TAXING DISTRICT.
Notwithstanding any provision of section 473.446 or any other law, the Metropolitan Council may not levy a tax under section 473.446, subdivision 1, in any city or town not included in the transit taxing district as it existed on January 1, 2001, unless the council and the governing body of that city or town have agreed on a service expansion plan.
473.501 DEFINITIONS.
Subdivision 1.
Terms.
The terms defined in this section shall have the meanings given them for the purposes of sections 473.501 to 473.549 unless otherwise provided or indicated by the context.
Subd. 3.
Local government unit or government unit.
"Local government unit" or "government unit" means any municipal or public corporation or governmental subdivision or agency located in whole or in part in the metropolitan area, authorized by law to provide for the collection and disposal of sewage.
473.504 WASTEWATER SERVICES, POWERS.
Subd. 4.
Rules, penalties.
The council shall have the power to adopt rules relating to the operation of any interceptors or treatment works operated by it, and may provide penalties for the violation thereof not exceeding the maximum which may be specified for a misdemeanor. Any rule prescribing a penalty for violation shall be published at least once in a newspaper having general circulation in the metropolitan area.
Subd. 5.
Gifts, grants, loans.
The council may accept gifts, may apply for and accept grants or loans of money or other property from the United States, the state, or any person for any of its purposes whether for construction, research, or pilot project implementation, may enter into any agreement required in connection therewith, and may hold, use, and dispose of such money or property in accordance with the terms of the gift, grant, loan, or agreement relating thereto.
Subd. 6.
Joint or cooperative action.
The council may act under the provisions of section 471.59, or any other appropriate law providing for joint or cooperative action between government units.
Subd. 9.
May get property.
The council may acquire by purchase, lease, condemnation, gift, or grant, any real or personal property including positive and negative easements and water and air rights, and it may construct, enlarge, improve, replace, repair, maintain, and operate any interceptor or treatment works determined to be necessary or convenient for the collection and disposal of sewage in the metropolitan area. Any local government unit and the commissioners of transportation and natural resources are authorized to convey to or permit the use of any such facilities owned or controlled by it by the council, subject to the rights of the holders of any bonds issued with respect thereto, with or without compensation, without an election or approval by any other government agency. All powers conferred by this subdivision may be exercised both within or without the metropolitan area as may be necessary for the exercise by the council of its powers or the accomplishment of its purposes. The council may hold such property for its purposes, and may lease any such property so far as not needed for its purposes, upon such terms and in such manner as it shall deem advisable. Unless otherwise provided, the right to acquire lands and property rights by condemnation shall be exercised in accordance with chapter 117, and shall apply to any property or interest therein owned by any local government unit; provided, that no such property devoted to an actual public use at the time, or held to be devoted to such use within a reasonable time, shall be so acquired unless a court of competent jurisdiction shall determine that the use proposed by the board is paramount to such use. Except in case of property in actual public use, the council may take possession of any property for which condemnation proceedings have been commenced at any time after the issuance of a court order appointing commissioners for its condemnation.
Subd. 10.
Nonfranchise required.
The council may construct or maintain its systems or facilities in, along, on, under, over, or through public streets, bridges, viaducts, and other public rights-of-way without first obtaining a franchise from any local government unit having jurisdiction over them; but such facilities shall be constructed and maintained in accordance with the ordinances and resolutions of any such government unit relating to construction, installation, and maintenance of similar facilities in such public properties and shall not obstruct the public use of such rights-of-way.
Subd. 11.
Surplus property.
The council may sell or otherwise dispose of any real or personal property acquired by it which is no longer required for accomplishment of its purposes.
Subd. 12.
Pacts with other governments.
The council may contract with the United States or any agency thereof, any state or agency thereof, or any local government unit or governmental agency or subdivision, for the joint use of any facility owned by the council or such entity, for the operation by such entity of any system or facility of the council, or for the performance on the council's behalf of any service, on such terms as may be agreed upon by the contracting parties.
473.505 TOTAL WATERSHED MANAGEMENT.
The Metropolitan Council may enter into agreements with other governmental bodies and agencies and spend funds to implement total watershed management. "Total watershed management" means identifying and quantifying at a watershed level the (1) sources of pollution, both point and nonpoint, (2) causes of conditions that may or may not be a result of pollution, and (3) means of reducing pollution or alleviating adverse conditions. The purpose of total watershed management is to achieve the best water quality for waters of the state receiving the effluent of the metropolitan disposal system for the lowest total costs, without regard to who will incur those costs.
473.511 SEWER SERVICE FUNCTION.
Subdivision 1.
Duty of council; existing, new facilities.
At any time after January 1, 1970, until July 1, 1994, the former Metropolitan Waste Control Commission, and after July 1, 1994, the council shall assume ownership of all existing interceptors and treatment works which will be needed to implement the council's comprehensive plan for the collection, treatment, and disposal of sewage in the metropolitan area, in the manner and subject to the conditions prescribed in subdivisions 2 and 4, and shall thereafter acquire, construct, equip, operate and maintain all additional interceptors and treatment works which will be needed for such purpose. The council shall assume ownership of all treatment works owned by a local government unit if any part of such treatment works will be needed for such purpose.
Subd. 2.
Method of acquisition; existing debt.
The council may require any local government unit to transfer to the council, all of its right, title and interest in any interceptors or treatment works and all necessary appurtenances thereto owned by such local government unit which will be needed for the purpose stated in subdivision 1. Appropriate instruments of conveyance for all such property shall be executed and delivered to the council by the proper officers of each local government unit concerned. All persons regularly employed by a local government unit to operate and maintain any treatment works so transferred to the council, on the date on which the transfer becomes effective, shall be employees of the council, in the same manner and with the same options and rights as are reserved to employees of sanitary districts and joint boards under subdivision 3. The council, upon assuming ownership of any such interceptors or treatment works, shall become obligated to pay to such local government unit amounts sufficient to pay when due all remaining principal of and interest on bonds issued by such local government unit for the acquisition or betterment of the interceptors or treatment works taken over. Such amounts may be offset against any amount to be paid to the council by the local government unit as provided in section 473.517.
Subd. 3.
Existing sanitary districts, joint sewer boards.
Effective January 1, 1971, the corporate existence of the Minneapolis-St. Paul Sanitary District, the North Suburban Sanitary Sewer District, and any joint board created by agreement among local government units under section 471.59, to provide interceptors and treatment works for such local government units, terminate. All persons regularly employed by such sanitary districts and joint boards on that date or on any earlier date on which the former waste control commission pursuant to subdivisions 1 and 2 assumed ownership and control of any interceptors or treatment works owned or operated by such sanitary districts and joint boards, and who are employees of the commission on July 1, 1994, are employees of the council. Members of trades who are employed by the former Metropolitan Waste Control Commission, who have trade union pension coverage under a collective bargaining agreement, and who elected exclusion from coverage under section 473.512, or who are first employed after July 1, 1977, may not be covered by the Minnesota State Retirement System. The council shall make the employer's contributions to pension funds of its employees. Such employees shall perform such duties as may be prescribed by the council. All funds of such sanitary districts and joint boards then on hand, and all subsequent collections of taxes, special assessments or service charges levied or imposed by or for such sanitary districts or joint boards must be transferred to the council. The local government units otherwise entitled to such cash, taxes, assessments, or service charges must be credited with such amounts, and such credits must be offset against any amounts to be paid by them to the council as provided in section 473.517. The former Metropolitan Waste Control Commission, and on July 1, 1994, the council shall succeed to and become vested by action of law with all right, title and interest in and to any property, real or personal, owned or operated by such sanitary districts and joint boards. Prior to that date the proper officers of such sanitary districts and joint boards, or the former Metropolitan Waste Control Commission, shall execute and deliver to the council all deeds, conveyances, bills of sale, and other documents or instruments required to vest in the council good and marketable title to all such real or personal property; provided that vesting of the title must occur by operation of law and failure to execute and deliver the documents does not affect the vesting of title in the former Metropolitan Waste Control Commission or the council on the dates indicated in this subdivision. The council shall become obligated to pay or assume all bonded or other debt and contract obligations incurred by the former Metropolitan Waste Control Commission, or by such sanitary districts and joint boards, or incurred by local government units for the acquisition or betterment of any interceptors or treatment works owned or operated by such sanitary districts or joint boards.
Subd. 4.
Current value of existing facilities.
When the council assumes the ownership of any existing interceptors or treatment works as provided in subdivision 2 or 3, the local government unit or units which paid part or all of the cost of such facility, directly or pursuant to contracts for reimbursement of costs, shall be entitled to receive a credit against amounts to be allocated to them under section 473.517, which may be spread over such period not exceeding 30 years as the council shall determine, and an additional credit equal to interest on the unused credit balance from time to time at the rate of four percent per annum. The amount of such credit shall equal the current value of the facility computed by the council in the manner provided in this subdivision at the time the council acquires it. The original cost of a facility shall be computed as the total actual costs of constructing it, including engineering, legal, and administrative costs, less any part of it paid from federal or state funds and less the principal amount of any then outstanding bonds which were issued to finance its construction. The original cost shall be multiplied by a factor equal to a current cost index divided by the same cost index at the time of construction, to determine replacement cost. The cost indices used shall be the Engineering News Record Construction Cost Indices for facilities or parts thereof completed before 1930, and the United States Public Health Service Federal Water Pollution Control Values for Sewer and Treatment Plant Construction, as applied to facilities or parts thereof completed in or after 1930. The current value of the facility shall be the replacement cost depreciated by 4.00 percent per annum from the date of construction of treatment works, 2.50 percent per annum from the date of construction of interceptors which operate under pressure, and 1.25 percent per annum from the date of construction of interceptors which do not operate under pressure; and decreased further by a reasonable allowance for obsolescence if the council determines that the facility or any part thereof will not be useful for council purposes for at least the remaining period required to depreciate it fully, assuming no salvage value. The current value of each such facility shall be credited to each local government unit in proportion to the amount of the construction cost paid by that unit, as determined by the council, taking into account reimbursements previously made under contracts between any of the local government units. The council shall prepare an itemized statement of the amount of credit each local government unit is entitled to receive under this subdivision, and the years and amounts of installments of principal and interest thereon, and shall cause it to be mailed or delivered to the governing body of each local government unit concerned. All credits allowed under this subdivision shall be used to finance current costs allocated to the local government unit by the council or for other sewer costs, and the credits shall not be considered as proceeds from the sale of municipal property so as to permit their use for other purposes. At its option, the council may make a periodic payment to each local government unit in the amount of the credits provided pursuant to this subdivision, in lieu of a credit against amounts to be allocated to such local government units under section 473.517.
473.5111 TRANSFER, DISPOSAL OF NONMETROPOLITAN INTERCEPTOR.
Subdivision 1.
Definitions.
In this section, the definitions in this subdivision apply, except as otherwise expressly provided or indicated by the context.
(a) The term "in good operating condition" with reference to an interceptor means that the facility is currently operational and that the pipes or sewer mains portion only of the facility is expected to have structural integrity, as appropriate for the proposed use of the pipe, for a period of ten or more years after the date of a determination or certification of good operating condition under this section.
(b) The term "interceptor" has the meaning given it in section 473.121, subdivision 23, and includes a designated portion of an interceptor.
(c) The term "local government unit," with respect to an interceptor that is a storm sewer, means a local governmental unit as defined in section 473.121, subdivision 6. The term local government unit, with respect to an interceptor that is not a storm sewer, means a local government unit as defined in section 473.501, subdivision 3.
(d) The term "storm sewer" means a facility that currently carries exclusively water runoff, surface water, or other drainage, rather than sewage.
(e) The term "use as a local facility" includes use as either a sanitary sewer or a storm sewer.
Subd. 2.
Nonmetropolitan status determination.
The council may determine that an interceptor is no longer needed to implement the council's comprehensive plan for the collection, treatment, and disposal of sewage in the metropolitan area. If the council makes the determination, it may use the procedures in this section to sell, transfer, abandon, or otherwise dispose of the interceptor.
Subd. 3.
Local benefit determination; transfer to benefited community.
(a) If the council uses the procedures in this section, it must, with regard to each interceptor for which the determination is made in subdivision 2, determine whether or not the interceptor continues to be of benefit for use as a local facility for one or more local government units. If the council determines that the interceptor does not continue to be of benefit as a local facility, it must notify each local government unit in which the interceptor is located, of this determination.
(b) Such a government unit may notify the council in writing within 90 days from receipt of notice that it believes the interceptor provides a local benefit to the government unit and that it desires to take possession of the interceptor. The council may extend the time for a government unit to provide this notice. If a government unit delivers a written notice to the council in accordance with this paragraph, the council must transfer the interceptor at no cost to the government unit by preparing and transmitting a bill of sale for the facility and quitclaim deeds for any property rights associated with the facility that are no longer needed for the council's purposes. Upon receipt of the bill of sale, the government unit is the owner of the interceptor and thereafter responsible for its operation and maintenance.
(c) If the council does not receive notice from a government unit under paragraph (b), the council may sell, transfer, abandon, or otherwise dispose of the interceptor in such manner as it may deem fit.
Subd. 4.
Preliminary council determinations; notice to local government units.
If the council determines that an interceptor continues to be of benefit for use as a local facility for one or more local government units, it must designate those units that are so benefited and the portions of the interceptor that should properly be transferred to the benefited units. It must also determine whether the interceptor is in good operating condition and, if not, the necessary repairs, and their cost, needed to put the interceptor in good operating condition. The council must provide written notice to each designated unit of the council's determinations in this subdivision.
Subd. 5.
Contested case; administrative and judicial review.
(a) The council's preliminary determinations under subdivision 4 may be contested by a local government unit which has been designated by the council under that subdivision. The unit has 90 days from receiving notice of the council's determinations under subdivision 4 within which to make a written request to the council for a hearing on the council's determinations. The unit in its request for hearing must specify the determinations with which it disagrees and its position with regard to those determinations. If within 90 days no designated unit has requested a hearing in writing, the council's preliminary determinations become its final decision with respect to the determinations under subdivision 4 and the final decision is binding on all designated units. If a designated unit requests a hearing, the request for hearing must be granted and the hearing must be conducted by the Office of Administrative Hearings in the manner provided by chapter 14 for contested cases. The subject of the hearing must extend only to those council determinations under subdivision 4 for which a hearing has been requested. The council and all local government units designated by the council under subdivision 4 are parties to the contested case proceeding.
(b) Charges of the Office of Administrative Hearings must be divided equally among the council and those parties who requested a hearing under paragraph (a). Otherwise, each party is responsible for its own costs and expenses in the proceeding.
(c) After receipt of the report of the Office of Administrative Hearings, the council must make a final decision with respect to the determinations in subdivision 4. Any party to the contested case proceeding who is aggrieved by the final decision of the council may make a judicial appeal in the manner provided in chapter 14 for contested cases.
Subd. 6.
Council options.
(a) If the council's final decision after a proceeding under subdivision 5 is that the interceptor does not continue to be of benefit for use as a local facility, it may sell, transfer, abandon, or otherwise dispose of the interceptor in such manner as it may deem fit.
(b) If the council's final decision is that the interceptor continues to be of benefit for use as a local facility, but is not in good operating condition, it may either:
(1) continue to operate the interceptor until sold, transferred, abandoned, or otherwise disposed of in such manner as it may deem fit; or
(2) repair the interceptor as necessary to put the interceptor in good operating condition, certify that it is in good operating condition, and proceed under subdivision 7.
(c) If the council's final decision is that the interceptor continues to be of benefit for use as a local facility and is in good operating condition, it must proceed under subdivision 7.
Subd. 7.
Transfer agreement; local benefit charge; transfer to benefited community.
(a) This subdivision applies if an interceptor designated in subdivision 2 continues to be of benefit as a local facility and is determined or, after repair is certified, by the council to be in good operating condition.
(b) The council and each local government unit that has been determined to have a benefit in accordance with the procedures in this section must negotiate and enter into an agreement governing transfer of an interceptor that has been determined to have benefit for use as a local facility.
(c) The agreement may provide for the council to share in the cost of emergency repairs to the transferred interceptor for an agreed warranty period not exceeding ten years beyond the later of:
(1) the date of the preliminary council determination of good operating condition in subdivision 4; or
(2) the date of the certification in subdivision 6, paragraph (b), clause (2).
(d) The agreement may also contain arrangements between one or more local government units concerning shared use, ownership, operation, or maintenance of the transferred interceptor.
(e) If the interceptor is not a storm sewer and is not transferred in its entirety to local government units, the council must charge a local benefit charge for the portions of the interceptor not transferred.
(f) The charge must begin on the later of:
(1) two years from the date of the determination in subdivision 2; or
(2) the day after the completion of any contested case proceeding under subdivision 5, including any judicial appeals.
(g) The local benefit charge must be:
(1) based on the costs of overhead, operation, maintenance, rehabilitation, and debt service of that portion of the interceptor not transferred;
(2) charged to all local government units which have not taken ownership of their allocated portion of the interceptor; and
(3) allocated in accordance with the final decision of the council under subdivision 5.
(h) The local benefit charge is considered a charge payable by the local government unit to the council under section 473.521 and must continue to be paid by the local government unit until the interceptor is transferred to it.
(i) If the facility is a storm sewer and is not transferred in its entirety to the benefited local government unit or units by the later of:
(1) two years from the date of the determination in subdivision 2; or
(2) the day after the completion of any contested case proceeding under subdivision 5, including any judicial appeals,
then the facility is transferred effective on the later of the dates in clauses (1) and (2), by operation of law, to the unit or units determined to have a benefit in accordance with the procedures under this section.
(j) The transfer is not dependent on an agreement between the council and the local government unit or units and is at no cost to the receiving unit.
(k) The local government unit is thereafter the owner of the interceptor and responsible for its operation and maintenance.
(l) The council must prepare and transmit to the appropriate government unit or units bills of sale for the facility, and quitclaim deeds for any property rights associated with the facility which are no longer needed for the council's purposes.
Subd. 8.
Power to operate, maintain, and repair facility.
Until such time as an interceptor is sold, transferred, abandoned, or otherwise disposed of under this section, the council has all powers under this chapter to operate, maintain, and repair the interceptor. After transfer of an interceptor, the council has all powers under this chapter to provide emergency repairs under any agreed warranty period incorporated into a transfer agreement under subdivision 7.
473.512 PENSION EXCLUSION FOR CERTAIN LABOR SERVICE EMPLOYEES.
Subdivision 1.
Qualification, conditions.
A member of a trade who is employed by the former metropolitan waste control commission, and on July 1, 1994, is employed by the council, on a permanent basis with trade union pension plan coverage pursuant to a collective bargaining agreement shall be excluded from coverage by the Minnesota State Retirement System if the member was first employed on or after June 1, 1977 or, if the member was first employed prior to June 1, 1977, has elected to be excluded from coverage by the Minnesota State Retirement System pursuant to subdivision 2, and has accepted a refund of contributions pursuant to subdivision 3.
Subd. 2.
Deadline, effect.
A member of a trade entitled under subdivision 1 to make an election of exclusion from pension coverage by the Minnesota State Retirement System may make the election of exclusion no later than August 1, 1977 on forms provided by the executive director of the Minnesota State Retirement System. The election of exclusion from coverage shall be a one time election irrevocable while employed in such capacity and shall have retroactive application to the first day of membership in the Minnesota State Retirement System.
Subd. 3.
Refund.
Upon electing to be excluded from coverage as provided in subdivision 2 and making a valid application, a member of a trade shall be entitled to a refund of both the accumulated employee and the employer contributions made pursuant to Minnesota Statutes 1976, section 352.04, subdivision 3, on behalf of the member plus interest at the rate of 3-1/2 percent per annum compounded annually from the date of commencement of coverage, computed to the first day of the month in which the refund is processed and shall be based on fiscal year balances. The application for the refund may be made without the waiting period provided for in section 352.22, subdivision 1. No repayment of a refund made under this section shall be permitted.
473.513 MUNICIPAL PLANS AND PROGRAMS.
As soon as practicable after the adoption of the first policy plan by the council as provided in section 473.146, and before undertaking the construction of any extensions or additions to its disposal system or the substantial alteration or improvement of its existing disposal system, each local government unit shall adopt a similar policy plan for the collection, treatment and disposal of sewage for which the local government unit is responsible, coordinated with the council's plan, and may revise the same as often as it deems necessary. Each such plan shall be submitted forthwith to the council for review and shall be subject to the approval of the council as to those features affecting the council's responsibilities as determined by the council. Any such features disapproved by the council shall be modified in accordance with the council's recommendations. No construction of new sewers or other disposal facilities, and no substantial alteration or improvement of any existing sewers or other disposal facilities involving such features, shall be undertaken by any local government unit unless its governing body shall first find the same to be in accordance with its comprehensive plan and program as approved by the council. At the time each local government unit makes application to the Minnesota Pollution Control Agency for a permit to alter or improve its disposal system it shall file with the council a copy of the application together with design data and a location map of the project.
473.515 SEWAGE COLLECTION AND DISPOSAL; POWERS.
Subdivision 1.
Identification of powers.
In addition to all other powers conferred upon or delegated to the council hereunder, it shall have the powers specified in this section.
Subd. 2.
Right to discharge treated sewage.
The council shall have the right to discharge the effluent from any treatment works operated by it into any waters of the state in accordance with any effluent or water quality standards lawfully adopted by the Pollution Control Agency.
Subd. 3.
Connections with metropolitan system.
The council may require any person or local government unit in the metropolitan area to provide for the discharge of its sewage, directly or indirectly, into the metropolitan disposal system, or to connect any disposal system or part thereof with the metropolitan disposal system wherever reasonable opportunity therefor is provided; may regulate the manner in which such connections are made; may require any person or local government unit discharging sewage into the metropolitan disposal system to provide preliminary treatment therefor; may prohibit the discharge into the metropolitan disposal system of any substance which it determines will or may be harmful to the system or any persons operating it; and may require any local government unit to discontinue the acquisition, betterment, or operation of any facility for its disposal system wherever and so far as adequate service is or will be provided by the metropolitan disposal system.
473.5155 VIOLATION OF WASTEWATER LAW; REMEDIES, PENALTIES.
Subdivision 1.
Remedies available.
(a) For purposes of this section, "violation" means any discharge or action by a person that violates sections 473.501 to 473.549 or rules, standards, variances, limitations, orders, stipulations, agreements, schedules of compliance, or permits that are issued or adopted by the council under sections 473.501 to 473.549.
(b) Each violation may be enforced by any one or a combination of the following: criminal prosecution, civil action, or other appropriate action in accordance with sections 473.501 to 473.549.
Subd. 2.
Criminal penalties; duties.
(a) Any person who commits a violation under subdivision 1 may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
(b) County attorneys, sheriffs and other peace officers, and other officers authorized to enforce criminal laws shall take all action necessary to prosecute and punish violations.
Subd. 3.
Civil penalties.
A violation is subject to a penalty payable to the state, in an amount to be determined by the court, of not more than $1,000 per day of violation. The civil penalty may be recovered by a civil action brought by the council in the name of the state.
473.516 WASTE FACILITIES; SEWAGE SLUDGE DISPOSAL.
Subdivision 1.
Acquisition and operation.
Without limiting the grant or enumeration of any of the powers conferred on the council under sections 473.501 to 473.549, the council shall have the specific power to acquire by purchase, lease, condemnation, gift or grant any real or personal property, positive and negative easements and water and air rights, and it may construct, enlarge, improve, replace, repair, maintain and operate waste facilities in the metropolitan area deemed to be necessary or convenient in connection with the processing or disposal of waste resulting from sewage treatment, and the council may contract for the maintenance and operation of such waste facilities, subject to the bidding requirements of section 473.523. The council may accept for processing waste derived from outside the metropolitan area in the state, as well as waste derived from within the metropolitan area, and may fix and collect fees and charges for the acceptance of waste as the council determines to be reasonable.
Subd. 2.
General requirements.
With respect to its activities under this section, the council shall be subject to and comply with the applicable provisions of this chapter. Property acquired by the council under this section shall be subject to the provisions of section 473.545. Any site or facility owned or operated for or by the council shall conform to the policy plan adopted under section 473.149. The council shall contract with private persons for the construction, maintenance, and operation of waste facilities, subject to the bidding requirements of section 473.523, where the facilities are adequate and available for use and competitive with other means of providing the same service.
Subd. 3.
Local restrictions.
Counties and local units of government may impose conditions respecting the construction, operation, inspection, monitoring, and maintenance of a waste facility of the council and conditions respecting the sale, gift, delivery, storage, use, and disposal of sewage sludge of the council on private property as a soil conditioner or amendment, but only in the manner and only to the extent authorized and approved by the council and the Pollution Control Agency as being consistent with the establishment and use of the council's waste facilities and the disposal of the council's sewage sludge on private property in accordance with the council's plan, adopted under Minnesota Statutes 1992, section 473.153, and agency permits and rules. Counties may exercise the enforcement powers granted under section 473.811, subdivision 5c, in the manner and to the extent authorized and approved in accordance with this subdivision.
Subd. 4.
Technical monitoring; sewage sludge disposal.
Each sewage sludge disposal facility of the council, or site used for the disposal of sewage sludge of the council, shall be required to have an agency permit issued pursuant to agency rules for permitting sewage sludge disposal facilities and sites. Each permit shall require a regular monitoring and testing program to be carried out by the council. A regular inspection program shall be conducted by the agency or a county under contract to the agency. The council shall reimburse the agency quarterly for the cost of the program, and the amounts reimbursed are hereby appropriated to the agency for the purposes of the program. The council shall attempt to the greatest practical extent to provide a sludge quality that permits desired nutrient loadings and minimizes elements not essential for plant growth when sludge is disposed of on private property as a soil conditioner or amendment. The council shall provide recipients with information on the facility generating the sludge and the content of the sludge taken from its various treatment facilities.
473.517 ALLOCATION OF COSTS.
Subdivision 1.
Allocation method.
Except as provided in subdivision 3, the estimated costs of operation, maintenance, and debt service of the metropolitan disposal system to be paid by the council in each fiscal year, and the costs of acquisition and betterment of the system which are to be paid during the year from funds other than bond proceeds, including all expenses incurred by the council pursuant to sections 473.501 to 473.545, are referred to in this section as current costs, and shall be allocated among and paid by all local government units which will discharge sewage, directly or indirectly, into the metropolitan disposal system during the budget year according to an allocation method determined by the council. The allocated costs may include an amount for a reserve or contingency fund and an amount for cash flow management. The cash flow management fund so established must not exceed five percent of the council's total wastewater services operating budget.
Subd. 3.
Allocation of treatment, interceptor costs; reserved capacity.
(a) In preparing each budget the council shall estimate the current costs of acquisition, betterment, and debt service, only, of the treatment works in the metropolitan disposal system which will not be used to total capacity during the budget year, and the percentage of such capacity which will not be used, and shall deduct the same percentage of such treatment works costs from the current costs allocated under subdivision 1. The council shall also estimate the current costs of acquisition, betterment, and debt service, only, of the interceptors in the metropolitan disposal system that will not be used to total capacity during the budget year, shall estimate the percentage of the total capacity that will not be used, and shall deduct the same percentage of interceptor costs from the current costs allocated under subdivision 1. The total amount so deducted with respect to all treatment works and interceptors in the system shall be allocated among and paid by the respective local government units in the metropolitan area through a metropolitan sewer availability charge for each new connection or increase in capacity demand to the metropolitan disposal system within each local government unit. Amounts collected through the metropolitan sewer availability charge (SAC) must be deposited in the council's wastewater reserve capacity fund. Each fiscal year an amount from the wastewater reserve capacity fund shall be transferred to the wastewater operating fund for the reserved capacity costs described in this paragraph. For the purposes of this subdivision, the amount transferred from the wastewater reserve capacity fund to the wastewater operating fund shall be referred to as the "SAC transfer amount."
(b) The council will record on a cumulative basis the total SAC transfer deficit. In any year that the wastewater reserve capacity fund has a year-end balance of at least two years' estimated SAC transfer amount, the council shall increase the subsequent annual SAC transfer amount in excess of the amount required by paragraph (a) with the goal of eliminating the cumulative total SAC transfer deficit. The annual amount by which the council increases the SAC transfer amount shall be determined by the council after appropriate study and a public hearing.
Subd. 6.
Deferment of payments.
(a) Upon request of a local government unit, the council may provide for the deferment of payment of all or part of the allocated costs that are allocated by the council to that local government unit in any year pursuant to subdivision 1, repayable at the time or times specified by the council, with interest as determined by the council. A deferment must not result in an increase to the allocated costs which are allocated by the council to other local government units in any year pursuant to subdivision 1.
(b) Upon request of a local government unit, the council may provide for the deferment of payment of all or part of the allocated costs which are allocated by the council to a local government unit in any year pursuant to subdivision 3, repayable at such time or times as the council shall specify, with interest at the approximate average annual rate borne by council bonds outstanding at the time of the deferment, as determined by the council. Such deferred costs shall be allocated to and paid by all local government units in the metropolitan area which will discharge sewage, directly or indirectly, into the metropolitan disposal system in the budget year for which the deferment is granted, in the same manner and proportions as costs are allocated under subdivision 1.
Subd. 10.
Direct charging of industrial users.
(a) The term "industrial discharger" for the purposes of this subdivision means a recipient of wastewater treatment services that is required by council rules or procedures to have a permit issued by the council in order to discharge sewage to the metropolitan disposal system.
(b) The council may directly impose on all or any category of industrial dischargers all or any portion of the costs that would otherwise be allocated among and paid by local government units under subdivision 1. Any amounts imposed directly on industrial dischargers by the council under this subdivision must be deducted from the amounts to be allocated among and paid by local government units under subdivision 1, and any charges imposed by a local government unit for the same purpose are of no further force and effect from and after the effective date of the council's direct charges. Charges imposed under this subdivision are in addition to any other charges imposed on industrial dischargers by a local government unit and must be paid by the industrial discharger at such intervals as may be established by the council. The council may impose interest charges upon delinquent payments.
(c) Charges by the council to industrial dischargers under this subdivision including any interest charges, as well as any other charges or related fees owed by the industrial discharger pursuant to a discharge permit issued by the council for the subject property, are a charge jointly and severally against the owners, lessees, and occupants of the property served. The council may certify such unpaid amounts to the appropriate county auditor as a tax for collection as other taxes are collected on the property served. The proceeds of any tax collected pursuant to the council's certification must be paid by the county treasurer to the council when collected. Certification does not preclude the council from recovery of delinquent amounts and interest under any other available remedy.
473.519 1972 U.S. WATER POLLUTION CONTROL ACT: USE CHARGE SHARES.
Each local government unit shall adopt a system of charges for the use and availability of the metropolitan disposal system which will assure that each recipient of waste treatment services within or served by the unit will pay its proportionate share of the costs allocated to the unit by the council under section 473.517, as required by the federal Water Pollution Control Act amendments of 1972, and any regulations issued pursuant thereto. Each system of charges shall be submitted to the council if requested by the council.
473.521 PAYMENTS TO COUNCIL.
Subdivision 1.
Amounts due council, when payable.
Charges payable to the council by local government units may be made payable at such times during each year as the council determines, but such dates shall be fixed with reference to the dates on which tax, assessment, and revenue collections become available to the government units required to pay such charges.
Subd. 2.
Component municipalities, obligations to council.
Each government unit shall pay to the council all sums charged to it as provided in section 473.517, at the times and in the manner determined by the council. The governing body of each such government unit shall take all action that may be necessary to provide the funds required for such payments and to make the same when due.
Subd. 3.
Powers of government units.
To accomplish any duty imposed on it by the council, the governing body of every government unit in the metropolitan area may exercise the powers granted any municipality by chapters 117, 412, 429, 475, sections 115.46, 444.075 and 471.59.
Subd. 4.
Deficiency tax levies.
If the governing body of any local government unit fails to meet any payment to the council hereunder when due, the Metropolitan Council may certify to the auditor of the county in which the government unit is located the amount required for payment of such amount with interest at six percent per annum. The auditor shall levy and extend such amount as a tax upon all taxable property in the government unit for the next calendar year, free from any existing limitations imposed by law or charter. Such tax shall be collected in the same manner as the general taxes of the government unit, and the proceeds thereof, when collected, shall be paid by the county treasurer to the treasurer of the council and credited to the government unit for which the tax was levied.
473.523 CONSTRUCTION CONTRACTS SUBJECT TO MUNICIPAL BID LAW.
Subdivision 1.
Contracts for metropolitan disposal system.
All contracts for construction work, or for the purchase of materials, supplies, or equipment relating to the metropolitan disposal system shall be made as provided in section 471.345, subdivisions 3 to 6. Contracts subject to section 471.345, subdivision 3, shall be made by the council by publishing once in a legal newspaper or trade paper published in a city of the first class not less than two weeks before the last day for submission of bids, notice that bids or proposals will be received. Such notice shall state the nature of the work or purchase and the terms and conditions upon which the contract is to be awarded, and a time and place where such bids will be received, opened, and read publicly. After such bids have been duly received, opened, read publicly, and recorded, the council shall award such contract to the lowest responsible bidder or it may reject all bids and readvertise. Each contract shall be duly executed in writing and the party to whom the contract is awarded shall give sufficient bond or security to the council for the faithful performance of the contract as required by law. The council shall have the right to set qualifications and specifications and to require bids to meet all such qualifications and specifications before being accepted. If the council by an affirmative vote of two-thirds of its members declares that an emergency exists requiring the immediate purchase of materials or supplies at a cost in excess of the amount specified in section 471.345, subdivision 3, or in making emergency repairs, it shall not be necessary to advertise for bids.
Subd. 1a.
Contracts over $50,000; best value alternative.
As an alternative to the procurement method described in subdivision 1, the council may issue a request for proposals and award the contract to the vendor or contractor offering the best value under a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
473.524 CAPITAL INTENSIVE PUBLIC SERVICES.
The council may exercise the authority it had under Minnesota Statutes 2012, sections 471A.01 to 471A.12, for the purposes of fulfilling its wastewater services responsibilities under sections 473.501 to 473.549. The wastewater facilities designed or built under the authority provided by Minnesota Statutes 2012, sections 471A.01 to 471A.12, deemed necessary by the council to accomplish its responsibilities under this chapter must remain under the ownership of the council.
473.541 DEBT OBLIGATIONS.
Subdivision 1.
Certificates of indebtedness.
At any time or times after approval of an annual budget, and in anticipation of the collection of tax and other revenues appropriated in the budget, the council may by resolution authorize the issuance, negotiation, and sale, in such form and manner and upon such terms as it may determine, of general obligation certificates of indebtedness in aggregate principal amounts not exceeding 50 percent of the total amount of such appropriations, and maturing not later than April 1 following the close of the budget year. All receipts of tax and other revenues included in the budget, after the expenditure of appropriated funds, shall be irrevocably appropriated to a special fund to pay the principal of and the interest on the certificates when due. If for some reason the anticipated revenues are insufficient to pay the certificates and interest thereon when due, the council shall levy a tax in the amount of the deficiency on all taxable property in the metropolitan area, and shall appropriate this amount to the special fund, to be credited thereto from the first tax and other revenues received in the following budget year.
Subd. 2.
Emergency certificates.
If in any budget year the receipts of tax and other revenues should from some unforeseen cause become insufficient to pay the council's current wastewater services expenses, or if any calamity or other public emergency should subject it to the necessity of making extraordinary wastewater services expenditures, the council may make an emergency appropriation of an amount sufficient to meet the deficiency and may authorize the issuance, negotiation, and sale of certificates of indebtedness in this amount in the same manner and upon the same conditions as provided in subdivision 1. The council may levy on all taxable property in the metropolitan area a tax sufficient to pay the certificates and interest thereon, and shall appropriate all collections of such tax to a special fund created for that purpose. The certificates may mature not later than April in the year following the year in which any levied tax is collectible.
Subd. 3.
General obligation bonds.
The council may by resolution authorize the issuance of general obligation bonds for the acquisition or betterment of any interceptors or treatment works determined to be necessary or desirable for the metropolitan disposal system, or for the refunding of outstanding bonds, certificates of indebtedness, or judgments. The council shall provide for the issuance and sale and for the security of such bonds in the manner provided in chapter 475, and shall have the same powers and duties as a municipality issuing bonds under that law, except that no election shall be required and the net debt limitations in chapter 475 shall not apply to such bonds. The council may also pledge for the payment of such bonds any revenues receivable under section 473.517.
Subd. 4.
Revenue bonds.
(a) The council may, by resolution, authorize the issuance of revenue bonds for any purpose for which general obligation bonds may be issued under subdivision 3. The bonds shall be sold, issued, and secured in the manner provided in chapter 475 for bonds payable solely from revenues, except as otherwise provided in this subdivision, and the council shall have the same powers and duties as a municipality and its governing body in issuing bonds under that chapter. The bonds shall be payable from and secured by a pledge of all or any part of revenues receivable under section 473.517, shall not, and shall state they do not, represent or constitute a general obligation or debt of the council, and shall not be included in the net debt of any city, county, or other subdivision of the state for the purpose of any net debt limitation. The proceeds of the bonds may be used to pay credit enhancement fees.
(b) The bonds may be secured by a bond resolution, or a trust indenture entered into by the council with a corporate trustee within or outside the state, which shall define the revenues and bond proceeds pledged for the payment and security of the bonds. The pledge shall be a valid charge on the revenues received under section 473.517. No mortgage of or security interest in any tangible real or personal property shall be granted to the bondholders or the trustee, but they shall have a valid security interest in the revenues and bond proceeds received by the council and pledged to the payment of the bonds as against the claims of all persons in tort, contract, or otherwise, irrespective of whether such parties have notice thereof and without possession or filing as provided in the Uniform Commercial Code or any other law, subject, however, to the rights of the holders of any general obligation bonds issued under subdivision 3. In the bond resolution or trust indenture, the council may make such covenants as it determines to be reasonable for the protection of the bondholders, including a covenant to issue general obligation bonds to refund the revenue bonds if and to the extent required to pay principal and interest on the bonds and to certify a deficiency tax levy as provided in section 473.521, subdivision 4.
(c) Neither the council, nor any council member, officer, employee, or agent of the council, nor any person executing the bonds shall be liable personally on the bonds by reason of their issuance. The bonds shall not be payable from nor a charge upon any funds other than the revenues and bond proceeds pledged to the payment thereof, nor shall the council be subject to any liability thereon or have the power to obligate itself to pay or to pay the bonds from funds other than the revenues and bond proceeds pledged, and no holder or holders of bonds shall ever have the right to compel any exercise of the taxing power of the council (except any deficiency tax levy the council covenants to certify under section 473.521, subdivision 4) or any other public body, to the payment of principal of or interest on the bonds, nor to enforce payment thereof against any property of the council or other public body other than that expressly pledged for the payment thereof.
473.542 DEPOSITORIES.
The council shall from time to time designate one or more national or state banks, or trust companies authorized to do a banking business, as official depositories for moneys of the council, and thereupon shall require the treasurer to deposit all or a part of such moneys in such institutions. Such designation shall be in writing and shall set forth all the terms and conditions upon which the deposits are made, and shall be signed by the chair and treasurer, and made a part of the minutes of the council. Any bank or trust company so designated shall qualify as a depository by furnishing a corporate surety bond or collateral in the amounts required by section 118A.03. However, no bond or collateral shall be required to secure any deposit insofar as it is insured under federal law.
473.543 MONEYS, ACCOUNTS AND INVESTMENTS.
Subdivision 1.
Disposed of as budgeted; pledges.
All moneys from wastewater services operations received by the council shall be deposited or invested by the treasurer and disposed of as the council may direct in accordance with its wastewater services budget; provided that any moneys that have been pledged or dedicated by the Metropolitan Council to the payment of obligations or interest thereon or expenses incident thereto, or for any other specific purpose authorized by law, shall be paid by the treasurer into the fund to which they have been pledged.
Subd. 2.
Accounts.
The council's treasurer shall establish such funds and accounts as may be necessary or convenient to handle the receipts and disbursements of the council in an orderly fashion.
Subd. 3.
Where to deposit; how to invest.
The moneys on hand in said funds and accounts may be deposited in the official depositories of the council or invested as hereinafter provided. The amount thereof not currently needed or required by law to be kept in cash on deposit may be invested in obligations authorized for the investment of public funds by chapter 118A. Such moneys may also be held under certificates of deposit issued by any official depository of the council.
Subd. 4.
Bond proceeds.
The use of proceeds of all bonds issued by the council for the acquisition and betterment of interceptors or treatment works, and the use, other than investment, of all moneys on hand in any sinking fund or funds of the council, shall be governed by the provisions of chapter 475, and the provisions of resolutions authorizing the issuance of such bonds.
473.545 PROPERTY EXEMPT FROM TAXATION.
Any properties, real or personal, owned, leased, controlled, used, or occupied by the council for any purpose referred to in sections 473.501 to 473.549 are declared to be acquired, owned, leased, controlled, used and occupied for public, governmental, and municipal purposes, and shall be exempt from taxation by the state or any political subdivision of the state, except to the extent that the property is subject to the sales and use tax under chapter 297A, provided that such properties shall be subject to special assessments levied by a political subdivision for a local improvement in amounts proportionate to and not exceeding the special benefit received by the properties from such improvement. No possible use of any such properties in any manner different from their use as part of the metropolitan disposal system at the time shall be considered in determining the special benefit received by such properties. All such assessments shall be subject to final confirmation by the Metropolitan Council, whose determination of the benefits shall be conclusive upon the political subdivision levying the assessment.
473.547 TAX LEVIES.
The council shall have power to levy taxes for debt service of the metropolitan disposal system upon all taxable property within the metropolitan area, without limitation of rate or amount and without affecting the amount or rate of taxes which may be levied by the council for other purposes or by any local government unit in the area. The council shall also have power to levy taxes as provided in section 473.521. Each of the county auditors shall annually assess and extend upon the tax rolls in the auditor's county the portion of the taxes levied by the council in each year which is certified to the auditor by the council. Each county treasurer shall collect and make settlement of such taxes with the council in the same manner as with other political subdivisions.
473.549 RELATION TO EXISTING LAWS.
The provisions of sections 473.501 to 473.549 shall be given full effect notwithstanding the provisions of any law not consistent therewith. The powers conferred on the council under sections 473.501 to 473.545 shall in no way diminish or supersede the powers conferred on the Pollution Control Agency by sections 103F.701 to 103F.755 and chapters 115 and 116.
473.621 POWERS OF CORPORATION.
Subd. 6.
Capital projects; review.
All Minneapolis-St. Paul International Airport capital projects of the commission requiring the expenditure of more than $5,000,000 shall be submitted to the Metropolitan Council for review. All other capital projects of the commission requiring the expenditure of more than $2,000,000 shall be submitted to the Metropolitan Council for review. No such project that has a significant effect on the orderly and economic development of the metropolitan area may be commenced without the approval of the Metropolitan Council. In addition to any other criteria applied by the Metropolitan Council in reviewing a proposed project, the council shall not approve a proposed project unless the council finds that the commission has completed a process intended to provide affected municipalities the opportunity for discussion and public participation in the commission's decision-making process. An "affected municipality" is any municipality that (1) is adjacent to a commission airport, (2) is within the noise zone of a commission airport, as defined in the Metropolitan Development Guide, or (3) has notified the commission's secretary that it considers itself an "affected municipality." The council must at a minimum determine that the commission:
(a) provided adequate and timely notice of the proposed project to each affected municipality;
(b) provided to each affected municipality a complete description of the proposed project;
(c) provided to each affected municipality notices, agendas, and meeting minutes of all commission meetings, including advisory committee meetings, at which the proposed project was to be discussed or voted on in order to provide the municipalities the opportunity to solicit public comment and participate in the project development on an ongoing basis; and
(d) considered the comments of each affected municipality.
473.834 DEBT SERVICE; SOLID WASTE BONDS.
Subdivision 1.
Certain cities and towns; exemption.
Each city or town in which a solid waste disposal facility is operating after January 1, 1980, shall be permanently exempt from the payments required by this section, if the facility is a commercial facility disposing of mixed municipal solid waste under an agency permit.
Subd. 2.
Allocation of debt service.
The annual debt service on the council's solid waste bonds, issued under Minnesota Statutes 1990, section 473.831, shall be annually apportioned and certified by the council to each county in the metropolitan area, in the proportion that the net tax capacity of all taxable property within each county bears to the net tax capacity of the taxable property in all the counties, except that the apportionment to each county shall first be adjusted to reflect exemptions from payment required by subdivision 1.
473.851 LEGISLATIVE FINDINGS AND PURPOSE.
The legislature finds and declares that the local governmental units within the metropolitan area are interdependent, that the growth and patterns of urbanization within the area create the need for additional state, metropolitan and local public services and facilities and increase the danger of air and water pollution and water shortages, and that developments in one local governmental unit may affect the provision of regional capital improvements for sewers, transportation, airports, water supply, and regional recreation open space. Since problems of urbanization and development transcend local governmental boundaries, there is a need for the adoption of coordinated plans, programs and controls by all local governmental units in order to protect the health, safety and welfare of the residents of the metropolitan area and to ensure coordinated, orderly, and economic development. Therefore, it is the purpose of sections 462.355, 473.175, and 473.851 to 473.871 to (1) establish requirements and procedures to accomplish comprehensive local planning with land use controls consistent with planned, orderly and staged development and the metropolitan system plans, and (2) to provide assistance to local governmental units within the metropolitan area for the preparation of plans and official controls appropriate for their areas and consistent with metropolitan system plans.
473.852 DEFINITIONS.
Subdivision 1.
Terms.
As used in sections 462.355, 473.175, and 473.851 to 473.871, the following terms shall have the meanings given them.
Subd. 2.
Advisory Metropolitan Land Use Committee or advisory committee.
"Advisory Metropolitan Land Use Committee" or "advisory committee" means an advisory committee established by the Metropolitan Council pursuant to section 473.853.
Subd. 3.
Applicable planning statute.
"Applicable planning statute" means sections 394.21 to 394.37 for counties and sections 462.351 to 462.364 for cities and towns.
Subd. 4.
Capital improvement program.
"Capital improvement program" means an itemized program for a five-year prospective period, and any amendments thereto, subject to at least biennial review, setting forth the schedule, timing, and details of specific contemplated capital improvements by year, together with their estimated cost, the need for each improvement, financial sources, and the financial impact that the improvements will have on the local governmental unit.
Subd. 5.
Comprehensive plan.
"Comprehensive plan" means the comprehensive plan of each local governmental unit described in sections 473.858 to 473.862, and any amendments to the plan.
Subd. 6.
Fiscal devices.
"Fiscal devices" means the valuation of property pursuant to section 273.111, the designation of urban and rural service districts, pursuant to section 272.67, and the establishment of development districts pursuant to sections 469.124 to 469.133, and any other statutes authorizing the creation of districts in which the use of tax increment bonding is authorized.
Subd. 7.
Local governmental unit or unit.
"Local governmental unit" or "unit" means all cities, counties and towns lying in whole or in part within the metropolitan area, but does not include school districts.
Subd. 8.
Metropolitan system plans.
"Metropolitan system plans" means the transportation portion of the Metropolitan Development Guide, and the policy plans, and capital budgets for metropolitan wastewater service, transportation, and regional recreation open space.
Subd. 9.
Official controls or controls.
"Official controls" or "controls" means ordinances and rules which control the physical development of a city, county or town or any part thereof or any detail thereof and implement the general objectives of the comprehensive plan. Official controls may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes and official maps.
Subd. 10.
Private sewer facility.
"Private sewer facility" means a single lot, multiple lot or other sewage collection or treatment facility owned, constructed or operated by any person other than a local governmental unit or the council.
473.853 ADVISORY COMMITTEE.
The council shall establish an advisory metropolitan land use committee pursuant to section 473.127, comprised of 16 members, one from each council district, and as many additional members as are necessary to provide representation from each metropolitan county, plus a chair. At least one-half of the members of the advisory committee shall be elected officials of local governmental units. The members shall be appointed for the same period as the term of the council member for the district in which the member resides.
473.854 GUIDELINES.
The council shall prepare and adopt guidelines and procedures relating to the requirements and provisions of sections 462.355, 473.175, and 473.851 to 473.871 which will provide assistance to local governmental units in accomplishing the provisions of sections 462.355, 473.175, and 473.851 to 473.871.
473.856 METROPOLITAN SYSTEM STATEMENTS; AMENDMENTS.
The council shall prepare and transmit to each affected local governmental unit a metropolitan system statement when the council updates or revises its comprehensive development guide for the metropolitan area in conjunction with the decennial review required under section 473.864, subdivision 2, and when the council amends or modifies a metropolitan system plan. The statement shall contain information relating to the unit and appropriate surrounding territory that the council determines necessary for the unit to consider in reviewing the unit's comprehensive plan. The statement may include:
(1) the timing, character, function, location, projected capacity, and conditions on use for existing or planned metropolitan public facilities, as specified in metropolitan system plans, and for state and federal public facilities to the extent known to the council; and
(2) the population, employment, and household projections which have been used by the council as a basis for its metropolitan system plans.
Within nine months after receiving a system statement for an amendment to a metropolitan system plan, and within three years after receiving a system statement issued in conjunction with the decennial review required under section 473.864, subdivision 2, each affected local governmental unit shall review its comprehensive plan to determine if an amendment is necessary to ensure continued conformity with metropolitan system plans. If an amendment is necessary, the governmental unit shall prepare the amendment and submit it to the council for review pursuant to sections 462.355, 473.175, and 473.851 to 473.871.
473.857 SYSTEM STATEMENTS; RECONCILIATION PROCEDURES.
Subdivision 1.
Request for hearing.
If a local governmental unit and the council are unable to resolve disagreements over the content of a system statement, the unit may by resolution request that a hearing be conducted by the advisory committee or by the state Office of Administrative Hearings for the purpose of considering amendments to the system statement. The request shall be made by the unit within 60 days after receipt of the system statement and shall be accompanied by a description of the disagreement together with specified proposed amendments to the system statement. If no request for a hearing is received by the council within 60 days, the statement shall be final.
Subd. 2.
Within 60 days; report.
A hearing shall be conducted within 60 days after the request, provided that the advisory committee or the administrative law judge shall consolidate hearings on related requests. The 60-day period within which the hearing shall be conducted may be extended or suspended by mutual agreement of the council and the local governmental unit. The hearing may consider the need for or reasonableness of the metropolitan system plans or parts thereof. The hearing shall afford all interested persons an opportunity to testify and present evidence. The advisory committee or administrative law judge may employ the appropriate technical and professional services of the office of dispute resolution for the purpose of evaluating disputes of fact. The proceedings shall not be deemed a contested case. Within 30 days after the hearing, the advisory committee or the administrative law judge shall report to the council respecting the proposed amendments to the system statements. The report shall contain findings of fact, conclusions, and recommendations and shall apportion the costs of the proceedings among the parties.
Subd. 3.
Final determination.
Within 30 days of receipt of the report, the council, by resolution containing findings of fact and conclusions, shall make a final determination respecting the proposed amendments. At any point in the reconciliation procedure established by this section, the council and a local governmental unit may resolve their disagreement by stipulation.
473.858 COMPREHENSIVE PLANS; LOCAL GOVERNMENTAL UNITS.
Subdivision 1.
No conflicting zoning, fiscal device, official control.
Within nine months following the receipt of a metropolitan system statement for an amendment to a metropolitan system plan and within three years following the receipt of a metropolitan system statement issued in conjunction with the decennial review required under section 473.864, subdivision 2, every local governmental unit shall have reviewed and, if necessary, amended its comprehensive plan in accordance with sections 462.355, 473.175, and 473.851 to 473.871 and the applicable planning statute and shall have submitted the plan to the Metropolitan Council for review pursuant to section 473.175. The provisions of sections 462.355, 473.175, and 473.851 to 473.871 shall supersede the provisions of the applicable planning statute wherever a conflict may exist. If the comprehensive municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into conformance with the plan by local government units in conjunction with the review and, if necessary, amendment of its comprehensive plan required under section 473.864, subdivision 2. A local government unit shall not adopt any fiscal device or official control which is in conflict with its comprehensive plan, including any amendments to the plan, or which permits activity in conflict with metropolitan system plans, as defined by section 473.852, subdivision 8. The comprehensive plan shall provide guidelines for the timing and sequence of the adoption of official controls to ensure planned, orderly, and staged development and redevelopment consistent with the comprehensive plan. For purposes of this section, a fiscal device or official control shall not be considered to be in conflict with a local government unit's comprehensive plan or to permit an activity in conflict with metropolitan system plans if such fiscal device or official control is adopted to ensure the planned, orderly, and staged development of urbanization or redevelopment areas designated in the comprehensive plan pursuant to section 473.859, subdivision 5.
Subd. 2.
Adjacent review, comment.
Local governmental units shall submit their proposed plans to adjacent governmental units, affected special districts lying in whole or in part within the metropolitan area, and affected school districts for review and comment at least six months prior to submission of the plan to the council and shall submit copies to them on the submission of the plan to the council. For minor plan amendments, the council may prescribe a shorter review and comment period, or may waive the review and comment period if the minor plan amendments involve lands that are not contiguous to other local governmental units.
Subd. 3.
When to council.
The plans shall be submitted to the council following recommendation by the planning agency of the unit and after consideration but before final approval by the governing body of the unit.
Subd. 4.
Status of old, new programs, plans, controls.
Comprehensive plans, capital improvement programs, sewer policy plans and official controls of local governmental units adopted prior to the requirements of sections 462.355, 473.175, and 473.851 to 473.871 shall remain in force and effect until amended, repealed or superseded by plans or controls adopted pursuant to sections 462.355, 473.175, and 473.851 to 473.871. Existing comprehensive plans, capital improvement programs, sewer policy plans, and official controls may be amended and new capital improvement programs and official controls may be prepared and adopted prior to the submission to the council of comprehensive plans required by sections 462.355, 473.175, and 473.851 to 473.871.
473.859 COMPREHENSIVE PLAN CONTENT.
Subdivision 1.
Contents.
The comprehensive plan shall contain objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and waters within the jurisdiction of the local governmental unit through 1990 and may extend through any year thereafter which is evenly divisible by five. Each plan shall specify expected industrial and commercial development, planned population distribution, and local public facility capacities upon which the plan is based. Each plan shall contain a discussion of the use of the public facilities specified in the metropolitan system statement and the effect of the plan on adjacent local governmental units and affected school districts. Existing plans and official controls may be used in whole or in part following modification, as necessary, to satisfy the requirements of sections 462.355, 473.175, and 473.851 to 473.871. Each plan may contain an intergovernmental coordination element that describes how its planned land uses and urban services affect other communities, adjacent local government units, the region, and the state, and that includes guidelines for joint planning and decision making with other communities, school districts, and other jurisdictions for siting public schools, building public facilities, and sharing public services.
Each plan may contain an economic development element that identifies types of mixed use development, expansion facilities for businesses, and methods for developing a balanced and stable economic base.
The comprehensive plan may contain any additional matter which may be included in a comprehensive plan of the local governmental unit pursuant to the applicable planning statute.
Subd. 2.
Land use plan.
(a) A land use plan shall include the water management plan required by section 103B.235, and shall designate the existing and proposed location, intensity and extent of use of land and water, including lakes, wetlands, rivers, streams, natural drainage courses, and adjoining land areas that affect water natural resources, for agricultural, residential, commercial, industrial and other public and private purposes, or any combination of such purposes.
(b) A land use plan shall contain a protection element, as appropriate, for historic sites, the matters listed in the water management plan required by section 103B.235, and an element for protection and development of access to direct sunlight for solar energy systems.
(c) A land use plan shall also include a housing element containing standards, plans and programs for providing adequate housing opportunities to meet existing and projected local and regional housing needs, including but not limited to the use of official controls and land use planning to promote the availability of land for the development of low and moderate income housing.
(d) A land use plan shall also include the local government's goals, intentions, and priorities concerning aggregate and other natural resources, transportation infrastructure, land use compatibility, habitat, agricultural preservation, and other planning priorities, considering information regarding supply from the Minnesota Geological Survey Information Circular No. 46.
Subd. 2a.
Application of subdivision 2, paragraph (d).
Subdivision 2, paragraph (d), applies only to land use plans adopted or amended by the governing body in relation to aggregate or when the governing body is presented with a written application for adoption or amendment of a land use plan relating to aggregate, from a landowner after August 1, 2001, in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
Subd. 3.
Public facilities plan.
A public facilities plan shall describe the character, location, timing, sequence, function, use and capacity of existing and future public facilities of the local governmental unit. A public facilities plan must be in at least such detail as may be necessary to establish existing or potential effects on or departures from metropolitan system plans and to protect metropolitan system plans. A public facilities plan shall contain at least the following parts:
(1) a transportation plan describing, designating and scheduling the location, extent, function and capacity of existing and proposed local public and private transportation services and facilities;
(2) a sewer policy plan describing, designating and scheduling the areas to be sewered by the public system, the existing and planned capacities of the public system, the standards and conditions under which the installation of private sewer systems will be permitted, and to the extent practicable, the areas not suitable for public or private systems because of public health, safety and welfare considerations;
(3) a parks and open space plan describing, designating and scheduling the existing and proposed parks and recreation open spaces within the jurisdiction; and
(4) a water supply plan as described in section 103G.291, subdivision 3.
Subd. 4.
Implementation program.
An implementation program shall describe public programs, fiscal devices and other specific actions to be undertaken in stated sequence to implement the comprehensive plan and ensure conformity with metropolitan system plans. An implementation program must be in at least such detail as may be necessary to establish existing or potential effects on or departures from metropolitan system plans and to protect metropolitan system plans. An implementation program shall contain at least the following parts:
(1) a description of official controls, addressing at least the matters of zoning, subdivision, water supply, and private sewer systems, and a schedule for the preparation, adoption, and administration of such controls;
(2) a capital improvement program for transportation, sewers, parks, water supply, and open space facilities; and
(3) a housing implementation program, including official controls to implement the housing element of the land use plan, which will provide sufficient existing and new housing to meet the local unit's share of the metropolitan area need for low and moderate income housing.
Subd. 5.
Urbanization and redevelopment areas.
The comprehensive plans may designate, when appropriate, five-year urbanization areas and shall specify in the capital improvement program the timing and sequence of major local public facilities and in the implementation program official controls which will ensure that urbanization occurs only in urbanization areas and in accordance with the plan.
The comprehensive plans may designate, when appropriate, redevelopment areas and may, as appropriate, specify in the capital improvement program the timing and sequence of local public facilities and in the implementation program the fiscal devices or official controls that will ensure that redevelopment occurs in accordance with the plan.
Subd. 6.
Plan review.
The council shall prepare guidelines for the preparation of the water supply plans required in subdivision 3, clause (4). The plans must be submitted to the council as part of the decennial review required under section 473.864, subdivision 2. The council shall review the plans under section 473.175, subdivision 1, after submitting them to affected counties that have adopted groundwater plans under section 103B.255 for their review and comment.
473.86 CITIES.
Except as provided in the metropolitan system statement, comprehensive plans of cities shall include the matters specified in section 473.859.
473.861 TOWNS.
Subdivision 1.
As in section 473.859.
Except as provided in the metropolitan system statement, comprehensive plans of towns shall include the matters specified in section 473.859.
Subd. 2.
Plan preparation.
Each town within the counties of Anoka, Carver, Dakota, Scott, and Washington, authorized to plan under sections 462.351 to 462.364, or under special law, shall by resolution determine whether it will prepare the comprehensive plan for its jurisdiction. Each such town also shall specify, pursuant to agreement with the county within which it is situated, any parts of its plan and official controls, if any, the preparation of which it delegates to the county.
Subd. 3.
Use county.
Towns within counties which have adopted comprehensive plans applicable to the town shall, to the maximum extent, use county preparation of their comprehensive plans.
473.862 METRO COUNTIES OTHER THAN HENNEPIN, RAMSEY, ANOKA, AND DAKOTA.
Subdivision 1.
Contents of plan.
Comprehensive plans of counties shall contain at least the following:
(a) Except for the counties of Hennepin, Ramsey, Anoka, and Dakota, a land use plan as specified in section 473.859, subdivision 2, for all unincorporated territory within the county;
(b) A public facilities plan which shall include all appropriate matters specified in section 473.859, subdivision 3, including a transportation plan, and a description of existing and projected solid waste disposal sites and facilities;
(c) An implementation program, as specified in section 473.859, subdivision 4.
Subd. 2.
Town planning.
Each county other than Hennepin, Ramsey, Anoka, and Dakota shall prepare, with the participation and assistance of the town, the comprehensive plan for any town within the county which has not taken action by resolution pursuant to section 473.861, subdivision 2 and shall prepare all or part of any plan delegated to it pursuant to section 473.861, subdivision 2.
Subd. 3.
Towns that cannot plan.
Each county other than Hennepin, Ramsey, Anoka, and Dakota shall prepare, with the participation and assistance of the town, the comprehensive plan for each town within the county not authorized to plan under sections 462.351 to 462.364, or under special law.
473.864 PLANS; ADOPTION; AMENDMENT.
Subdivision 1.
When adopted.
Each local governmental unit shall adopt its comprehensive plan with required modifications within nine months following a final decision, order, or judgment made pursuant to section 473.866.
Subd. 2.
Decennial review.
By December 31, 1998, and at least once every ten years thereafter, each local governmental unit shall review and, if necessary, amend its entire comprehensive plan and its fiscal devices and official controls. Such review and, if necessary, amendment shall ensure that, as provided in section 473.865, the fiscal devices and official controls of each local government unit are not in conflict with its comprehensive plan. Upon completion of review and, if necessary, amendment of its comprehensive plan, fiscal devices, and official controls as required by this section, each local government unit shall either:
(a) submit to the Metropolitan Council the entire current comprehensive plan together with written certification by the governing body of the local government unit that it has complied with this section and that no amendments to its plan or fiscal devices or official controls are necessary; or
(b)(1) submit the entire updated comprehensive plan and amendment or amendments to its comprehensive plan necessitated by its review to the Metropolitan Council for review; and
(2) submit the amendment or amendments to its fiscal devices or official controls necessitated by its review to the Metropolitan Council for information purposes as provided by section 473.865.
Except as otherwise provided in this paragraph, local governments shall consider, in preparing their updated comprehensive plans, amendments to metropolitan system plans in effect on December 31, 1996. For metropolitan system plans, or amendments thereto, adopted after December 31, 1996, local governments shall review their comprehensive plans to determine if an amendment is necessary to conform to the metropolitan system plans. If an amendment is necessary, the local government shall prepare the amendment and submit it to the council for review by September 30, 1999, or nine months after the council transmits the metropolitan system plan amendment to the local government, whichever is later.
The periodic review required in this subdivision shall be in addition to the review required by section 473.856.
The Metropolitan Council may grant extensions to local government units in order to allow local government units to complete the review and, if necessary, amendment required by this subdivision. Such extensions, if granted by the Metropolitan Council, must include a timetable and plan for completion of the review and amendment.
Amendments to comprehensive plans of local governmental units shall be prepared, submitted, and adopted in conformance with guidelines adopted by the Metropolitan Council pursuant to section 473.854.
473.865 ADOPTION; CONFLICTS, AMENDMENT OF CONTROLS, DEVICES.
Subdivision 1.
Control copies to council.
Each local governmental unit shall adopt official controls as described in its adopted comprehensive plan and shall submit copies of the official controls to the council within 30 days following adoption thereof, for information purposes only.
Subd. 2.
No conflict with plans.
A local governmental unit shall not adopt any official control or fiscal device which is in conflict with its comprehensive plan or which permits activity in conflict with metropolitan system plans.
Subd. 3.
Amendments.
If an official control conflicts with a comprehensive plan as the result of an amendment to the plan, the official control shall be amended by the unit within nine months following the amendment to the plan so as to not conflict with the amended comprehensive plan.
473.866 CONTESTED CASES; ADMINISTRATIVE AND JUDICIAL REVIEW.
The council's decision to require modification under section 473.175 may be contested by the affected local governmental unit. The unit shall have 60 days within which to request a hearing on the council's decision to require modification. If within 60 days the unit has not requested a hearing, the council shall make its final decision with respect to the required modifications. If an affected unit requests a hearing, the request for hearing shall be granted, and the hearing shall be conducted within 60 days by the state Office of Administrative Hearings in the manner provided by chapter 14 for contested cases. The 60-day period within which the hearing shall be conducted may be extended by mutual agreement of the council and the affected local governmental unit. The subject of the hearing shall not extend to questions concerning the need for or reasonableness of the metropolitan system plans or any part thereof. In the report of the administrative law judge the costs of the hearing shall be apportioned among the parties to the proceeding. Within 30 days after the receipt of the report the council shall, by resolution containing findings of fact and conclusions, make a final decision with respect to the required modifications of the comprehensive plan. Any party to the proceeding aggrieved by the decision of the council may appeal to the court in the manner provided in chapter 14 for contested cases. The record on appeal shall consist of: (1) the administrative law judge's record and report, and (2) the findings, conclusions and final decision of the council. The scope of review shall be that of section 14.69, provided that: (1) the court shall not give preference to either the administrative law judge's record and report or the findings, conclusions and final decision of the council, and (2) the decision of the court shall be based upon a preponderance of the evidence as contained in the record on appeal. The costs of the appeal shall be apportioned by the court.
473.867 PLANNING ASSISTANCE; GRANTS; LOANS.
Subdivision 1.
Advisory materials, models, assistance.
The council shall prepare and provide advisory materials, model plan provisions and official controls, and on the request of a local governmental unit may provide assistance, to accomplish the purposes of sections 462.355, 473.175, and 473.851 to 473.871. The council may also provide specific technical and legal assistance in connection with the preparation, adoption and defense of plans, programs, and controls.
Subd. 2.
Planning assistance fund.
The council may establish a planning assistance fund as a separate bookkeeping account in its general fund for the purpose of making grants and loans to local governmental units under this section. The council shall adopt uniform procedures for the award, disbursement and repayment of grants and loans.
Subd. 3.
Loans, grants.
Local governmental units may apply, contract for and receive loans and grants as provided herein, and the provisions of chapter 475 shall not apply to loans made pursuant hereto. Applications for grants and loans shall be submitted to the council describing the activities for which the grant or loan funds will be used; the persons which the grantee or borrower plans to use in performing the grant contract; services and activities which will be paid for by funds of the grantee or borrower; the grantee or borrower's need and ability to pay for the contract services; and other information as the council may reasonably request. Grants and loans shall be made subject to contracts between the council and the recipient specifying the use and disbursement of the funds and, for loans, the terms and conditions of repayment, and other appropriate matters. In making grants and loans, the council shall base its decisions on the recipient's demonstrated need and available financial resources.
Subd. 5.
Loan terms.
Loans made by the council shall be payable on such terms and conditions as the council determines appropriate, provided that no loan shall carry an interest rate nor be for a term in excess of five years. Funds received in payment of loans shall be credited to the planning assistance fund and shall be used for additional loans or grants under this section.
Subd. 6.
Assistance for plan updates.
The council shall give priority for the use of loan and grant funds available under this section to local governmental units for review and amendment of local comprehensive plans and fiscal devices and official controls, as required by section 473.864, subdivision 2. The council shall consult with affected local government units to evaluate the need for technical and financial assistance.
473.869 EXTENSION.
A local governmental unit may by resolution request that the council extend the time for fulfilling the requirements of sections 462.355, subdivision 1a, 473.175, and 473.851 to 473.871. A request for extension shall be accompanied by a description of the activities previously undertaken by a local governmental unit in fulfillment of the requirements of sections 462.355, 473.175, and 473.851 to 473.871, and an explanation of the reasons necessitating and justifying the request. Upon a finding of exceptional circumstances or undue hardship, the council may, in its discretion, grant by resolution a request for extension and may attach reasonable requirements or conditions to the extension.
473.87 LEVY FOR INCREASED COSTS.
The increased costs to a municipality of implementing sections 473.175; 473.858, subdivisions 1 to 3; 473.859 to 473.862; and 473.866 shall be deemed a levy and the proceeds of any tax levied under this section shall be deposited in the municipal treasury in a separate fund and expended only for the purposes authorized by this section.
473.871 NEW MUNICIPAL SEWER SYSTEMS.
Notwithstanding the provisions of sections 462.355, 473.175, and 473.851 to 473.871 the council shall have no authority under this chapter to require a local governmental unit to construct a new sewer system.
473.915 PROCUREMENTS.
All proposed Metropolitan Council procurements over $125,000,000 must be reviewed by the members of the Legislative Advisory Commission under section 3.30 and the ranking minority members of the house of representatives and senate committees or divisions responsible for overseeing the items subject to the proposed procurement. The chair of the Metropolitan Council shall give notice to the Legislative Advisory Commission secretary when a procurement over $125,000,000 is being considered. The commission shall take testimony on the procurements.
473F.02 DEFINITIONS.
Subd. 21.
Metropolitan Council.
"Metropolitan Council" or "council" means the Metropolitan Council created by section 473.123.
473F.08 NET TAX CAPACITY.
Subd. 3b.
Livable communities fund.
(a) The Hennepin County auditor shall certify the city of Bloomington's interest payments for 1987 for the bonds which were sold for highway improvements pursuant to Laws 1986, chapter 391, section 2, paragraph (g), and which were certified as an addition to the city of Bloomington's areawide levy for taxes payable in 1988.
(b) For taxes payable in 1996 through taxes payable in 1999, the Hennepin County auditor shall certify the amount calculated by subtracting the amount certified under subdivision 3a from the amount in paragraph (a). For taxes payable in 2000 and subsequent years, the Hennepin County auditor shall certify the amount calculated in paragraph (a).
(c) The Metropolitan Council may annually certify to the Ramsey County auditor the amount calculated under paragraph (b), or a lesser amount, but not to exceed $5,000,000, to be used to provide funds for the cleanup of polluted lands in the metropolitan area.
(d) The amount certified under paragraph (c) shall be certified annually by the Ramsey County auditor to the administrative auditor as an addition to the Metropolitan Council's areawide levy under subdivision 5.
473H.02 DEFINITIONS.
Subd. 7.
Long-term agricultural land.
"Long-term agricultural land" means land in the metropolitan area designated for agricultural use in local or county comprehensive plans adopted and reviewed pursuant to sections 473.175, and 473.851 to 473.871, and which has been zoned specifically for agricultural use permitting a maximum residential density of not more than one unit per quarter/quarter.
Subd. 8.
Metropolitan area.
"Metropolitan area" has the meaning given it in section 473.121, subdivision 2.
473J.25 METROPOLITAN SPORTS FACILITIES COMMISSION ASSETS; LIABILITIES TO AUTHORITY.
Subd. 5.
Conforming changes.
The Metropolitan Sports Facilities Commission shall submit a technical bill to the 2013 legislature making any cross-reference, grammatical, or other conforming changes necessary as a result of Laws 2012, chapter 299. This bill shall be submitted by February 12, 2013.
Repealed Minnesota Rule: 22-05812
5800.0010 PURPOSE.
Minnesota Statutes, section 473.173, requires that the Metropolitan Council adopt and put into effect rules establishing standards, guidelines, and procedures for determining whether any proposed project is of metropolitan significance. This chapter will be used in the review of all such projects. The purpose of this chapter is to assure that the total effect of a proposed project alleged to be of metropolitan significance is considered and the orderly and economic development of the area is promoted. It is not the council's intent to use this chapter to stop development, but rather to work out differences among parties and arrive at consensus.
5800.0020 DEFINITIONS.
Subp. 2.
Adjacent governmental unit.
"Adjacent governmental unit" means all local governmental units and independent commissions whose jurisdiction includes or adjoins, in whole or in part, that of the governmental unit(s) in which the proposed project is located.
Subp. 3.
Affected governmental unit, state agency, or metropolitan agency.
"Affected governmental unit," "state agency," or "metropolitan agency" means all local governmental units, independent commissions, and state or metropolitan agencies whose legal rights, duties, or privileges may be substantially affected by a proposed project.
Subp. 4.
Bad faith.
"Bad faith" means a conscious and willful decision to act in a manner intending to mislead, deceive, or distort the truth, including but not limited to making a claim which one knows to be groundless or unfounded.
Subp. 6.
Commercial-agricultural area.
"Commercial-agricultural area" means those lands certified by local governments as eligible for agricultural preserves under the Agricultural Preserves Act, Minnesota Statutes, sections 473H.01 to 473H.18.
Subp. 7.
Comprehensive plan or local comprehensive plan.
"Comprehensive plan" or "local comprehensive plan" means a comprehensive plan of a local governmental unit as required by the Metropolitan Land Planning Act, Minnesota Statutes, sections 473.851 to 473.871.
Subp. 8.
Comprehensive sewer plan.
"Comprehensive sewer plan" means a plan required by the Metropolitan Waste Control Commission which describes the collection, treatment, and disposal of all sanitary sewage, including the installation, operation, and maintenance of on-site sewage disposal facilities.
Subp. 9.
Independent commission, board, or agency.
"Independent commission," "board," or "agency" means governmental entities with jurisdictions lying in whole or in part within the metropolitan area, including independent or special school districts whose administrative offices were located within the metropolitan area as of April 15, 1976, but not including the metropolitan agencies.
Subp. 10.
Land Use Advisory Committee or advisory committee.
"Land Use Advisory Committee" or "advisory committee" means an advisory committee established by the Metropolitan Council pursuant to Minnesota Statutes, section 473.853.
Subp. 11.
Local governmental unit or unit.
"Local governmental unit" or "unit" means any city, town, county, school district, special district, or other political subdivision or public corporation, other than a metropolitan agency, lying in whole or part within the metropolitan area.
Subp. 13.
Metropolitan agency.
"Metropolitan agency" means the Metropolitan Waste Control Commission, the Regional Transit Board, the Metropolitan Transit Commission, and other agencies as the legislature may designate.
Subp. 14.
Metropolitan area.
"Metropolitan area" means the area over which the Metropolitan Council has jurisdiction, including only the counties of Anoka, Carver, Dakota excluding the city of Northfield, Hennepin excluding the city of Hanover, Ramsey, Scott excluding the city of New Prague, and Washington.
Subp. 15.
Metropolitan Council or council.
"Metropolitan Council" or "council" means the Metropolitan Council established by Minnesota Statutes, section 473.123.
Subp. 16.
Metropolitan Development Guide.
"Metropolitan Development Guide" means the comprehensive development guide prepared by the council to achieve the orderly and economic development of the metropolitan area.
Subp. 17.
Metropolitan highway.
"Metropolitan highway" means those highways identified in the Transportation Guide/Policy Plan to serve the region. They include both interstate freeways and major arterials.
Subp. 18.
Metropolitan system.
"Metropolitan system" means the regional airport, transportation, sewer, recreation open space, and solid waste facilities and plans for facilities outlined in the Metropolitan Development Guide.
Subp. 19.
Metropolitan significance review or significance review.
"Metropolitan significance review" or "significance review" means a review conducted by the Metropolitan Council according to this chapter.
Subp. 20.
Party.
"Party" means the requester, sponsor, and local governmental unit(s) in which the proposed project is located and any person whose legal rights, duties, or privileges may be substantially affected by a significance review who is admitted as a party by the significance review committee, administrative law judge, or council. The council will not be a party to a significance review except when it initiates the review.
Subp. 21.
Person.
"Person" means any individual, association, trust, partnership, joint venture, public or private corporation, metropolitan agency, local governmental unit, independent commission, state agency, government or governmental subdivision, unit, or agency other than a court of law.
Subp. 22.
Petition.
"Petition" means a document containing signatures submitted to the council according to the procedures for initiation of a significance review, which contains, at the time that the signatures are added, a description of what the petition is for, a reference to the metropolitan significance rules, and a brief summary of the reason for the petition.
Subp. 23.
Phased proposed project.
"Phased proposed project" means a proposed project which is divided into separate stages or segments, one or more of which may be of metropolitan significance.
Subp. 24.
Policy plan or guide chapter.
"Policy plan" or "guide chapter" means the Metropolitan Development Guide chapter adopted pursuant to Minnesota Statutes, section 473.145, the policy plans for metropolitan agencies adopted pursuant to Minnesota Statutes, section 473.146, the Recreation Open Space Development Guide/Policy Plan, adopted pursuant to Minnesota Statutes, section 473.147, the Solid Waste Management Development Guide/Policy Plan, adopted pursuant to Minnesota Statutes, section 473.149, and amendments to any of these plans. These plans or chapters are incorporated by reference in this chapter. They are available through the Minitex interlibrary loan system and subject to frequent change. The policy plans or guide chapters referenced in any metropolitan significance review will be those in effect at the time the review is initiated.
Subp. 25.
Proposed project.
"Proposed project" means a project or action involving the construction, installation, establishment, siting, demolition, reconstruction, or improvement of any structure or facility, or the subdivision or drilling, extraction, clearing, excavation, or other alteration of any lands or waters, planned or proposed to be undertaken, in whole or in part within the metropolitan area, by any person.
Subp. 26.
Public agency.
"Public agency" means a local governmental unit, metropolitan agency, independent commission, state agency, or any government or governmental subdivision, unit, or agency other than a court of law.
Subp. 27.
Publicly subsidized; public subsidy.
"Publicly subsidized" means a direct expenditure or in kind contribution by a state, regional, or local governmental unit to a private project (one that is not publicly financed) for any purpose for which the governmental unit is not reimbursed; or a long-term loan by a state, regional, or local governmental unit to a private project. Public subsidy is determined by how the funds are used and not by the source of the revenues provided. Public subsidy includes, but is not limited to, the purposes in items A to E.
A.
Construction of utility improvements without special assessment to the benefited properties of 20 percent or more of the total collective cost of the improvement.
B.
Acquisition of property and site development, including demolition, clearance, and relocation together with transfer of title to the property to a private party at a price below the actual costs of acquisition and development.
C.
Construction of private, on-site improvements including drainage facilities, site grading, parking, lighting, landscaping, and related improvements.
D.
Construction or payment for construction of buildings to be used by one or more private parties for commercial or industrial purposes. Construction may include parking facilities, foundations, building construction, interior furnishings, equipment, and related costs.
E.
Construction or reconstruction of a county state aid or state trunk highway improvement that is determined necessary to serve increased traffic from a major private project. Highway improvements may include roadway upgrading, bridges, overpasses, entrance and exit roadway improvements, and other improvements.
Public subsidy does not include land sold at market value but below the local governmental unit's cost of acquiring and preparing the land for sale.
Subp. 28.
Publicly financed facility.
"Publicly financed facility" means a facility where a governmental jurisdiction has an ongoing obligation to pay operating costs or debt service for the facility or the ultimate responsibility to pay off bonds should other revenue sources fail.
Subp. 29.
Requester.
"Requester" means any person requesting the initiation of a metropolitan significance review.
Subp. 30.
Review period.
"Review period" means the 90-day period for a metropolitan significance review which begins on the effective date of an order to commence a significance review and automatically terminates on the 90th day following unless a suspension or extension of the review period is authorized under part 5800.0100, subpart 1 or 5800.0140, subparts 4 and 6.
Subp. 31.
Service or serve.
"Service" or "serve" means personal service or service by first class United States mail, postage prepaid and addressed to the person or party at the last known address of the person or party. Service by mail will be complete upon the placing of the item to be served in the mail.
Subp. 32.
Sewer policy plan.
"Sewer policy plan" means a component of the local comprehensive plan which describes the areas to be sewered with public facilities and a schedule for providing service to them, existing flows and flow projections for the public sewer system, standards and conditions for the installation of private systems, and areas not suitable for public or private systems.
Subp. 33.
Sponsor.
"Sponsor" means any person proposing to undertake or develop a proposed project.
Subp. 34.
State agency.
"State agency" means the state of Minnesota or any agency, board, commission, department, or educational institution of the state.
Subp. 35.
Substantial.
"Substantial" is a relative term. It imports a considerable amount or value in opposition to that which is inconsequential or small, something serious as opposed to trivial, something essential, material, or fundamental.
5800.0030 STANDARDS FOR REVIEW.
Unless a proposed project is exempt, the chair of the Metropolitan Council must issue a preliminary finding of metropolitan significance if a proposed project may cause any of the effects listed in part 5800.0040. The same criteria will be used by the council when it makes the final determination of metropolitan significance following the council review process. A proposed project may be found to be of metropolitan significance only if it meets one or more of these criteria.
5800.0040 CRITERIA TO FIND METROPOLITAN SIGNIFICANCE.
Subpart 1.
Generally.
For the purposes of parts 5800.0070 and 5800.0130, a proposed project listed in subparts 2 to 4 has metropolitan significance if the requirements of the applicable subpart are met.
Subp. 2.
Proposed project affecting a metropolitan system.
A proposed project affecting a metropolitan system has metropolitan significance if it:
A.
May result in a substantial change in the timing, staging, and capacity or service area of local facilities in a council-approved local sewer policy plan or comprehensive sewer plan.
B.
May result in a wastewater flow that substantially exceeds the flow projection for the local governmental unit as indicated in the Water Resources Management Development Guide/Policy Plan, Part 1. Sewage Treatment and Handling.
C.
May require a new national pollution discharge elimination system permit or state disposal system permit or a substantial change to an existing permit.
D.
May result in substantially less restrictive standards and conditions to be adopted for the installation or management of private on-site sewer facilities than those described in the comprehensive plan.
E.
May have a substantial impact on the use of regional recreation and open space facilities or natural resources within the regional recreation open space system. Impacts on the use of recreation and open space facilities include but are not limited to traffic, safety, noise, visual obstructions (for example, to scenic overlooks), impaired use of the facilities, or interference with the operation or maintenance of the facilities. Impacts on natural resources include but are not limited to the impact on the level, flow, or quality of a facility's water resources (lakes, streams, wetlands) and impact on a facility's wildlife populations or habitats (migration routes, breeding sites, plant communities).
F.
May preclude or substantially limit the future acquisition of land in an area identified in the capital improvement program of the council's Recreation Open Space Development Guide/Policy Plan.
G.
May substantially affect either the function of a metropolitan airport identified in the council's Aviation Development Guide/Policy Plan or the land use within an airport search area.
H.
Is substantially inconsistent with the "Guidelines for Land Use Compatibility with Aircraft Noise" contained in the Aviation Development Guide/Policy Plan.
I.
May result in a substantial change to existing or proposed metropolitan highways, highway interchanges, or intersections with metropolitan highways, or to local roadways that have interchanges with metropolitan highways. Substantial changes to the mainline, interchanges, and intersections include an increase in volume that will overload the facility, or a difference in timing, design, or location from that indicated in the Transportation Guide/Policy Plan. Changes to local roadways include changes in timing, staging, volume, capacity, design, location, or functional classification.
J.
May result in a substantial change in transit service or facilities inconsistent with the Transportation Guide/Policy Plan.
K.
May have a substantial impact on the use of solid waste facilities identified in the Solid Waste Management Development Guide/Policy Plan. Impacts on the use of these facilities include, but are not limited to, disruption of planned facility staging, facility access, or other interference with the operation and maintenance of the facilities.
Subp. 3.
Proposed publicly subsidized project.
A proposed publicly subsidized project has metropolitan significance if it may threaten a publicly financed facility.
Subp. 4.
Proposed project affecting a local governmental unit.
A proposed project affecting a local governmental unit has metropolitan significance if it:
A.
May have a substantial physical effect on a local governmental unit other than the local unit in which the proposed project is located. More specifically, a proposed project may be of metropolitan significance if it adversely affects existing or proposed land use or development in another local government with respect to traffic, storm water runoff, groundwater pollution, air or noise pollution, increased security needs (police, fire) or other similar impacts.
B.
May result in the substantial disruption of agricultural use in the commercial-agricultural area of a local governmental unit other than the local unit in which the proposed project is located.
5800.0050 EXEMPT PROJECTS.
Subpart 1.
Generally.
The chair will not commence a metropolitan significance review if a proposed project falls in one or more of the exempt categories in subparts 2 to 5.
Subp. 2.
Local comprehensive plan exemption.
A proposed project that is consistent with a council-approved local comprehensive plan is exempt from review for metropolitan system effects. The council shall determine whether a proposed project is consistent for system effects with the local plan.
Subp. 3.
Previous approval.
Any proposed project of a metropolitan agency or the Metropolitan Airports Commission which is within an area of that agency's operational authority or which has been or will be subject to approval by the council as part of a regional policy plan; any proposed project which has been previously approved by the council in accordance with Minnesota Statutes, section 473.167; or any proposed project for which a final determination has been made in a metropolitan significance review is exempt from review unless the proposed project has been materially altered subsequent to the final determination.
Subp. 4.
Emergency project.
Any proposed project which must be immediately undertaken to prevent or mitigate an emergency is exempt from review. The following standards will form the basis for determining if an emergency exists:
Subp. 5.
Minor alterations.
Any proposed project consisting exclusively of administrative or maintenance activity or a negligible improvement, expansion, or change of use or use intensity is exempt from review.
Subp. 6.
Lapse of time; vested rights.
Any proposed project for which 30 days have elapsed since a negative declaration on an Environmental Assessment Worksheet as described in part 4410.1700, or a determination of adequacy on an Environmental Impact Statement as described in part 4400.2800, or in the event no environmental review is required, any proposed project for which 30 days have elapsed since a local governmental unit has approved a plan amendment or rezoning to accommodate the proposed project is exempt from review. A metropolitan significance review cannot be initiated on any proposed project where a sponsor has vested rights.
5800.0060 INITIATION OF REVIEW.
Subpart 1.
By requesters.
A metropolitan significance review may be requested by:
B.
a resolution from an affected local governmental unit, school district, or other independent commission;
C.
a petition signed by the smaller of the following: at least 5,000 residents of the metropolitan area 18 years of age or older, or that number of residents 18 years of age or older of an affected local governmental unit which equals or exceeds 50 percent of the number of persons who voted in that affected governmental unit during the most recently held state general election. The petition must designate at least one and no more than three persons to act as requesters on behalf of the petitioner;
D.
a resolution or letter from a duly authorized executive officer or governing body of state agency;
E.
a resolution or letter from a duly authorized executive officer or governing body of a sponsor; or
Subp. 2.
By council.
The council may review proposed projects of metropolitan significance regardless of whether the council has received a request to initiate a review.
Subp. 3.
Information submission.
A request for review under subpart 1 must be accompanied by an information submission. The purpose of the information submission is to demonstrate an arguable claim of metropolitan significance. An information submission must contain the following:
A.
the names and addresses of the requester, the sponsor, and the governmental unit(s) in which the proposed project is located;
B.
a description of the proposed project including its planned character, location, function, use, and size;
C.
a statement of the criteria contained in the appropriate subpart of part 5800.0040 which cause the proposed project to be of metropolitan significance, and a discussion of why it is not exempt; and
D.
a statement of the effect the proposed project will have on metropolitan systems or existing or planned land use or development, or if publicly subsidized, the effects on a publicly financed facility, including the facts and opinion upon which the statement is based.
5800.0070 PRELIMINARY FINDING OF METROPOLITAN SIGNIFICANCE.
Subpart 1.
Review of information submission.
Upon receipt of a request accompanied by an information submission, the chair must within ten working days examine the materials and make a preliminary finding of metropolitan significance based on the following requirements:
C.
the information submission arguably demonstrates that a metropolitan system or existing or planned land use or development will be affected by the proposed project or that a publicly subsidized project has an effect on a publicly financed facility; and
D.
the proposed project is not exempt.
After receiving a request to commence a metropolitan significance review, but before making a preliminary finding of metropolitan significance, the chair may meet with any of the parties and may request additional information.
Subp. 2.
Scoping of issues.
In the preliminary finding, the chair will identify which of the issues raised in the information submission are legitimate for significance review and specify any other issues which should be included in the significance review. Only these issues will be included in the scope of review at the public hearing, unless the significance review committee gives at least seven days notice before the public hearing to all parties that additional issues will be added to the scope of review. A description of the issues will be included with the notice.
5800.0080 COMMENCEMENT AND DETERMINATION NOT TO COMMENCE.
Subpart 1.
Council initiation.
A significance review initiated by the council will commence on the day the council adopts an order to commence a significance review.
Subp. 2.
Initiation by requesters.
If the chair determines that the request complies with and satisfies the requirements of part 5800.0060, the chair will commence the significance review by issuing an order for commencement effective as of the date of the order. The order will include the chair's preliminary finding of metropolitan significance. If the chair decides not to commence a significance review, the chair must immediately inform the parties of the determination and basis for it.
Subp. 3.
Appeal.
Person(s) requesting a review, the governmental unit(s) in which the proposed project is located, and the sponsor may appeal the chair's decision not to commence the significance review to the council by submitting a written request within seven days following notification of the chair's determination. The council must review this request at a public hearing and either direct the issuance of an order for commencement or affirm the chair's decision.
Subp. 4.
Notice of commencement of significance review.
The council must serve notice of the commencement of a significance review on all parties, adjacent governmental units, metropolitan agencies, and the Land Use Advisory Committee within five days following the determination to commence a review. The notice will contain the order for commencement, the information submission or a summary of the submission, an order to the sponsor to suspend action on the proposed project, and a schedule for the metropolitan significance review. Notice that the significance review has been commenced will be published in the next following issue of the council bulletin, as described in Minnesota Statutes, section 473.247.
Subp. 5.
Review period.
The council will complete a metropolitan significance review within 90 days following commencement unless suspended or extended under part 5800.0100, subpart 1, or 5800.0140, subparts 4 and 6.
Subp. 6.
Implementation hold during review period.
Upon commencement of a metropolitan significance review, no person will commence site alteration on a proposed project until the council's issuance of a final determination concerning the proposed project or the expiration of the significance review period, whichever occurs first.
5800.0090 SIGNIFICANCE REVIEW COMMITTEE.
Immediately following the commencement of a significance review, the chair will appoint a significance review committee composed of no more than seven or fewer than three individuals all of whom are members of the council or the Land Use Advisory Committee. The chair will appoint at least one council member and one Land Use Advisory Committee member to all significance review committees and will designate one of the review committee members to be the chair of the committee.
5800.0100 REVIEW ALTERNATIVES.
Subpart 1.
Mediation.
The chair may determine that the proposed project under review is more suited to mediation than to a formal public hearing process and may suspend the metropolitan significance review for up to 30 days to bring the parties together to resolve differences. The resolution of these differences will be outlined in a written agreement. The agreement must be signed by all parties and must be accepted by the council. If the parties do not reach agreement within the suspension period, the significance review will resume. Any party may appeal the chair's decision to use mediation by submitting a written request to the council within seven days following the chair's decision. The council must review this request and either direct use of the public hearing process or affirm the chair's decision.
Subp. 2.
Public hearing process.
Unless mediation resolves the differences among the parties, the significance review will include a formal public hearing.
Subp. 3.
Use of an administrative law judge.
At any time before beginning the public hearing, the significance review committee may decide to use an administrative law judge appointed by the Office of Administrative Hearings for conducting the public hearing. A hearing held by an administrative law judge will be conducted in accordance with the rules of the Office of Administrative Hearings for contested cases, parts 1400.5010 to 1400.8400, to the extent those rules are not inconsistent with the time periods and procedures specified in this chapter. The report of the administrative law judge appointed by the significance review committee will be transmitted to the review committee. The committee will review the report and may use it as a basis for developing committee findings and recommendations. Any party may make a request for delegation of responsibility to an administrative law judge.
Subp. 4.
Phased proposed project.
When undertaking a significance review of a phased proposed project, the council may consider the total project or any separate independently viable stage. In determining independent viability, the council will consider whether a particular stage is viable without subsequent development, the interrelationship between the stage and subsequent development and whether the stage would foreclose the option of making modifications to mitigate metropolitan system effects. Any significance review of a separate stage will not preclude subsequent significance review of other stages.
5800.0110 STEPS IN HEARING PROCESS.
Subpart 1.
Preliminary statement.
Within 30 days after the review is commenced, the sponsor, the requester, and the governmental unit in which the proposed project is located must submit to the significance review committee or administrative law judge a preliminary statement containing information, facts, and opinions regarding the following:
B.
the significance and effect of the proposed project on metropolitan systems or on local governments or, if publicly subsidized, the effects on a publicly financed facility; and
C.
the appropriate remedy.
In addition, the sponsor must indicate all other governmental reviews and approvals required in connection with the proposed project, and their current status.
Subp. 2.
Submissions.
The sponsor and the local governmental unit within which the proposed project is located must submit the following to the significance review committee or administrative law judge:
A.
copies of any information given by the sponsor to any local governmental unit required to approve the proposed project; and
B.
a copy of the findings, report, or determination made by the local government on the proposed project.
Subp. 3.
Participation by nonparties.
The significance review committee will decide the manner and extent of participation by persons other than the parties.
Subp. 4.
Significance review report.
At least ten days before the public hearing conducted by the significance review committee or the administrative law judge, council staff will prepare a written report on the proposed project. This report will not contain any findings or recommendations about the metropolitan significance of the proposed project. The report will be sent to all parties and made available to the public. Parties may submit statements about the report to the significance review committee at any time before the close of the record of the public hearing. The report will contain:
A.
a listing, including sources, of all information submitted to the committee or to the administrative law judge;
D.
a summary of the issues presented in each of the preliminary statements, including any disagreements regarding facts of the proposed project.
Subp. 5.
Council information.
The council may enter information related to the review of the proposed project into the record of the public hearing. This material and its authors will be subject to examination at the public hearing.
Subp. 6.
Additional information.
On its own initiative or at the request of a party, the significance review committee may request additional information from any party before the close of the public hearing. If a party does not reasonably comply with a request, the significance review committee may order that the subject matter of the information to be produced be considered established for purposes of the significance review in accordance with the claims of the party requesting the information or refuse to allow the party failing to produce the information to support or oppose designated claims or prohibit the party from introducing the designated information into the hearing record.
Subp. 7.
Public hearing.
The significance review committee or an administrative law judge appointed by the committee must hold at least one public hearing on the proposed project. Notice of this public hearing must be published in the council bulletin and served on all parties at least 15 days prior to the hearing. The public hearing must be conducted in a manner designed to protect the rights of all persons and parties and to ensure fundamental fairness. Public hearings conducted by an administrative law judge will be governed by parts 1400.5010 to 1400.8400. Public hearings conducted by the significance review committee will be conducted according to the council's hearing procedures as contained in Procedures for Adopting or Amending a Chapter of the Metropolitan Development Guide. This publication is incorporated by reference in this chapter. It is available through the Minitex interlibrary loan system and subject to frequent change.
5800.0120 COMMITTEE REPORT TO COUNCIL.
Following the public hearing and the receipt of the report of the administrative law judge, if any, the significance review committee must adopt a committee report with findings of fact, conclusions, and recommendations to the Metropolitan Council.
The committee's report will be based on information submitted before the close of the record of the public hearing. Committee members may use their experience, technical competence, and specialized knowledge in the evaluation of this information. In addition, the report may include comments on the consistency of the proposed project with council plans and policies.
The findings of fact, conclusions, and recommendations of the significance review committee will be served on all parties and immediately transmitted to the council. All information and material considered by the significance review committee will be made available to council members.
5800.0130 COUNCIL DETERMINATION.
Subpart 1.
Consideration of findings of fact, conclusions, and recommendations.
The council will consider the committee report and all information submitted before the close of the record of the public hearing in making a final determination on the proposed project. The council may hold additional meetings to consider the proposed project or direct the significance review committee to conduct further specific significance review activity.
Subp. 2.
Metropolitan Council final determination.
The council, after review and consideration of the metropolitan significance review committee's report, must adopt a final determination including findings of fact, conclusions, and recommendations with regard to the metropolitan significance of the proposed project. The council must find that the proposed project is or is not of metropolitan significance, based on the conclusion that it does or does not cause one or more of the effects contained in the appropriate subpart in part 5800.0040. The council may also comment on the consistency of the proposed project with other council plans and policies. Lack of consistency with council plans and policies other than those listed in part 5800.0040 will not constitute a basis for a determination of metropolitan significance.
Subp. 3.
Proposed projects of metropolitan significance.
Upon a determination of metropolitan significance, the final determination also must indicate:
A.
whether an amendment to a regional policy plan would eliminate the determination of metropolitan significance and further, whether the council intends to initiate an amendment to the affected policy plan to achieve consistency between its plan and the proposed project; or
B.
whether the proposed project should be suspended for up to one year from the date of final determination. If the council orders a suspension, the order may contain conditions or modifications to the proposed project which, if complied with, would cause the council to eliminate the suspension; or
C.
without ordering a suspension, how the proposed project could be modified to eliminate the determination of metropolitan significance.
Subp. 4.
Notice to parties.
Copies of the council determination will be served on all parties within seven days following its adoption.
Subp. 5.
Elimination of suspension.
The sponsor of any proposed project suspended by the council with conditions or modifications may request removal of the suspension based on meeting the conditions of the suspension. Upon receipt of a request for removal of the suspension, the council will hold a public hearing to consider the request. Parties to the significance review will be notified at least 15 days before the public hearing on the removal and given an opportunity to speak at the hearing concerning compliance with the conditions of suspension.
5800.0140 PROCEDURAL OPTIONS.
Subpart 1.
Bad faith.
The council may dismiss with prejudice any significance review which it finds has been initiated in bad faith. This determination will not be made without allowing the parties to hear, rebut, and present evidence regarding the dismissal.
Subp. 2.
Withdrawal of review.
At any time during the conduct of a significance review, the requester or sponsor may request that the council withdraw the proposed project from significance review, setting forth the reasons for the request. If all the parties agree, the council may grant the request and allow a proposed project to be withdrawn from review.
Subp. 3.
Settlement.
The parties to a significance review may execute a settlement agreement with regard to the proposed project at any time before the issuance of a final determination. The agreement must be in writing, signed by all parties, and will be subject to acceptance or rejection by the council.
Subp. 4.
Suspension.
The council may suspend a significance review for not more than 90 days to allow the council to review a plan amendment for the proposed project under the provisions of the Metropolitan Land Planning Act. The council also may suspend a significance review for not more than 90 days to await the decision of a public agency whose authorization is required for the proposed project to proceed. In the event that the agency denies authorization for the proposed project, the council may dismiss the metropolitan significance review.
The sponsor and the requester may agree to suspend any of the time periods specified for a significance review. The agreement must be approved by the significance review committee. If the council initiates a significance review, the council and the sponsor may agree to suspend any of the time periods.
The council may suspend a significance review to await the submission of adequate supporting information.
Subp. 5.
Review coordination.
When appropriate, the council will coordinate the significance review with other reviews, such as the environmental review process.
Subp. 6.
Extension.
At any time before the council determination, the significance review committee and the parties may agree to extend the review period in order to collect more information. The time extension must be specified in a written agreement between the committee and the parties. The council, acting on its own initiative, also may extend the time period of a significance review to await the submission of adequate supporting information.
5800.0150 JUDICIAL REVIEW.
A final determination adopted by the council and a determination by the council not to commence a significance review constitute final decisions by the council for purposes of judicial review.