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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1986 

                        CHAPTER 460-H.F.No. 1860 
           An act relating to metropolitan government; defining 
          metropolitan agency; providing for appointments, 
          administration, reports, and duties of metropolitan 
          agencies; recodifying certain provisions; amending 
          Minnesota Statutes 1984, sections 473.121, 
          subdivisions 6 and 11, and by adding a subdivision; 
          473.123, subdivisions 2a, 3, and 3a; 473.141, 
          subdivisions 1, 2, 3, 4, and 4a; 473.146, subdivisions 
          1, 2, and 3; 473.149, subdivision 3; 473.161; 473.163, 
          subdivisions 1 and 2; 473.171, subdivisions 1 and 2; 
          473.173, subdivisions 3 and 4; 473.194; 473.195, 
          subdivision 4; 473.199; 473.201, subdivision 2; 
          473.245; 473.249, subdivision 1; 473.303, subdivisions 
          2, 4a, and 6; 473.373, subdivision 1; 473.377, 
          subdivision 1; 473.409; 473.516, subdivision 2; 
          473.523, subdivisions 1 and 2; 473.535; 473.553, 
          subdivision 4; 473.704, by adding a subdivision; 
          473.711, subdivision 4; 473.811, subdivision 7; 
          473.823, subdivision 3; 473.852, subdivision 8; 
          Minnesota Statutes 1985 Supplement, sections 473.167, 
          subdivision 3; 473.373, subdivision 4; 473.38, 
          subdivision 2; and 473.39, subdivisions 1 and 1a; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 473; repealing Minnesota Statutes 1984, 
          sections 473.01 to 473.11; 473.121, subdivisions 7 and 
          9; 473.128; 473.163, subdivisions 3 and 4; 473.193; 
          473.203; 473.215 to 473.219; 473.373, subdivision 3; 
          473.377, subdivisions 2 and 3; 473.38, subdivision 1; 
          473.502; 473.523, subdivision 3; and 473.802.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 473.121, is 
amended by adding a subdivision to read: 
    Subd. 5a.  "Metropolitan agency" means the metropolitan 
parks and open space commission, regional transit board, 
metropolitan transit commission, metropolitan waste control 
commission, metropolitan airports commission, and metropolitan 
sports facilities commission. 
    Sec. 2.  Minnesota Statutes 1984, section 473.121, 
subdivision 6, is amended to read: 
    Subd. 6.  "Local governmental unit" means any county, city, 
town, school district, special district or other political 
subdivisions or public corporation, other than the council or a 
metropolitan commission agency, lying in whole or part within 
the metropolitan area. 
    Sec. 3.  Minnesota Statutes 1984, section 473.121, 
subdivision 11, is amended to read:  
    Subd. 11.  "Independent commission, board or agency" means 
governmental entities with jurisdictions lying in whole or in 
part within the metropolitan area but not including the 
metropolitan commissions referred to herein agencies that are 
subject to the requirements of section 473.161. 
    Sec. 4.  Minnesota Statutes 1984, section 473.123, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [TERMS.] Following each apportionment of council 
districts, as provided under subdivision 3a, the terms of 
council members shall commence on the effective date of that 
apportionment, must be appointed from newly drawn districts as 
provided in subdivision 3a.  The terms of members are as 
follows:  members representing even-numbered districts for terms 
ending the first Monday in January of the year ending in the 
numeral "7"; members representing odd-numbered districts for 
terms ending the first Monday in January of the year ending in 
the numeral "5."  Thereafter the term of each member is four 
years, with terms ending the first Monday in January, except 
that all terms expire on the effective date of the next 
apportionment.  A member shall continue to serve his 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. 
    Sec. 5.  Minnesota Statutes 1984, section 473.123, 
subdivision 3, is amended to read: 
    Subd. 3.  [MEMBERSHIP; APPOINTMENT; QUALIFICATIONS.] 
(a) The council shall be composed of 16 Sixteen members must be 
appointed by the governor from districts defined by this 
section.  The governor shall appoint members on a nonpartisan 
basis after consultation with all members of the legislature 
from the council district for which the member is to be 
appointed.  Appointments are subject to the advice and consent 
of the senate.  Each council member shall must reside in the 
council district which he represents.  Each council 
district shall 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 shall 
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. 
    Sec. 6.  Minnesota Statutes 1984, section 473.123, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [APPORTIONMENT.] 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 on the first Monday in 
January in the year ending in the numeral "3."  Within two 
months thereafter By the first Monday in March of that year, the 
governor shall appoint members from the newly drawn districts to 
serve terms as provided under subdivision 2a. 
    Sec. 7.  [473.13] [BUDGET, FINANCIAL AID.] 
    Subdivision 1.  [BUDGET.] On or before October 1 of each 
year the council, after a public hearing, shall adopt a budget 
covering its anticipated receipts and disbursements for the 
ensuing year and shall decide upon the total amount necessary to 
be raised from ad valorem tax levies to meet its budget.  After 
adoption of the budget and no later than October 1, the council 
shall certify to the auditor of each metropolitan county the 
county share of the tax, which must be an amount bearing the 
same proportion to the total levy agreed on by the council as 
the assessed valuation of the county bears to the assessed 
valuation of the metropolitan area.  The maximum amount of any 
levy made for the purpose of this chapter may not exceed the 
limits set by sections 473.167 and 473.249. 
    Subd. 2.  [COUNTY LEVIES.] The auditor of each metropolitan 
county shall add the amount of any levy made by the council 
within the limits imposed by subdivision 1 to other tax levies 
of the county for collection by the county treasurer with other 
taxes.  When collected the county treasurer shall make 
settlement of the taxes with the council in the same manner as 
other taxes are distributed to political subdivisions.  The levy 
authorized by this section is in addition to any other county 
taxes authorized by law.  
    Subd. 3.  [FINANCIAL AID.] The council may accept financial 
aid from governmental units within the metropolitan area, from 
the state or federal government, and from private donors, if the 
conditions under which it is offered are not incompatible with 
the provisions of this chapter.  
    Subd. 4.  [ACCOUNTS; AUDITS.] The council shall keep an 
accurate account of its receipts and disbursements.  
Disbursements of council money must be made by check, signed by 
the chair or vice chair of the council and countersigned by its 
director or assistant director after whatever auditing and 
approval of the expenditure may be provided by rules of the 
council.  The state auditor shall audit the books and accounts 
of the council once each year, or as often as funds and 
personnel of the state auditor permit.  The council shall pay to 
the state the total cost and expenses of the examination, 
including the salaries paid to the auditors while actually 
engaged in making the examination.  The revolving fund of the 
state auditor must be credited with all collections made for any 
examination.  
    Sec. 8.  Minnesota Statutes 1984, section 473.141, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL APPLICATION.] Metropolitan 
commissions shall be organized, structured and administered as 
prescribed in this section This section applies to metropolitan 
agencies as provided in the enabling law of each agency. 
    Sec. 9.  Minnesota Statutes 1984, section 473.141, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEMBERSHIP; APPOINTMENTS.] (a) Each commission 
shall consist agency consists of eight members, plus a chairman 
appointed as provided in subdivision 3.  The metropolitan 
council shall appoint the eight members on a nonpartisan basis 
after consultation with the members of the legislature from 
the commission district for which the member is to be 
appointed.  Appointments are subject to the advice and consent 
of the senate.  
    (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 council 
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 council shall establish an appointments committee, 
composed of members of the council, to screen and review 
candidates.  Following the submission of commission member 
applications to the metropolitan council as provided under 
section 15.0597, subdivision 5, the council appointments 
committee shall conduct one or more public hearings on the 
matter of the appointments for the commission districts 
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 council 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. 
    (c) (d) One member shall be appointed from each of the 
following commission agency districts: 
    (1) Commission district A, consisting of council districts 
1 and 2; 
    (2) Commission district B, consisting of council districts 
3 and 7; 
    (3) Commission district C, consisting of council districts 
4 and 5; 
    (4) Commission district D, consisting of council districts 
6 and 10; 
    (5) Commission district E, consisting of council districts 
8 and 9; 
    (6) Commission district F, consisting of council districts 
11 and 12; 
    (7) Commission district G, consisting of council districts 
13 and 14; and 
    (8) Commission district H, consisting of council districts 
15 and 16. 
    Sec. 10.  Minnesota Statutes 1984, section 473.141, 
subdivision 3, is amended to read: 
    Subd. 3.  [CHAIRMAN.] The chairman of each commission 
agency shall be appointed by the governor with the advice and 
consent of the senate and, shall be the ninth voting member of 
the commission and shall meet all qualifications established for 
members, except the chairman need only reside within the 
metropolitan area.  The council, by resolution after a public 
meeting on the subject, shall provide the governor with a list 
of nominees for the position.  Senate confirmation shall be is 
as provided by section 15.066.  The chairman shall preside at 
all meetings of the commission agency, if present, and shall 
perform all other duties and functions assigned to him by 
the commission agency or by law.  Each commission agency may 
appoint from among its members a vice-chairman to act for the 
chairman during his temporary absence or disability. 
    Sec. 11.  Minnesota Statutes 1984, section 473.141, 
subdivision 4, is amended to read: 
    Subd. 4.  [QUALIFICATIONS.] Each member shall be a resident 
of the commission district for which he is appointed and shall 
not during his term of office hold the office of metropolitan 
council member, or be a member of another 
metropolitan commission agency subject to this section, the 
metropolitan airports commission or the metropolitan sports 
facilities commission or hold any judicial office.  Each member 
shall qualify by taking and subscribing the oath of office 
prescribed by the Minnesota Constitution, Article 5, Section 5.  
Such oath, duly certified by the official administering the 
same, shall be filed with the executive director of the 
metropolitan council. 
    Sec. 12.  Minnesota Statutes 1984, section 473.141, 
subdivision 4a, is amended to read: 
    Subd. 4a.  [TERMS.] Following each apportionment of 
metropolitan council districts, as provided under section 
473.123, subdivision 3a, the terms of members and the chairman 
of each commission shall commence on the effective date of that 
apportionment, the metropolitan council, newly appointed as 
provided in section 473.123, subdivision 3a, shall appoint eight 
agency board members from newly drawn districts.  The terms of 
members and chairmen are as follows:  members 
representing commission districts A, B, C, and D, and the 
chairman of each 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 
chairman is four years, with terms ending the first Monday in 
January, except that all terms expire on the effective date of 
the next apportionment.  A chairman shall continue to serve 
until a successor is appointed and qualified.  A member shall 
continue to serve his commission district until a successor is 
appointed and qualified; except that, following each 
apportionment, the member shall continue to serve at large until 
the metropolitan council appointed pursuant to section 473.123, 
subdivision 3a appoints eight commission members as provided 
under subdivision 2, to serve terms as provided under this 
subdivision.  The appointments to the agency must be made by the 
first Monday in May of the year in which the term ends. 
    Sec. 13.  Minnesota Statutes 1984, section 473.146, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUIREMENT.] Within 12 months after April 
12, 1974, The council shall adopt after appropriate study and 
such public hearings as may be necessary, as a part of its 
development guide, a long-range comprehensive policy plans plan 
for each metropolitan commission and when adopted, the policy 
plans shall be followed by the council and the affected 
commissions agency required to prepare an implementation plan 
under section 473.161.  The plans shall must substantially 
conform to all policy statements, purposes, goals, standards, 
and maps in the development guide sections and comprehensive 
plans as developed and adopted by the council pursuant to the 
chapters of the Minnesota Statutes directly relating to the 
council and the metropolitan commissions.  In preparing or 
amending a policy plan the council shall consult with and make 
maximum use of the expertise of the affected commission, and 
each such commission shall cooperate with and make its 
employees, records, studies, plans and other information 
available to the council under chapter 473.  Each such policy 
plan shall must include, to the extent appropriate to the 
functions, services, and systems covered thereby, the following: 
    (a) A statement of the needs of the metropolitan area with 
respect to the functions covered and the objective of and the 
policies to be forwarded by the policy plan; 
    (b) A general description of the physical facilities and 
services to be developed by the metropolitan commission in 
performing its functions; 
    (c) A statement as to the general location of physical 
facilities and service areas; 
    (d) A general statement of timing and priorities in the 
development by the metropolitan commission of those physical 
facilities and service areas; 
    (e) A general statement on the level of public expenditure 
both capital and operating appropriate to the facilities and 
    (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, to be used in preparing the implementation 
plan of the affected metropolitan agency; 
    (2) a statement of issues, problems, needs, and 
opportunities with respect to the functions, services, and 
systems covered; 
    (3) a statement of the council's 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, and other similar matters; 
    (4) a statement of policies to effectuate the council's 
goals, objectives, and priorities; 
    (5) a statement of the fiscal implications of the council's 
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 council's goals, objectives, and 
priorities; and (iv) any changes in existing fiscal policy, on 
regional revenues and intergovernmental aids respectively, that 
are expected or that the council has recommended or may 
recommend; 
    (6) a statement of the standards, criteria, and procedures 
that the council will use in monitoring and evaluating the 
implementation of the plan; 
    (7) a statement of the matters that must be addressed in 
the implementation plan of the affected metropolitan agency; 
    (8) a statement of the relationship of the policy plan to 
other policy plans and chapters of the metropolitan development 
guide; 
    (f) (9) a statement of the relationships to any current 
local comprehensive plans and any related development programs 
on file with the council prepared under sections 473.851 to 
473.872; and 
    (g) Such (10) additional general information as may be 
necessary to develop the policy plan or as may be required by 
the laws relating to the metropolitan commission agency and 
function covered by the policy plan; and 
    (h) A general statement relating to future population, 
employment levels, and land use in the metropolitan area and in 
the individual local governmental units located therein, 
including population densities and anticipated rates of change 
in such densities.  
    Sec. 14.  Minnesota Statutes 1984, section 473.146, 
subdivision 2, is amended to read: 
    Subd. 2.  [CONSULTATION WITH AGENCY; PRE-DRAFTING NOTICE.] 
In preparing or amending the policy plan, the council shall 
consult with and make maximum use of the expertise of the 
affected metropolitan agency.  The agency shall cooperate with 
the council and make its records, studies, plans, and other 
information available to the council. 
     Before beginning to prepare a substantial revision of a 
policy plan, the council shall publish notice and request 
comments from the public.  At least 90 days before publication 
of the pre-drafting notice, the council shall submit a draft of 
the notice to the affected metropolitan agency for review and 
comment.  The pre-drafting 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 pre-drafting notice, 
either orally or in writing. 
     Before adopting a policy plan or substantial revision 
thereof, the council shall submit the proposed plan to the 
affected metropolitan commission agency for its review, and 
the commission agency shall report its comments to the council 
within 60 90 days and may, within that period request the 
council to hold a special public hearing for the purpose of 
receiving the commission's report and comments.  Within 60 days 
after the submission of the proposed plan to the commission, any 
local governmental unit may request a public hearing for the 
purpose of receiving testimony from local governmental units and 
the general public concerning the proposed policy plan prior to 
the adoption of a policy plan.  Within a reasonable time, not to 
exceed 60 days, after receiving a request for a hearing,. 
    Subd. 2a.  [HEARING; ADOPTION.] The council shall hold a 
public hearing on the proposed policy plan at such a time and 
place in the metropolitan area as it shall determine determined 
by the council.  Not less than 15 days before the hearing, the 
council 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 agency comments may be 
examined by any interested person.  At any hearing interested 
persons shall 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 commission's agency's report and 
such the hearing, if any, the council may revise the proposed 
plan giving appropriate consideration to all comments received, 
and thereafter shall adopt the plan by resolution. 
    Subd. 2b.  [EFFECT.] Adopted policy plans must be followed 
by the council and the affected metropolitan agency. 
    Subd. 2c.  [AMENDMENT.] An amendment to a policy plan may 
be initiated by the council or by an affected commission 
metropolitan agency.  At least every four five years the council 
shall engage in a comprehensive review of the policy plan and 
revise the plan as necessary.  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 council pursuant to 
Minnesota Statutes 1971, Chapters 473A, 473B and 473C, shall 
continue in force and effect until expressly superseded by a 
policy plan adopted pursuant to this subdivision.  The council 
shall not amend a policy plan except in accordance with the 
procedures herein established in this section. 
    Sec. 15.  Minnesota Statutes 1984, section 473.146, 
subdivision 3, is amended to read: 
    Subd. 3.  [TRANSPORTATION POLICY PLAN CHAPTER OF THE 
DEVELOPMENT GUIDE.] The council shall adopt a transportation 
policy plan as a part of its comprehensive development guide as 
provided in subdivisions 1 and 2.  The regional transit board 
shall perform the functions and have the responsibility and 
authority provided for a metropolitan commission.  The policy 
plan 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 transit elements 
of the plan must include the following:  
    (1) a statement of service objectives, policies, and 
standards that should govern the distribution, coordination, and 
general location of facilities, services, and service areas to 
be planned, deployed, or developed by or under the direction or 
auspices of the transit board;  
    (2) a general statement of timing and priorities in the 
planning, deployment, and development of services;  
    (3) a statement of the policies and standards that should 
govern the levels of public expenditure, both capital and 
operating, for various services and service areas;  
    (4) a statement of the policies and standards that should 
govern total annual regional funding levels, the sources of 
funds, and the distribution of funds among the facilities, 
services, and service areas; and 
    (5) a description of the contents that should be included 
in the implementation plans prepared by the transit board.  
    In addition to the requirements of subdivisions 1 and 2 
regarding the use of the expertise of the affected agency, the 
state transportation department, metropolitan transit 
commission, and affected counties and municipalities may provide 
technical assistance requested by the council.  The council 
shall amend its policy plan to conform to the requirements of 
this subdivision by January 1, 1986 nontransit element of the 
transportation chapter must include the following: 
    (1) a statement of the needs of the metropolitan area with 
respect to the functions covered and the objectives of and the 
policies to be forwarded by the policy plan; 
    (2) a general description of the physical facilities and 
services to be developed; 
    (3) a statement as to the general location of physical 
facilities and service areas; 
    (4) a general statement of timing and priorities in the 
development of those physical facilities and service areas; and 
    (5) a general statement on the level of public expenditure 
appropriate to the facilities. 
    Sec. 16.  Minnesota Statutes 1984, section 473.149, 
subdivision 3, is amended to read: 
    Subd. 3.  [PREPARATION AND ADOPTION.] The solid waste 
policy plan shall be prepared, adopted, and amended in 
accordance with section 473.146, subdivision 2, provided that 
the procedural duties and responsibilities established therein 
for the affected metropolitan commission agency shall extend to 
the metropolitan counties and the pollution control agency.  In 
addition to the requirements of section 473.146, subdivision 2, 
the council shall send notice of any hearing to the pollution 
control agency and the governing body of each metropolitan 
county and each local governmental unit, as defined in section 
473.801, wherein a solid waste facility is or may be located in 
accordance with the plan.  Any comprehensive plan adopted by the 
council shall remain in force and effect while new or amended 
plans are being prepared and adopted by the council. By October 
1, 1976, the council shall adopt either interim policies or 
amendments to the existing comprehensive plan establishing 
standards and criteria for the review under section 473.823 of 
permit applications for solid waste facilities used primarily 
for resource recovery.  For permit applications received by the 
council prior to October 1, 1976, the council may extend the 
time period provided for review under section 473.823 until 60 
days after the adoption of the interim policies or amendments.  
No metropolitan county, local government unit, commission, or 
person shall acquire, construct, improve or operate any solid 
waste facility in the metropolitan area except in accordance 
with the council's 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. 17.  Minnesota Statutes 1984, section 473.161, is 
amended to read: 
    473.161 [DEVELOPMENT PROGRAMS IMPLEMENTATION PLANS OF 
METROPOLITAN COMMISSIONS.] 
    Subdivision 1.  [PREPARATION OF DEVELOPMENT PROGRAMS.] Each 
metropolitan commission shall prepare a development program 
covering the detailed technical planning, engineering, 
financing, scheduling and other information necessary to the 
development of the program elements to be performed by the 
commission in implementing the policy plan adopted by the 
council pursuant to section 473.146.  The program may include 
such other technical information as the metropolitan commission 
deems necessary.  The program shall prescribe and delineate the 
functions to be performed and activities to be undertaken by the 
metropolitan commission and shall cover at least the five year 
period commencing with the first calendar year beginning after 
its approval or such longer period as the council may 
prescribe.  The program shall describe all capital improvements 
to be undertaken in such period and with respect to each 
improvement shall include the following: 
    (a) A description of the improvement, its location, 
function and estimated cost; 
    (b) The proposed manner of financing the capital costs of 
the improvement, and the sources of revenue available for 
payment of such costs; 
    (c) A schedule showing on a yearly basis the timing of land 
acquisition, construction and capital expenditures for the 
improvements; 
    (d) A review and description of the public need for the 
improvement, alternatives to the improvement, (including 
alternatives not involving capital expenditures), the 
environmental and social effects of the improvement and all 
actions and steps theretofore taken by the commission with 
respect to the improvement; 
    (e) An estimate of the probable impact of the improvement 
on the responsibilities of the other metropolitan commissions; 
    (f) An estimate of the annual operating costs of the 
improvement and the sources of revenue available for payment of 
such costs; 
    (g) An evaluation of the relative priority of the 
improvement taking into consideration other capital improvements 
described in the program; 
    (h) Each program shall include such additional information 
as the council or commission may deem appropriate.  
    Upon a request from any local governmental unit, the 
commission shall hold a public hearing for the purpose of 
receiving testimony from local governmental units and the public 
prior to submission to the council as provided in subdivision 2. 
    Subd. 1a.  [REQUIREMENT; PURPOSE.] Each metropolitan agency 
that is subject to this section by its enabling law shall adopt 
an implementation plan meeting the requirements of this 
section.  The implementation plan must implement and effectuate 
the policy plan adopted by the council under section 473.146.  
Elements of the implementation plan must cover the period or 
periods prescribed in the council's policy plan. 
    Subd. 1b.  [CONTENT.] The implementation plan must include 
the following: 
    (1) a statement of objectives and priorities for capital 
development, services, and system management; 
    (2) a statement of agency plans to achieve the objectives, 
describing the functions, services, and systems that will be 
provided by or under the direction or auspices of the agency; 
    (3) a statement of how the agency's objectives, priorities, 
and plans will implement and effectuate the council's policy 
plan; 
    (4) a statement of the fiscal implications of the agency's 
plan, including a statement of: (i) the anticipated expenditure 
of public and private funds, for capital developments, services, 
and system administration and management, and the changes in 
expenditure levels that the plan represents; (ii) the resources 
available under existing fiscal policy and additional resources, 
if any, that are or may be required to effectuate the agency's 
plan; (iii) any changes in agency policy on regional sources of 
revenue and changes in levels of debt, user charges, and taxes; 
(iv) other changes in existing fiscal policy, on regional 
revenues and intergovernmental aids respectively, that are 
expected or that the agency has recommended or may recommend; 
and (v) the effect on functions and levels and types of 
services, and the agency's contingency and cost-containment 
strategies, if the additional resources required to effectuate 
the agency's plan do not become available; 
    (5) a statement of the standards, criteria, and procedures 
that the agency will use in monitoring and evaluating the 
results of the implementation plan; 
    (6) a statement of the effect of the plan on the 
responsibilities of other governmental units; 
    (7) the services and systems management component required 
by subdivision 1c and the capital investment component required 
by subdivision 1d; and 
    (8) other information that the council or agency deems 
appropriate. 
    Subd. 1c.  [SERVICES AND SYSTEMS MANAGEMENT.] The plan must 
include a services and systems management component that 
describes the levels and costs of services that will be provided 
to service areas and populations within the metropolitan area.  
The component must describe:  (1) service needs, objectives, and 
priorities; (2) changes in existing services; (3) deployment of 
new services; (4) distribution and coordination of services; (5) 
delivery methods and providers; (6) system management and 
administration; (7) costs; (8) manner of finance and revenue 
sources, including federal and state funds, private funds, 
taxes, and user charges; and (9) fiscal effects. 
    Subd. 1d.  [CAPITAL INVESTMENT.] The plan 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 plan 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. 
    Subd. 2.  [SUBMISSION TO PROCEDURE; REVIEW AND APPROVAL BY 
COUNCIL.] The development program implementation plan prepared 
by the metropolitan commission shall agency must be submitted to 
the council for review and approval or disapproval at the time 
or times stated in the policy plan.  The agency shall hold a 
public hearing on the plan before submitting it to the council 
and shall transmit a report of the hearing to the council along 
with the plan.  The council shall complete its review within 90 
days after receipt of the proposed development program 
implementation plan.  In the course of its review of the 
implementation plan the council shall publish an analysis and 
evaluation of the success of the agency in effectuating the 
council's policy plan.  If the council determines that the 
program implementation plan is consistent with the policy plan 
it shall approve the program plan as submitted.  If it 
determines that the program implementation plan or part thereof 
is inconsistent with the policy plan, it shall disapprove it and 
return it to require the submitting commission with comments and 
the commission shall agency to make appropriate revisions in the 
program and resubmit it to the council for review and approval 
or disapproval.  Before approving a program or returning it to 
the submitting commission, the council shall hold a public 
hearing for the purpose of considering the program and the 
council's comments thereon, if requested to do so by the 
affected commission.  The council may approve or disapprove a 
development program in whole or in part implementation plan 
necessary to bring it into conformance with the policy plan.  
The agency shall make the revisions required by the council 
within 60 days, or a longer period agreed to by the council, and 
resubmit the plan to the council for review.  If the agency does 
not make the revisions required by the council in the time 
allowed, the council shall hold a public hearing on the matter 
in dispute.  At the hearing the council shall make an 
affirmative presentation of its position on the required 
revisions, shall allow the agency to present its objections to 
the revisions, and shall allow all persons to present their 
views on the matter.  Following the hearing the council shall 
prepare a report on the hearing, including a summary of the 
disagreeing positions of the council and the agency, and shall 
make a final decision on the revision.  If the council decides 
to require revision, the council's decision shall contain 
specific changes in the implementation plan.  The changes 
contained in the council's decision are binding on the agency 
and are part of the implementation plan required to be adopted 
and implemented by the agency under subdivision 3. 
    Subd. 2a.  [AMENDMENT.] Within two years of the approval of 
its first development program by the council and At least 
biennially thereafter each commission metropolitan agency shall 
review the program implementation plan, make such the revisions 
as are necessary, including an updating of the five year capital 
improvement program, and submit the program plan to the council 
for its review and approval or disapproval as herein provided in 
this section.  
    Subd. 3.  [ADOPTION; EFFECT OF DEVELOPMENT PROGRAM.] After 
approval by the council of a development program the 
commission The metropolitan agency shall adopt and implement the 
program implementation plan, with the revisions required by the 
council, within 60 days following council approval.  No capital 
improvements shall be undertaken by the metropolitan commission 
unless authorized by the program or The activities of the 
agency, including its priorities and timing, must be consistent 
with its approved and adopted implementation plan or be 
specifically approved by the council.  The council shall may not 
approve any improvement activity not in substantial conformance 
with the appropriate policy plan. 
    Sec. 18.  [473.1623] [METROPOLITAN COUNCIL; METROPOLITAN 
AGENCIES; FINANCIAL REPORTING AND MANAGEMENT.] 
    Subdivision 1.  [PURPOSE.] The purpose of this section is 
to enhance the efficiency, effectiveness, and responsiveness of 
metropolitan agencies and services, by improving coordination 
among metropolitan agencies in financial reporting and 
management for metropolitan systems and services. 
    Subd. 2.  [FINANCIAL REPORTING AND MANAGEMENT ADVISORY 
COMMITTEE.] A financial reporting and management advisory 
committee is created, consisting of the chairs of the council 
and the following metropolitan agencies:  the waste control 
commission, transit board, metropolitan airports commission, and 
sports facilities commission.  The committee is established to 
assist and advise the council and other governing boards in 
meeting the requirements of this section.  Staff and 
administrative services for the committee must be provided by 
the council and the member agencies.  Other agencies shall make 
financial information available upon request. 
    Subd. 3.  [FINANCIAL REPORT.] By December 15 of 
even-numbered years, the council, in consultation with the 
advisory committee, shall publish a consolidated financial 
report for the council and all metropolitan agencies and their 
functions, services, and systems.  The financial report must 
cover the calendar year in which the report is published and the 
two years preceding and three years succeeding that year.  The 
financial report must contain the following information, for 
each agency, function, or system, respectively, and in the 
aggregate, in a consistent format that allows comparison over 
time and among agencies in expenditure and revenue categories: 
    (1) financial policies, goals, and priorities; 
    (2) levels and allocation of public expenditure, including 
capital, debt, operating, and pass-through funds, stated in the 
aggregate and by appropriate functional, programmatic, 
administrative, and geographic categories, and the changes in 
expenditure levels and allocations that the report represents; 
    (3) the resources available under existing fiscal policy; 
    (4) additional resources, if any, that are or may be 
required; 
    (5) changes in council or agency policies on regional 
sources of revenue and in levels of debt, user charges, and 
taxes; 
    (6) other changes in existing fiscal policy, on regional 
revenues and intergovernmental aids respectively, that are 
expected or that have been or may be recommended by the council 
or the respective agencies; 
    (7) an analysis that links, as far as practicable, the uses 
of funds and the sources of funds, by appropriate categories and 
in the aggregate; 
    (8) a description of how the fiscal policies effectuate 
current policy and implementation plans of the council and 
agencies concerned; and 
    (9) a summary of significant changes in council and agency 
finance and an analysis of fiscal trends. 
    The council shall present the report for discussion and 
comment at a public meeting in the metropolitan area and 
request, in writing, an opportunity to make presentations on the 
report before appropriate committees of the legislature. 
    Subd. 4.  [FINANCIAL REPORTING; BUDGETING.] The advisory 
committee, with the assistance of the state auditor and the 
legislative auditor, shall develop uniform or consistent 
standards, formats, and procedures for the budgets and financial 
reports of the council and all metropolitan agencies.  The 
council shall report to the legislature from time to time on 
progress made by the committee in improving the uniformity and 
quality of budgets and financial reports and on legislation that 
may be needed for this purpose. 
    Subd. 5.  [ADMINISTRATIVE COORDINATION.] The advisory 
committee shall evaluate the benefits, costs, methods, and 
effects, including operational effects, of joint or uniform and 
coordinated exercise of powers by the council and metropolitan 
agencies for appropriate administrative functions.  The study 
must include at least ongoing managerial reporting, contracts, 
purchasing, data processing, and personnel.  The council shall 
report to the legislature on the findings and recommendations of 
the advisory committee to date by January 1, 1987, and on legal 
and other impediments to increased coordination of 
administrative functions.  Before submitting the report, the 
council shall request comments on the report from the affected 
metropolitan agencies, and the comments must be submitted along 
with the report. 
    Sec. 19.  Minnesota Statutes 1984, section 473.163, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUIREMENT.] Each metropolitan commission 
agency that is subject to this section by its enabling law shall 
prepare a proposed budget for calendar year 1976 and each 
calendar year thereafter.  The proposed budget shall be prepared 
on or before by August 1, 1975 and of each 
year thereafter.  The budget must be consistent with and 
effectuate the implementation plan.  The budget shall must show 
for each such year: 
    (a) The estimated operating revenues from all sources 
including funds on hand at the beginning of the year, and 
estimated expenditures for costs of operation, administration, 
maintenance, and debt service; and 
    (b) Capital improvement funds estimated to be on hand at 
the beginning of the year and estimated to be received during 
the year from all sources and estimated cost of capital 
improvements to be paid out or expended during the year; all in 
such detail and form as the council may prescribe; and 
    (c) The estimated source and use of pass-through funds. 
    Sec. 20.  Minnesota Statutes 1984, section 473.163, 
subdivision 2, is amended to read: 
    Subd. 2.  [PROCEDURE; APPROVAL OF COUNCIL.] Between As 
early as practicable before August 1 and September 1 15 of each 
year, the commission agency shall hold a public hearing on a 
draft of the proposed budget.  Along with the draft, the agency 
shall publish a report on user charges.  The report must include 
an estimate and analysis of the changes in user charges, rates, 
and fees that will be required by the agency's budget.  Not less 
than 14 days before the hearing, the commission agency shall 
publish notice thereof of the hearing in a newspaper having 
general circulation in the metropolitan area, stating the date, 
time and place of hearing, and the place where the proposed 
budget and report on user charges may be examined by any 
interested person.  Following the hearing, the agency shall 
publish a report of the hearing that summarizes the comments 
received and the agency's response.  Until the budget for agency 
fiscal year 1990, those parts of the budget relating to revenues 
and expenditures for capital improvements shall must be 
submitted to the council on or before by August 1 15 of each 
year and shall be subject to for review and approval by the 
council.  If council approval is required the council shall act 
to approve or disapprove by October 1 of each year.  Before 
December 15 of each year the commission, after obtaining 
approval of the council for any changes in the capital 
improvements budget, agency shall by resolution adopt a final 
budget.  Each commission agency shall file its final budget with 
the council on or before December 20 of each year.  The council 
shall file the budgets with the secretary of the senate and the 
clerk of the house of representatives not later than January 1 
of each year. 
    Subd. 2a.  [EFFECT.] Except in an emergency, for which 
procedures shall must be established by the commission agency, 
the commission agency and its officers, agents and 
employees shall may not spend money for any purpose, other than 
debt service, without an appropriation by the commission or in 
excess of the amount appropriated therefor agency, and no 
obligation to make such an expenditure shall be enforceable 
except as the obligation of the person or persons incurring it.  
The creation of any debt obligation or the receipt of any 
federal or state grant is a sufficient appropriation of the 
proceeds for the purpose for which it is authorized, and of the 
tax or other revenues pledged to pay the obligation and interest 
on it whether or not specifically included in any annual 
budget.  The commission may, After obtaining approval of the 
council, if required under subdivision 2, the agency may amend 
the capital improvements budget at any time by transferring any 
appropriation from one purpose to another, except appropriations 
of the proceeds of bonds issued for a specific purpose.  The 
council shall file the budgets of all commissions with the 
secretary of the senate and the clerk of the house of 
representatives not later than January 15 of each year.  
    Sec. 21.  Minnesota Statutes 1985 Supplement, section 
473.167, subdivision 3, is amended to read: 
    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.  The tax shall be certified by the 
council, levied, and collected in the manner provided by section 
473.08 7 of this act.  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, except as otherwise provided in this subdivision.  
The tax shall not be levied at a rate higher than five 
one-hundredths of one mill.  The tax shall not be levied at a 
rate higher than that determined by the council to be 
sufficient, considering the other anticipated revenues of and 
disbursements from the loan fund, to produce a balance in the 
loan fund at the end of the next calendar year equal to twice 
the amount that a tax levy of five one-hundredths of a mill 
would raise in that year. 
    Sec. 22.  Minnesota Statutes 1984, section 473.171, 
subdivision 1, is amended to read: 
    Subdivision 1.  The council shall review all applications 
of a metropolitan commission agency, independent commission, 
board or agency, and local governmental units for funds, grants, 
loans or loan guarantees from the United States of America or 
agencies thereof submitted in connection with proposed matters 
of metropolitan significance, all other applications 
by commissions metropolitan agencies, independent commissions, 
boards and agencies, and local governmental units for grants, 
loans, or loan guarantees from the United States of America or 
any agency thereof if review by a regional agency is required by 
federal law or the federal agency, and all applications of the 
commissions for grants, loans, or allocations from funds made 
available by the United States of America to the metropolitan 
area for regional facilities pursuant to a federal revenue 
sharing or similar program requiring that the funds be received 
and granted or allocated or that the grants and allocations be 
approved by a regional agency.  
    Sec. 23.  Minnesota Statutes 1984, section 473.171, 
subdivision 2, is amended to read: 
    Subd. 2.  The council shall review all applications or 
requests of a metropolitan commission agency, independent 
commission, board or agency, and local governmental units for 
state funds allocated or granted for proposed matters of 
metropolitan significance, and all other applications by 
metropolitan commissions agencies, independent commissions, 
boards, agencies, and local governmental units for state funds 
if review by a regional agency is required by state law or the 
granting state agency.  
    Sec. 24.  Minnesota Statutes 1984, section 473.173, 
subdivision 3, is amended to read: 
    Subd. 3.  In developing the regulations the council and the 
advisory metropolitan land use committee, as defined in section 
473.852, shall give consideration to all factors deemed relevant 
including but not limited to the following: 
    (1) The impact a proposed matter will have on the orderly, 
economic development, public and private, of the metropolitan 
area and its consistency with the metropolitan development guide;
    (2) The relationship a proposed matter will have to the 
policy statement goals, standards, programs and other applicable 
provisions of the development guide; 
    (3) The impact a proposed matter will have on policy plans 
adopted by the council and on the development programs 
implementation plans and functions performed and to be performed 
by a metropolitan commission agency that is subject to section 
473.161; 
    (4) Functions of municipal governments in respect to 
control of land use as provided for under the municipal planning 
act. 
    Sec. 25.  Minnesota Statutes 1984, section 473.173, 
subdivision 4, is amended to read: 
    Subd. 4.  The regulations shall include, without 
limitation, provisions to effectuate and comply with the 
following powers and requirements: 
    (1) No applicant shall be required to submit a proposed 
matter for review more than once unless it is materially altered.
    (1a) A public hearing shall be held prior to the final 
determination with regard to a proposed matter. 
    (2) The council shall be empowered to suspend action on a 
proposed matter during the period of review and for a period not 
to exceed 12 months following the issuance of its final 
determination.  In its final determination, the council may 
prescribe appropriate conditions with regard to a proposed 
matter which, if incorporated or complied with, would cause the 
council to remove the suspension. 
    (3) The council's recommendation or determination 
concerning a proposed matter, including the determination as to 
its metropolitan significance, shall be issued within 90 days 
following its receipt of a proposal accompanied by adequate 
supporting information.  To avoid duplication, the review may be 
suspended for not more than 90 days to await completion of 
review of a matter by another public agency. 
    (4) The council shall be required to review a proposed 
matter upon request of an affected local governmental unit or 
metropolitan commission agency that is subject to section 
473.161.  The regulations shall include a procedure for review 
of a proposed matter upon petition by a specified number of 
residents of the metropolitan area 18 years of age or older. 
    (5) The council shall be empowered to review all proposed 
matters of metropolitan significance regardless of whether the 
council has received a request from an affected body to conduct 
that review. 
    (6) The council shall review all proposed matters 
determined to be of metropolitan significance as to their 
consistency with and effect upon metropolitan system plans as 
defined in section 473.852 and their adverse effects on other 
local governmental units. 
    (7) Previously approved policy plans and development 
programs implementation plans and areas of operational authority 
of the metropolitan commissions agencies that are subject to 
section 473.161 shall not be subject to review under this 
section, except as specifically provided in section 473.171. 
    Sec. 26.  Minnesota Statutes 1984, section 473.194, is 
amended to read: 
    473.194 [DEFINITIONS.] 
    For the purposes of sections 473.193 473.194 to 473.201, 
the terms defined in the municipal housing and redevelopment act 
shall have the meanings given them in that act.  
    Sec. 27.  Minnesota Statutes 1984, section 473.195, 
subdivision 4, is amended to read: 
    Subd. 4.  The council shall, as part of any project 
proposal to a municipality, propose a means for citizens 
substantially affected by the proposed project to participate in 
the formulation and carrying out of projects undertaken by the 
council pursuant to the terms of sections 473.193 473.194 to 
473.201.  
    Sec. 28.  Minnesota Statutes 1984, section 473.199, is 
amended to read: 
    473.199 [EFFECT UPON MUNICIPAL AND COUNTY HOUSING AND 
REDEVELOPMENT AUTHORITIES.] 
    Nothing in sections 473.193 473.194 to 473.201 shall be 
construed to impair the powers and obligations of municipal, 
county or multi-county housing and redevelopment authorities 
within the metropolitan area.  
    Sec. 29.  Minnesota Statutes 1984, section 473.201, 
subdivision 2, is amended to read: 
    Subd. 2.  The council may expend for the purposes of 
sections 473.193 473.194 to 473.201 any revenues derived 
pursuant to section 473.249.  
    Sec. 30.  Minnesota Statutes 1984, section 473.245, is 
amended to read: 
    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 
commission 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 moneys 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 473.193 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 commissions 
metropolitan agencies.  
    Sec. 31.  Minnesota Statutes 1984, section 473.249, 
subdivision 1, is amended to read: 
    Subdivision 1.  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.  The tax 
shall not exceed eight-thirtieths of one mill on the total 
assessed valuation of all such taxable property located in the 
metropolitan area, and shall be levied and collected in the 
manner provided by section 473.08 7 of this act. 
    Sec. 32.  Minnesota Statutes 1984, section 473.303, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEMBERSHIP.] The commission shall consist of 
eight members, plus a chairman appointed as provided in 
subdivision 3.  The metropolitan council shall appoint the eight 
members on a nonpartisan basis.  One member shall be appointed 
from each of the following commission districts: 
    (1) Commission district A, consisting of council districts 
1 and 2; 
    (2) Commission district B, consisting of council districts 
3 and 7; 
    (3) Commission district C, consisting of council districts 
4 and 5; 
    (4) Commission district D, consisting of council districts 
6 and 10; 
    (5) Commission district E, consisting of council districts 
8 and 9; 
    (6) Commission district F, consisting of council districts 
11 and 12; 
    (7) Commission district G, consisting of council districts 
13 and 14; and 
    (8) Commission district H, consisting of council districts 
15 and 16 in accordance with the provisions of section 473.141. 
    Sec. 33.  Minnesota Statutes 1984, section 473.303, 
subdivision 4a, is amended to read: 
    Subd. 4a.  [TERMS.] Following each apportionment of 
metropolitan council districts, as provided under section 
473.123, subdivision 3a, the terms of members and the chairman 
of the commission shall commence on the effective date of that 
apportionment, metropolitan council appointed as provided in 
section 473.123, subdivision 3a, shall appoint a chair and eight 
commission members from newly drawn districts.  The terms of 
members and chairmen are as follows:  members representing 
commission districts A, B, C, and D, and the chairman 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 chairman 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 chairman 
shall continue to serve until a successor is appointed and 
qualified.  A member shall continue to serve his commission 
district until a successor is appointed and qualified; except 
that, following each apportionment, the member shall continue to 
serve at large until the metropolitan council appointed pursuant 
to section 473.123, subdivision 3a 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. 
    Sec. 34.  Minnesota Statutes 1984, section 473.303, 
subdivision 6, is amended to read: 
    Subd. 6.  [COMPENSATION.] Members and the chairman shall be 
compensated as provided for members of metropolitan 
commissions in section 473.141, subdivision 7.  
    Sec. 35.  Minnesota Statutes 1984, section 473.373, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT.] To carry out the policy 
and achieve the goals of section 473.371 there is established a 
regional transit board as a public corporation and a political 
subdivision of the state.  Except as provided in this section, 
the board is organized, structured, and administered as provided 
for metropolitan commissions in section 473.141.  
    Sec. 36.  Minnesota Statutes 1985 Supplement, section 
473.373, subdivision 4, is amended to read: 
    Subd. 4.  [TERMS.] The initial terms of members and the 
chair appointed under Laws 1984, chapter 654, article 3, section 
116, commence on the first day after July 1, 1984, that the 
chair and at least seven other members have been appointed and 
qualified and expire on the first day that the chair and eight 
members appointed under section 473.141 and this section are 
appointed and qualified.  By August 1, 1985, the appointing 
authorities shall appoint a chair and eight members from the 
districts defined in section 473.141.  The initial terms of 
members and the chair appointed in 1985 are as follows:  members 
representing commission districts A, B, C, and D and the chair 
of the board, 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 "9."  At 
least one of the members appointed by the council must be 65 
years of age or older at the time of the appointment.  
Thereafter the term of each member and the chair is four years, 
subject to the provisions on apportionment, successor 
qualification, removal, and vacancy of section 473.141, 
subdivisions 4a, 5, and 6. 
    Sec. 37.  Minnesota Statutes 1984, section 473.377, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUIREMENT.] The transit board shall 
prepare, submit to the council, and adopt a transit service an 
implementation plan describing the planning, functions, and 
activities to be performed by or under the direction or auspices 
of the board in implementing the policy plan adopted by the 
council pursuant to section 473.146.  The plan must cover at 
least the five-year period commencing with the first calendar 
year beginning after the plan's approval, or a longer period 
prescribed by the council.  
    Except as otherwise provided in this section, the 
implementation plan must be prepared, submitted for review by 
the council, adopted, and implemented in the same manner, with 
the same requirements and restrictions, and to the same effect 
as provided for development programs in section 473.161.  The 
board shall prepare an implementation plan meeting the 
requirements of this section and submit the plan to the council 
by August 1, 1986, and thereafter in even-numbered years at a 
time prescribed by the council. 
    Sec. 38.  Minnesota Statutes 1985 Supplement, section 
473.38, subdivision 2, is amended to read: 
    Subd. 2.  [FINANCIAL PLAN; COUNCIL APPROVAL.] Along with 
its annual budget, each even-numbered year the board shall 
prepare a financial plan for the succeeding three calendar 
years, in half-year segments.  The financial plan must be 
consistent with the board's implementation plan and must contain 
the elements specified in section 473.377, subdivision 2, 
clauses (a), (e), (f), and (g) 18, subdivision 3.  The financial 
plan prepared in even-numbered years must contain a proposed 
request for state financial assistance for the succeeding 
biennium.  The board shall submit the financial plan to the 
council for review and approval or disapproval.  The council may 
approve or disapprove in whole or in part.  The council may 
disapprove only for inconsistency with the policy plan of the 
council. 
    Sec. 39.  Minnesota Statutes 1985 Supplement, section 
473.39, subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL AUTHORITY.] The council, if 
requested by vote of at least two-thirds of all of the members 
of the transit board, may issue general obligation bonds to 
provide funds to the board for expenditure to implement the 
board's approved capital development program implementation plan 
and for the refunding of outstanding bonds, certificates of 
indebtedness, and judgments.  The council may not unreasonably 
withhold the issuance of obligations for a capital development 
program an implementation plan that has been approved by the 
council.  The council may not issue obligations pursuant to this 
subdivision in excess of the amount specifically authorized by 
law.  Except as otherwise provided in sections 473.371 to 
473.449, the council 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 council 
and board, nor any member or officer or employee of the board or 
council, 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.  The council shall 
certify to the transit board before October 1 of each year the 
amounts necessary to provide full and timely payment of the 
obligations.  As part of its levy made under section 473.446, 
the board shall levy the amounts certified by the council and 
transfer the proceeds to the council for payment of the 
obligations.  The taxes must be levied, certified, and collected 
in accordance with the terms and conditions of the indebtedness. 
    Sec. 40.  Minnesota Statutes 1985 Supplement, section 
473.39, subdivision 1a, is amended to read: 
    Subd. 1a.  [AMOUNT; I-394 FACILITIES.] The council may 
issue certificates of indebtedness, bonds, or other obligations 
under this section in an amount not exceeding $8,500,000 for 
expenditure as prescribed in the capital development program 
implementation plan of the board required by section 473.377, 
subdivision 2, clause (a). Of this amount, no more than 
$1,500,000 may be spent for land acquisition and capital 
improvements for park and ride lots and transit transfer 
stations planned for the interstate highway described in section 
161.123, clause (2), commonly known as I-394.  These facilities 
may be constructed and maintained by the metropolitan transit 
commission.  The board shall require, as a condition of 
financial assistance to the commission, that the commission make 
facilities it constructs, acquires, or improves for I-394 with 
funds provided under this provision available to all transit 
providers on a nondiscriminatory basis, as the board defines 
these terms. 
    Sec. 41.  Minnesota Statutes 1984, section 473.409, is 
amended to read: 
    473.409 [AGREEMENTS WITH COMMISSION; ENCOURAGEMENT OF 
TRANSIT USE.] 
    A state department or agency, including the legislative 
branch, any local governmental unit, the metropolitan council, 
or other metropolitan commission agency may enter into an 
agreement with the transit commission 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 commission or other operator 
for use in lieu of fares on vehicles operated by the commission 
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, council, or other commission, unless otherwise provided in 
an agreement approved by the transit board. 
    Sec. 42.  Minnesota Statutes 1984, section 473.516, 
subdivision 2, is amended to read: 
    Subd. 2.  [GENERAL REQUIREMENTS.] With respect to its 
activities under this section, the commission shall be subject 
to and comply with the applicable provisions of this chapter.  
Property acquired by the commission under this section shall be 
subject to the provisions of section 473.545.  Any site or 
facility owned or operated for or by the commission shall 
conform to the policy plan adopted by the council under section 
473.149 and shall be authorized in accordance with the 
commission's development program and capital budget 
implementation plan approved by the council.  The commission 
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. 
    Sec. 43.  Minnesota Statutes 1984, section 473.523, 
subdivision 1, is amended to read: 
    Subdivision 1.  No contract for any construction work, or 
for the purchase of materials, supplies, or equipment, costing 
more than $5,000 $15,000 shall be made by the commission without 
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 commission 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 board for the faithful performance of the 
contract as required by law.  The commission 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 commission 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 $5,000 $15,000 or in making emergency repairs, 
it shall not be necessary to advertise for bids. 
    Sec. 44.  Minnesota Statutes 1984, section 473.523, 
subdivision 2, is amended to read: 
    Subd. 2.  The administrator may, without prior approval of 
the commission and without advertising for bids, enter into any 
contract of the type referred to in subdivision 1 which is not 
in excess of $5,000 $15,000.  
    Sec. 45.  Minnesota Statutes 1984, section 473.535, is 
amended to read: 
    473.535 [WASTE CONTROL COMMISSION IMPLEMENTATION PLAN; 
BUDGET.] 
    The waste control commission shall prepare, submit to the 
council and adopt an implementation plan and a budget at the 
time and in the manner provided in and otherwise comply 
with section sections 473.161 and 473.163.  
    Sec. 46.  Minnesota Statutes 1984, section 473.553, 
subdivision 4, is amended to read: 
    Subd. 4.  [QUALIFICATIONS.] Each member appointed prior to 
substantial completion of construction of a sports facility 
constructed pursuant to sections 473.551 to 473.595 shall be a 
resident of the precincts or area of the state for which he is 
appointed.  A member appointed at any time shall not during his 
term of office hold the office of metropolitan council member or 
be a member of another metropolitan commission agency that is 
subject to section 473.141 or hold any judicial office or office 
of state government.  Each member shall qualify by taking and 
subscribing the oath of office prescribed by the Minnesota 
Constitution, Article V, Section 6.  The oath, duly certified by 
the official administering it, shall be filed with the chairman 
of the metropolitan council.  
    Sec. 47.  [473.636] [NEW MAJOR AIRPORT; AIRPORT DEVELOPMENT 
AREA.] 
    Subdivision 1.  [METROPOLITAN COUNCIL; LAND USE CRITERIA 
AND GUIDELINES.] Within 120 days after the selection by the 
metropolitan airports commission of a site in the metropolitan 
area for a new major airport to serve as a terminal for regular, 
scheduled air passenger service and the approval of the 
selection by the metropolitan council, the council shall adopt 
criteria and guidelines for the regulation of use and 
development of the airport development area, consisting of all 
or a portion of the property in the metropolitan area extending 
out three miles from the proposed boundaries of the site, or out 
five miles from the boundaries in any direction the council 
determines is necessary to protect natural resources of the 
metropolitan area.  The criteria and guidelines must establish 
the boundaries of the airport development area and must include 
a statement of goals and policies to be accomplished by 
regulation of the use and development of property in the area.  
The criteria and guidelines may relate to all kinds of land use 
and development control measures, including zoning ordinances, 
building codes, subdivision regulations, and official maps.  The 
criteria and guidelines must encourage controls for the use and 
development of property and the planning of public facilities to 
protect inhabitants of the airport development area from 
aircraft noise and to preserve natural underground water 
reservoirs and other natural resources of the metropolitan 
area.  Those purposes are public purposes upon which land use 
and development control measures adopted by any government unit 
under law may be based.  The criteria and guidelines must be a 
part of the metropolitan development guide when it is adopted, 
and the council shall mail a copy of the criteria and guidelines 
and any amendment to them to the governing body of each 
government unit having authority to adopt land use and 
development control measures applicable to the airport 
development area under sections 360.061 to 360.073, chapter 394, 
or chapter 462, or any other law; to the metropolitan airports 
commission; and to the state commissioner of transportation.  
The council may amend the criteria and guidelines from time to 
time, and shall reestablish the airport development area 
whenever the airport site boundaries are altered.  
    Subd. 2.  [LOCAL ZONING AND LAND USE AND DEVELOPMENT 
CONTROLS.] Upon the selection and approval of a site for a new 
major airport in the metropolitan area, all land within its 
airport development area not then zoned for other use is zoned 
for use exclusively for agricultural purposes, except that a 
prior nonconforming use established with reference to any lot or 
parcel of land may be continued and all land zoned by this 
subdivision for agricultural purposes may be rezoned by the 
appropriate government unit upon compliance with this 
subdivision.  Thereafter the governing body of each government 
unit proposing to adopt or amend a land use and development 
control measure applicable to the airport development area shall 
submit it to the metropolitan council for review, and within 120 
days after receipt of the council's criteria and guidelines 
shall make and submit to the council for review whatever changes 
in its existing land use and development control measures it 
deems necessary to make them consistent with the criteria and 
guidelines.  The council or a committee designated by it shall 
hold a hearing on the control measures submitted by each 
government unit within 60 days after they are submitted, on 
written notice mailed to the governing body of the government 
unit not less than 15 days before the hearing.  At the hearing 
the government unit must be allowed to present all data and 
information that support the control measures submitted to the 
council.  The council shall approve each measure or amendment 
within 120 days after it is received, with whatever changes it 
deems necessary to make it consistent with the criteria and 
guidelines, and the government unit submitting it shall take all 
actions necessary to put it into effect within 60 days after it 
is approved.  If the council amends its criteria and guidelines, 
it must follow the procedures in this subdivision to ensure that 
applicable land use and development control measures are 
consistent with the amendment.  
    Subd. 3.  [ENFORCEMENT OF LOCAL MEASURES.] After the 
selection and approval of a site for a new major airport in the 
metropolitan area, no public or private use contrary to 
subdivision 2 or any land use and development control measure 
then in effect may be made of the property to which it applies 
within an airport development area, and no government unit may 
issue a permit for the use, construction, alteration, or 
planting of any property, building, structure, or tree not in 
accordance with its general provisions, except for minor footage 
variances, until the council has approved changes or variances 
in the control measure in accordance with subdivision 2.  After 
the council has approved a land use and development control 
measure in accordance with subdivision 2, no public or private 
use contrary to its provisions may be made of the property to 
which it applies; and no government unit may issue a permit for 
the use, construction, alteration, or planting of any property, 
building, structure, or tree not in accordance with its general 
provisions; and no special use permit or variance may be granted 
that authorizes a use or development contrary to the council's 
criteria and guidelines.  
    Subd. 4.  [CONTROL MEASURE REVIEW BEFORE SITE SELECTION.] 
After the metropolitan airports commission has called a hearing 
for the selection of a site for a new major airport in the 
metropolitan area under section 473.641, and until the 
commission has determined not to use the site described in the 
notice of hearing for a new major airport, the governing body of 
each government unit in the metropolitan area shall submit to 
the council for review and comment in accordance with section 
473.175 any land use and development control measure, amendment, 
or variance applicable to or proposed for the site described in 
the notice of hearing or to any property within five miles of 
the site.  During the period described in this subdivision, no 
government unit may construct a public building or facility on 
the proposed airport site or within five miles of it until it 
has submitted its plan for the building or facility to the 
metropolitan council for review and comment as provided in this 
subdivision.  
    Sec. 48.  [473.637] [AIRCRAFT NOISE ZONES.] 
    Within 120 days after the selection and approval of a site 
for a new major airport in the metropolitan area, the 
metropolitan council shall determine the probable levels of 
noise that will result in various parts of the metropolitan area 
from the operation of aircraft using the site, shall establish 
aircraft noise zones based on that determination and applicable 
to property affected by the noise, and shall establish 
acceptable levels of perceived noise decibels for each land use, 
using the composite noise rating method and tables or the noise 
exposure forecast method and tables.  Each government unit 
having power to adopt land use and development control measures 
applicable to property included in any aircraft noise zone shall 
adopt or incorporate in existing land use and development 
control measures the applicable acceptable level of perceived 
noise decibels established by the council, and shall adopt 
whatever other control measures may be necessary to prevent the 
use, construction, or improvement of property and buildings 
subject to a level of perceived noise decibels in excess of the 
acceptable level established for that land use.  The council 
shall mail a map showing the aircraft noise zones and a copy of 
the applicable acceptable levels of perceived noise decibels to 
the governing body of each government unit having authority to 
adopt land use and development control measures applicable to 
property in each aircraft noise zone, to the metropolitan 
airports commission, and to the state commissioner of 
transportation.  The control measures adopted by a government 
unit to comply with this section must be submitted to and 
approved by the council and placed into effect by the government 
unit as provided in section 473.215, subdivision 2.  The council 
may change the aircraft noise zones and the applicable 
acceptable levels of perceived noise decibels to conform with 
the actual levels of noise produced by aircraft using the 
airport site when it is in operation, and may require changes in 
control measures applicable to airport noise zones to conform 
with changes made by it.  No property may be used, and no 
building or other structure may be constructed or improved, 
within any aircraft noise zone if persons using the property and 
buildings would be subjected to a level of perceived noise 
decibels in excess of the acceptable level established by the 
council for that land use.  
    Sec. 49.  [473.638] [CONTROL MEASURE INVOLVING TAKING; 
CONDEMNATION BY METROPOLITAN AIRPORTS COMMISSION.] 
    Subdivision 1.  [EMINENT DOMAIN.] If either the provisions 
or the application of section 473.215, subdivision 2, or any 
land use and development control measure applicable to public or 
private property in an airport development area is determined by 
a court of competent jurisdiction to constitute a taking, the 
metropolitan airports commission in the exercise of its power to 
acquire lands for the airport has the power to acquire the 
property or any similar property, or an interest in it, to the 
extent needed for the application of the measure, by eminent 
domain exercised in accordance with chapter 117.  The right of 
eminent domain must be exercised if the commission has or will 
have funds to pay the condemnation award and the council 
determines that it is necessary to protect the airport from 
encroachment or hazards, to protect residents in the area, to 
encourage the most appropriate use of property in the airport 
development area, or to protect and conserve the natural 
resources of the metropolitan area.  
    Subd. 2.  [RETENTION OR SALE OF PROPERTY.] The commission 
may retain any property now owned by it or acquired under 
subdivision 1 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 462.525, 
all subject to the provisions of section 473.215, subdivision 2, 
or to existing land use and development control measures 
approved by the council.  
    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 commission, the 
metropolitan council, 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. 50.  [473.639] [RELATION TO AIRPORT HAZARD ZONING.] 
    Sections 473.215 and 473.216 and any criteria, guidelines, 
or land use and development control measure approved by the 
council under those sections in no way supersede or limit the 
powers conferred on a municipality to do airport hazard zoning, 
or the commissioner of transportation by sections 360.061 to 
360.073.  Any criteria, guidelines, or land use and development 
control measure approved by the council under section 473.215 or 
473.216 must be consistent with any exercise of powers by the 
commissioner under sections 360.061 to 360.093. 
    Sec. 51.  [473.64] [GOVERNMENT UNITS 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 or the council.  
     Sec. 52.  Minnesota Statutes 1984, section 473.704, is 
amended by adding a subdivision to read: 
     Subd. 19.  The commission, by December 15 of each 
even-numbered year, shall prepare and submit to the legislature 
a financial report that contains the information required by 
section 18, subdivision 3, in a format consistent with the 
consolidated financial report required by that subdivision. 
    Sec. 53.  Minnesota Statutes 1984, section 473.711, is 
amended by adding a subdivision to read:  
    Subd. 4.  [CERTIFICATES OF INDEBTEDNESS.] The commission 
may issue certificates of indebtedness in anticipation of the 
collection and payment of a tax levied under this section in the 
same manner as a statutory city under section 412.261 and use 
their proceeds to accomplish its duties.  
    Sec. 54.  Minnesota Statutes 1984, section 473.811, 
subdivision 7, is amended to read: 
    Subd. 7.  [JOINT ACTION.] Any local governmental unit or 
metropolitan commission agency may act together with any county, 
city, or town within or without the metropolitan area, or with 
the pollution control agency or the waste management board under 
the provisions of section 471.59 or any other appropriate law 
providing for joint or cooperative action between government 
units, to accomplish any purpose specified in sections 473.149, 
473.151, and 473.801 to 473.823 and sections 473.827, 473.831, 
473.833, 473.834, 116.05 and 115A.06. 
    Any agreement regarding data processing services relating 
to the generation, management, identification, labeling, 
classification, storage, collection, treatment, transportation, 
processing or disposal of waste and entered into pursuant to 
section 471.59, or other law authorizing joint or cooperative 
action may provide that any party to the agreement may agree to 
defend, indemnify and hold harmless any other party to the 
agreement providing the services, including its employees, 
officers or volunteers, against any judgments, expenses, 
reasonable attorney's fees and amounts paid in settlement 
actually and reasonably incurred in connection with any third 
party claim or demand arising out of an alleged act or omission 
by a party to the agreement, its employees, officers or 
volunteers occurring in connection with any exchange, retention, 
storage or processing of data, information or records required 
by the agreement.  Any liability incurred by a party to an 
agreement under this subdivision shall be subject to the 
limitations set forth in section 3.736 or 466.04. 
    Sec. 55.  Minnesota Statutes 1984, section 473.823, 
subdivision 3, is amended to read: 
    Subd. 3.  [SOLID WASTE FACILITIES; REVIEW PROCEDURES.] The 
agency shall request applicants for solid waste facility permits 
to submit all information deemed relevant by the council to its 
review, including without limitation information relating to the 
geographic areas and population served, the need, the effect on 
existing facilities and services, the anticipated public cost 
and benefit, the anticipated rates and charges, the manner of 
financing, the effect on metropolitan plans and development 
programs, the supply of waste, anticipated markets for any 
product, and alternative means of disposal or energy 
production.  No permit may be issued for the operation of a 
solid waste facility in the metropolitan area which is not in 
accordance with the metropolitan council's solid waste policy 
plan.  The metropolitan council shall determine whether a permit 
is in accordance with the policy plan.  In making its 
determination, the council shall consider the area-wide need and 
benefit of the applicant facility and may consider, without 
limitation, the effect of the applicant facility on existing and 
planned solid waste facilities described in a waste control 
commission development program implementation plan or county 
report or master plan.  If the council determines that a permit 
is in accordance with its policy plan, the council shall approve 
the permit.  If the council determines that a permit is not in 
accordance with its policy plan, it shall disapprove the 
permit.  The council's approval of permits may be subject to 
conditions necessary to satisfy criteria and standards in its 
policy plan, including conditions respecting the type, 
character, and quantities of waste to be processed at a solid 
waste facility used primarily for resource recovery and the 
geographic territory from which a resource recovery facility or 
transfer station serving such a facility may draw its waste.  
For the purpose of this review and approval by the council, the 
agency shall send a copy of each permit application and any 
supporting information furnished by the applicant to the 
metropolitan council within 15 days after receipt of the 
application and all other information requested from the 
applicant.  Within 60 days after the application and supporting 
information are received by the council, unless a time extension 
is authorized by the agency, the council shall issue to the 
agency in writing its determination whether the permit is 
disapproved, approved, or approved with conditions.  If the 
council does not issue its determination to the agency within 
the 60 day period, unless a time extension is authorized by the 
agency, the permit shall be deemed to be in accordance with the 
council's policy plan.  No permit shall be issued in the 
metropolitan area for a solid waste facility used primarily for 
resource recovery or a transfer station serving such a facility, 
if the facility or station is owned or operated by a public 
agency or if the acquisition or betterment of the facility or 
station is secured by public funds or obligations issued by a 
public agency, unless the council finds and determines that 
adequate markets exist for the products recovered and that 
establishment of the facility is consistent with the criteria 
and standards in the metropolitan and county plans respecting 
the protection of existing resource recovery facilities and 
transfer stations serving such facilities. 
    Sec. 56.  Minnesota Statutes 1984, section 473.852, 
subdivision 8, is amended to read: 
    Subd. 8.  "Metropolitan system plans" means the airports 
portion and transportation portions of the metropolitan 
development guide, and the policy plans, development programs 
implementation plans, and capital budgets for metropolitan waste 
control, transportation, and regional recreation open space. 
    Sec. 57.  [REPORT.] 
    The report required in 1986 by section 18, subdivision 3, 
of this act should be in the scope and detail that the council, 
in consultation with the advisory committee, deems appropriate 
and practicable. 
    Sec. 58.  [EXISTING PLANS.] 
    Existing plans and development programs of the council and 
affected agencies remain in effect until expressly superseded by 
plans adopted in accordance with this act. 
    Sec. 59.  [REPEALER.] 
    Minnesota Statutes 1984, sections 473.01; 473.02; 473.03; 
473.04; 473.05; 473.06; 473.07; 473.08; 473.09; 473.10; 473.11; 
473.121, subdivisions 7 and 9; 473.128; 473.163, subdivisions 3 
and 4; 473.193; 473.203; 473.215; 473.216; 473.217; 473.218; 
473.219; 473.373, subdivision 3; 473.377, subdivisions 2 and 3; 
473.38, subdivision 1; 473.502; 473.523, subdivision 3; and 
473.802 are repealed. 
    Sec. 60.  [APPLICATION.] 
    Sections 1 to 59 of this act apply in the counties of 
Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.  
Sections 13 to 17 of this act are effective for plans and plan 
amendments adopted after January 1, 1987, and do not apply to 
the amendments to the transportation policy plan and transit 
implementation plan required to be adopted in 1986 by Laws 1984, 
chapter 654, article 3, sections 108 and 118. 
    Approved March 25, 1986