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Minnesota Legislature

Office of the Revisor of Statutes

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

  

                         Laws of Minnesota 1992 

                        CHAPTER 514-S.F.No. 2699 
           An act relating to state government; department of 
          administration; modifying the encumbrance process for 
          agency construction projects; modifying authority for 
          building maintenance and leasing; changing 
          requirements for certain agency purchases; amending 
          administration of STARS; changing the date for the 
          department of administration to report recycling 
          goals; providing that the department may retain money 
          from successful litigation; amending auditing 
          requirements for noncommercial radio stations; 
          extending the date for relocating the state printing 
          operation; requiring certain studies; making various 
          technical changes; amending Minnesota Statutes 1990, 
          sections 16A.15, subdivision 3; 16B.09, by adding a 
          subdivision; 16B.121; 16B.24, subdivisions 1 and 5; 
          16B.31, by adding a subdivision; 16B.33, subdivision 
          3; 16B.40, subdivision 8; 16B.465, subdivisions 2, 3, 
          and 6; 16B.58, subdivision 5; 129D.14, subdivisions 3, 
          4, and 6; Minnesota Statutes 1991 Supplement, sections 
          16B.19, subdivision 2b; 103B.311, subdivision 7; 
          115A.15, subdivision 9; and 138.94, subdivision 1; and 
          Laws 1991, chapters 183, section 1; and 345, article 
          1, section 17, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 16A.15, 
subdivision 3, is amended to read: 
    Subd. 3.  [ALLOTMENT AND ENCUMBRANCE.] (a) A payment may 
not be made without prior obligation.  An obligation may not be 
incurred against any fund, allotment, or appropriation unless 
the commissioner has certified a sufficient unencumbered balance 
in the fund, allotment, or appropriation to meet it.  An 
expenditure or obligation authorized or incurred in violation of 
this chapter is invalid and ineligible for payment until made 
valid.  A payment made in violation of this chapter is illegal.  
An employee authorizing or making the payment, or taking part in 
it, and a person receiving any part of the payment, are jointly 
and severally liable to the state for the amount paid or 
received.  If an employee knowingly incurs an obligation or 
authorizes or makes an expenditure in violation of this chapter 
or takes part in the violation, the violation is just cause for 
the employee's removal by the appointing authority or by the 
governor if an appointing authority other than the governor 
fails to do so.  In the latter case, the governor shall give 
notice of the violation and an opportunity to be heard on it to 
the employee and to the appointing authority.  A claim presented 
against an appropriation without prior allotment or encumbrance 
may be made valid on investigation, review, and approval by the 
commissioner, if the services, materials, or supplies to be paid 
for were actually furnished in good faith without collusion and 
without intent to defraud.  The commissioner may then draw a 
warrant to pay the claim just as properly allotted and 
encumbered claims are paid. 
    (b) The commissioner may approve payment for materials and 
supplies in excess of the obligation amount when increases are 
authorized by section 16B.07, subdivision 2. 
    (c) To minimize potential construction delay claims, an 
agency with a project funded by a building appropriation may 
allow a contractor to proceed with supplemental work within the 
limits of the appropriation before money is encumbered.  Under 
this circumstance, the agency may requisition funds and allow 
contractors to expeditiously proceed with a construction 
sequence.  While the contractor is proceeding, the agency shall 
immediately act to encumber the required funds. 
    Sec. 2.  Minnesota Statutes 1990, section 16B.09, is 
amended by adding a subdivision to read: 
    Subd. 6.  [PREFERENCES NOT CUMULATIVE.] The preferences 
provided for under sections 16B.101, 16B.102, 16B.121, 16B.18, 
and 16B.19 are not cumulative.  The total percentage of 
preference granted on a contract may not exceed the highest 
percentage of preference allowed for that contract under any one 
of these statutory sections. 
     Sec. 3.  Minnesota Statutes 1990, section 16B.121, is 
amended to read: 
    16B.121 [PURCHASE OF RECYCLED, REPAIRABLE, AND DURABLE 
MATERIALS.] 
    The commissioner shall take the recycled content and 
recyclability of commodities to be purchased into consideration 
in bid specifications.  The commissioner shall apply weighting 
factors to the recycled content and recyclability criteria in 
order to give a preferential treatment to those criteria.  State 
agencies shall purchase recycled materials when specifications 
allow the practical use of the recycled materials and the price 
does not exceed the price of nonrecycled materials by more than 
ten percent.  If possible, state agencies should purchase 
materials recycled from waste generated in this state.  When 
feasible and when the price of recycled materials does not 
exceed the price of nonrecycled materials by more than ten 
percent, the commissioner, and state agencies when purchasing 
under delegated authority, shall purchase recycled materials.  
In order to maximize the quantity and quality of recycled 
materials purchased, the commissioner, and state agencies when 
purchasing under delegated authority, may also use other 
appropriate procedures to acquire recycled materials at the most 
economical cost to the state. 
    When purchasing commodities and services, the commissioner, 
and state agencies when purchasing under delegated authority, 
shall apply and promote the preferred waste management practices 
listed in section 115A.02, with special emphasis on reduction of 
the quantity and toxicity of materials in waste.  The 
commissioner, and state agencies when purchasing under delegated 
authority, in developing bid specifications, shall consider the 
extent to which a commodity or product is durable, reusable, or 
recyclable and marketable through the state resource recovery 
program. 
    Sec. 4.  Minnesota Statutes 1991 Supplement, section 
16B.19, subdivision 2b, is amended to read: 
    Subd. 2b.  [DESIGNATION OF TARGETED GROUPS.] (a) The 
commissioner of administration shall periodically designate 
businesses that are majority owned and operated by women, 
persons with a substantial physical disability, or specific 
minorities as targeted group businesses within purchasing 
categories the commissioner determines.  A group must be 
targeted within a purchasing category if the commissioner 
determines there is a statistical disparity between the 
percentage of purchasing from businesses owned by group members 
and the representation of businesses owned by group members 
among all businesses in the state in the purchasing category.  
The commissioner must review public agencies' purchasing from 
businesses owned by women, persons with a substantial physical 
disability, and minorities at least once every two years.  The 
commissioner must review the representation of businesses owned 
by these groups among all businesses in the state at least once 
every five years. 
    (b) In addition to designations under paragraph (a), an 
individual business may be included as a targeted group business 
if the commissioner determines that inclusion is necessary to 
remedy discrimination against the owner based on race, gender, 
or disability in attempting to operate a business that would 
provide goods or service to public agencies. 
    (c) The designations of purchasing categories and 
businesses under paragraphs (a) and (b) are not rules for 
purposes of chapter 14, and are not subject to rulemaking 
procedures of that chapter. 
    Sec. 5.  Minnesota Statutes 1990, section 16B.24, 
subdivision 1, is amended to read: 
    Subdivision 1.  [OPERATION AND MAINTENANCE OF BUILDINGS.] 
The commissioner is authorized to maintain and operate the state 
capitol building and grounds, subject to whatever standards and 
policies are set for its appearance and cleanliness by the 
capitol area architectural and planning board and the 
commissioner under section 15.50, subdivision 2, clause (h), and 
the state office building, the judicial center, the historical 
society building, the economic security jobs and training 
buildings in Minneapolis and St. Paul, the state department of 
health building, and the surplus property building, and their 
grounds, and, when the commissioner considers it advisable and 
practicable, any other building or premises owned or rented by 
the state for the use of a state agency.  The commissioner shall 
assign and reassign office space in the capitol and state 
buildings to make an equitable division of available space among 
agencies.  The power granted in this subdivision does not apply 
to state hospitals or to educational, penal, correctional, or 
other institutions not enumerated in this subdivision the 
control of which is vested by law in some other agency.  
    Sec. 6.  Minnesota Statutes 1990, section 16B.24, 
subdivision 5, is amended to read: 
    Subd. 5.  [RENTING OUT STATE PROPERTY.] (a)  [AUTHORITY.] 
The commissioner may rent out state property, real or personal, 
that is not needed for public use, if the rental is not 
otherwise provided for or prohibited by law.  The property may 
not be rented out for more than five years at a time without the 
approval of the state executive council and may never be rented 
out for more than 25 years.  A rental agreement may provide that 
the state will reimburse a tenant for a portion of capital 
improvements that the tenant makes to state real property if the 
state does not permit the tenant to renew the lease at the end 
of the rental agreement. 
     (b)  [RESTRICTIONS.] Paragraph (a) does not apply to state 
trust fund lands, other state lands under the jurisdiction of 
the department of natural resources, lands forfeited for 
delinquent taxes, lands acquired under section 298.22, or lands 
acquired under section 41.56 which are under the jurisdiction of 
the department of agriculture.  
     (c)  [FORT SNELLING CHAPEL; RENTAL.] The Fort Snelling 
Chapel, located within the boundaries of Fort Snelling State 
Park, is available for use only on payment of a rental fee.  The 
commissioner shall establish rental fees for both public and 
private use.  The rental fee for private use by an organization 
or individual must reflect the reasonable value of equivalent 
rental space.  Rental fees collected under this section must be 
deposited in the general fund.  
    (d)  [RENTAL OF LIVING ACCOMMODATIONS.] The commissioner 
shall establish rental rates for all living accommodations 
provided by the state for its employees.  Money collected as 
rent by state agencies pursuant to this paragraph must be 
deposited in the state treasury and credited to the general fund.
    (e)  [LEASE OF SPACE IN CERTAIN STATE BUILDINGS TO STATE 
AGENCIES.] The commissioner may lease portions of the state 
owned buildings in the capitol complex, the capitol square 
building, the health building, and the building at 1246 
University Avenue, St. Paul, Minnesota, to state agencies and 
the court administrator on behalf of the judicial branch of 
state government and charge rent on the basis of space occupied. 
Notwithstanding any law to the contrary, all money collected as 
rent pursuant to the terms of this section shall be deposited in 
the state treasury. Money collected as rent to recover the 
depreciation cost of a building built with state dedicated funds 
shall be credited to the dedicated fund which funded the 
original acquisition or construction.  All other money received 
shall be credited to the general services revolving fund.  
    Sec. 7.  Minnesota Statutes 1990, section 16B.31, is 
amended by adding a subdivision to read: 
    Subd. 7.  [DEPARTMENT MAY KEEP LITIGATION 
MONEY.] Notwithstanding any law to the contrary, the department 
of administration may keep money received from successful 
litigations by or against the department involving capital 
improvements to state buildings.  Awards made to the state or 
the department resulting from litigation against or by the 
department must be kept by the department to the credit of the 
account or accounts from which the litigation and capital 
improvement project were originally funded.  Awards may be used 
to pay for litigation costs and the cost to correct the 
deficiencies which were the subject of the litigation.  The 
department shall report on any awards it receives as part of its 
biennial budget request. 
    Sec. 8.  Minnesota Statutes 1990, section 16B.33, 
subdivision 3, is amended to read: 
    Subd. 3.  [AGENCIES MUST REQUEST DESIGNER.] (a) 
[APPLICATION.] Upon undertaking a project with an estimated cost 
greater than $400,000 $750,000 or a planning project with 
estimated fees greater than $35,000 $60,000, every user agency, 
except the capitol area architectural and planning board, shall 
submit a written request for a primary designer for its project 
to the commissioner, who shall forward the request to the 
board.  The written request must include a description of the 
project, the estimated cost of completing the project, a 
description of any special requirements or unique features of 
the proposed project, and other information which will assist 
the board in carrying out its duties and responsibilities set 
forth in this section.  
    (b) [REACTIVATED PROJECT.] If a project for which a 
designer has been selected by the board becomes inactive, 
lapses, or changes as a result of project phasing, insufficient 
appropriations, or other reasons, the commissioner or the 
University of Minnesota may, if the project is reactivated, 
retain the same designer to complete the project.  
    (c) [FEE LIMIT REACHED AFTER DESIGNER SELECTED.] If a 
project initially estimated to be below the cost and planning 
fee limits of this subdivision has its cost or planning fees 
revised so that the limits are exceeded, the project must be 
referred to the board for designer selection even if a primary 
designer has already been selected.  In this event, the board 
may, without conducting interviews, elect to retain the 
previously selected designer if it determines that the interests 
of the state are best served by that decision and shall notify 
the commissioner of its determination.  
    Sec. 9.  Minnesota Statutes 1990, section 16B.40, 
subdivision 8, is amended to read: 
    Subd. 8.  [DATA SECURITY SYSTEMS.] In consultation with the 
attorney general and appropriate agency heads, the commissioner 
shall develop data security policies, guidelines, and standards, 
and shall install, and administer state data security systems on 
the state's centralized computer facility consistent with state 
law to assure the integrity of computer based and all other data 
and to assure confidentiality of the data, consistent with the 
public's right to know.  Each department or agency head is 
responsible for the security of the department's or agency's 
data. 
    Sec. 10.  Minnesota Statutes 1990, section 16B.465, 
subdivision 2, is amended to read: 
    Subd. 2.  [ADVISORY COUNCIL.] The statewide 
telecommunications access and routing system is managed by the 
commissioner.  Subject to section 15.059, subdivisions 1 to 4, 
the commissioner shall appoint an advisory council to provide 
assistance advice in implementing and operating a statewide 
telecommunications access and routing system.  The council 
consists of: 
    (1) one member appointed by the higher education advisory 
council established by section 136A.02, subdivision 6; 
    (2) the system heads, or their designees, of the University 
of Minnesota, the state university system, the community 
colleges system, and the board of vocational technical 
education; and 
    (3) five members appointed by the governor or the 
governor's designee or designees, four of whom must be agency 
heads or their designees or representatives of political 
subdivisions. 
    No member of the advisory council may be a vendor of 
telecommunications equipment or services or an employee or 
representative of a vendor shall represent the users of STARS 
services and shall include representatives of higher education, 
state agencies, and political subdivisions. 
    Sec. 11.  Minnesota Statutes 1990, section 16B.465, 
subdivision 3, is amended to read: 
    Subd. 3.  [DUTIES.] The commissioner, after consultation 
with the council, shall: 
    (1) provide voice, data, video, and other 
telecommunications transmission services to the state and to 
political subdivisions through the statewide telecommunications 
access routing system revolving fund; 
    (2) appoint a chief executive officer of the system to 
serve in the unclassified service; 
    (3) manage vendor relationships, network function, and 
capacity planning in order to be responsive to the needs of the 
system users; 
    (4) (3) set rates and fees for services; 
    (5) (4) approve contracts relating to the system; 
    (6) (5) develop the system plan, including plans for the 
phasing of its implementation and maintenance of the initial 
system, and the annual program and fiscal plans for the system; 
and 
    (7) (6) develop a plan for interconnection of the network 
with private colleges in the state. 
    Sec. 12.  Minnesota Statutes 1990, section 16B.465, 
subdivision 6, is amended to read: 
    Subd. 6.  [REVOLVING ACCOUNT FUND.] The statewide 
telecommunications access and routing system shall operate as 
part of the intertechnologies revolving account is a separate 
account for the department of administration in the state 
treasury for the receipt of and payment of funds for the 
statewide telecommunications access routing system established 
in subdivision 1 fund.  Money appropriated to the account and 
fees for communications services provided by the statewide 
telecommunications access and routing system must be deposited 
in the account.  Money in the account is appropriated annually 
to the commissioner to operate the statewide telecommunications 
access and routing system. 
    Sec. 13.  Minnesota Statutes 1990, section 16B.58, 
subdivision 5, is amended to read: 
    Subd. 5.  [MONEY COLLECTED.] Money collected by the 
commissioner as rents, charges, or fees in connection with and 
for the use of a parking lot or facility is appropriated to the 
commissioner for the purpose of operating, maintaining, and 
improving, and replacing parking lots or facilities owned or 
operated by the state, including providing necessary and 
suitable uniforms for employees, and to carry out the purposes 
of this section, except as provided in subdivision 7.  
    Sec. 14.  Minnesota Statutes 1991 Supplement, section 
103B.311, subdivision 7, is amended to read: 
    Subd. 7.  [DATA ACQUISITION.] The data collected under this 
section that has common value as determined by the director of 
the office of strategic and long-range planning commissioner of 
administration for natural resources planning must be provided 
and integrated into the Minnesota land management information 
systems geographic and summary data bases according to published 
data compatibility guidelines.  
    Sec. 15.  Minnesota Statutes 1991 Supplement, section 
115A.15, subdivision 9, is amended to read: 
    Subd. 9.  [RECYCLING GOAL.] By December 31, 1993, the 
commissioner shall recycle at least 40 percent by weight of the 
solid waste generated by state offices and other state 
operations located in the metropolitan area.  By August March 1 
of each year the commissioner shall report to the office and the 
metropolitan council the estimated recycling rates by county for 
state offices and other state operations in the metropolitan 
area for the previous fiscal calendar year.  The office shall 
incorporate these figures into the reports submitted by the 
counties under section 115A.557, subdivision 3, to determine 
each county's progress toward the goal in section 115A.551, 
subdivision 2. 
    Each state agency in the metropolitan area shall work to 
meet the recycling goal individually.  If the goal is not met by 
an agency, the commissioner shall notify that agency that the 
goal has not been met and the reasons the goal has not been met 
and shall provide information to the employees in the agency 
regarding recycling opportunities and expectations. 
    Sec. 16.  Minnesota Statutes 1990, section 129D.14, 
subdivision 3, is amended to read: 
    Subd. 3.  [ELIGIBILITY.] To qualify for a grant under this 
section, the licensee shall: 
     (a) Hold a valid noncommercial educational radio station 
license or program test authority from the Federal 
Communications Commission; 
     (b) Have facilities adequate to provide local program 
production and origination; 
     (c) Employ a minimum of two full-time professional radio 
staff persons or the equivalent in part-time staff and agree to 
employ a minimum of two full-time professional radio staff 
persons or the equivalent in part-time staff throughout the 
fiscal year of the grant; 
     (d) Maintain a minimum daily broadcasting schedule of (1) 
the maximum allowed by its Federal Communications Commission 
license or (2) 12 hours a day during the first year of 
eligibility for state assistance, 15 hours a day during the 
second year of eligibility and 18 hours a day during the third 
and following years of eligibility; 
     (e) Broadcast 365 days a year or the maximum number of days 
allowed by its Federal Communications Commission license; 
     (f) Have a daily broadcast schedule devoted primarily to 
programming that serves ascertained community needs of an 
educational, informational or cultural nature within its primary 
signal area; however, a program schedule of a main channel 
carrier designed to further the principles of one or more 
particular religious philosophies or including 25 percent or 
more religious programming on a broadcast day does not meet this 
criterion, nor does a program schedule of a main channel carrier 
designed primarily for in-school or professional in-service 
audiences; 
    (g) Originate significant, locally produced programming 
designed to serve its community of license; 
    (h) Have a total annual operating income and budget of at 
least $50,000; 
    (i) Have either a board of directors representing the 
community or a community advisory board that conducts advisory 
board meetings that are open to the public; 
    (j) Have a board of directors that:  (1) holds the portion 
of any meeting relating to the management or operation of the 
radio station open to the public and (2) permits any person to 
attend any meeting of the board without requiring a person, as a 
condition to attendance at the meeting, to register the person's 
name or to provide any other information; and 
    (k) Have met the criteria in clauses (a) to (j) for six 
months before it is eligible for state assistance under this 
section. 
    The commissioner shall accept the judgment of Corporation 
for Public Broadcasting accepted audit when it is available on a 
station's eligibility for assistance under the criteria of this 
subdivision.  If the station is not qualified for assistance 
from the Corporation for Public Broadcasting, an independent 
audit is required.  If neither is available, the commissioner 
may accept a written declaration of eligibility signed by an 
independent auditor, a certified public accountant, or the chief 
executive officer of the station's parent organization if it is 
an institution of education. 
    Sec. 17.  Minnesota Statutes 1990, section 129D.14, 
subdivision 4, is amended to read: 
    Subd. 4.  [APPLICATION.] To be eligible for a grant under 
this section, a licensee shall submit an application to the 
commissioner within the deadline prescribed by the 
commissioner.  It shall also submit, within the deadline 
prescribed by the commissioner, its audited financial records 
for the fiscal year preceding the year for which the grant will 
be made.  Each noncommercial radio station receiving a grant 
shall report annually within the deadline prescribed by the 
commissioner the purposes for which the money was used in the 
past fiscal year and the anticipated use of the money for the 
next fiscal year.  If the application and report are not 
submitted within the deadline prescribed by the commissioner, 
the grant may be redistributed to the other noncommercial radio 
stations eligible for a grant under this section. 
    Sec. 18.  Minnesota Statutes 1990, section 129D.14, 
subdivision 6, is amended to read: 
    Subd. 6.  [AUDIT.] A station that receives a grant under 
this section shall have an audit of its financial records made 
by an independent auditor or Corporation for Public Broadcasting 
accepted audit at the end of the fiscal year for which it 
received the grant.  The audit shall include a review of station 
promotion, operation, and management and an analysis of the 
station's use of the grant money.  A copy of the audit shall be 
filed with the commissioner.  If neither is available, the 
commissioner may accept a letter of negative assurance from an 
independent auditor or a certified public accountant. 
    Sec. 19.  Minnesota Statutes 1991 Supplement, section 
138.94, subdivision 1, is amended to read: 
    Subdivision 1.  [DESIGNATION.] The building at 160 John 
Ireland Boulevard and the land housing the building, parking 
lot, and any other related facilities is hereby designated as 
the state history center, and is to be used for such purposes 
notwithstanding any other law to the contrary.  Authority for 
administration and control of the state history center is 
conferred on the Minnesota historical society.  The society is 
not exempt from rental or lease costs by the state.  The state 
department of administration will maintain and provide 
custodial, security, and climate control services for the 
history center in accordance with standards established by the 
society.  
    Sec. 20.  Laws 1991, chapter 345, article 1, section 17, 
subdivision 4, is amended to read: 
Subd. 4.  Property Management 
    23,387,000      8,349,000
 $175,000 the first year and $175,000 
the second year from the program's 
total appropriation are for capitol 
area repairs and replacements.  Any 
unencumbered balance remaining in the 
first year does not cancel and is 
available for the second year. 
 $3,825,000 the first year and 
$3,884,000 the second year are for 
office space costs of the legislature 
and veterans organizations, for 
ceremonial space, and for statutorily 
free space. 
 The department of administration shall 
discontinue food service management in 
the state office building for the 
biennium ending June 30, 1993.  Food 
service shall be managed by the house 
rules committee as a pilot project for 
the biennium.  
 $50,000 the first year is for the 
commissioner of administration to study 
the potential uses for the Waseca 
campus.  The commissioner shall appoint 
an advisory committee to assist with 
the study.  The commissioner shall 
report the findings and recommendations 
from the study to the board of regents, 
and the education, appropriations, and 
finance committees of the legislature 
by January 15, 1992.  The appropriation 
is available if matched by $1 of 
nonstate money for each $10 of this 
appropriation. In addition, the board 
of regents of the University of 
Minnesota is requested to provide 
additional funding up to $50,000 to 
assist in the cost of the study. 
 The department of administration in 
consultation with the capitol area 
architectural and planning board shall 
study the historic renovation and 
potential reuse of the Dahl house and 
report to the senate finance and house 
appropriations committees by February 
1, 1992.  
 By June 30, 1992 January 31, 1993, the 
department of administration shall 
relocate the state printing operation 
from the Ford building to a more 
suitable location, preferably outside 
the capitol complex and shall relocate 
and consolidate offices of the attorney 
general in the Ford building.  The Ford 
building shall be remodeled as office 
space. 
 By December 31, 1992, the department of 
administration shall relocate the 
office of the state auditor to a 
location within the capitol complex. 
 $350,000 the first year is for 
developing a framework for an 
integrated infrastructure management 
system including the establishment of a 
database of building classification 
standards.  The commissioner of 
administration shall report by January 
1, 1992, on the time and cost of 
continuing the program for fiscal year 
1993. 
 $961,000 the first year is to improve 
security at state parking ramps and 
lots, to be available upon final 
enactment. 
 $13,781,000 is for the costs relating 
to agency relocation, consolidation, 
and collocation, to be available upon 
final enactment. 
     Sec. 21.  [TRANSFER.] 
    The responsibilities of the director of the office of 
strategic and long-range planning for the office of dispute 
resolution and groundwater information clearinghouse are 
transferred under Minnesota Statutes, section 15.039, to the 
commissioner of administration. 
     Sec. 22.  [METROPOLITAN DISPOSAL SYSTEM RATE STRUCTURE 
STUDY.] 
    Subdivision 1.  [COUNCIL CONTRACT WITH THE UNIVERSITY.] The 
metropolitan council shall contract with the board of regents of 
the University of Minnesota to conduct the study described in 
this section.  The contract amount may not exceed $100,000.  The 
council and the metropolitan waste control commission shall 
cooperate with and as requested by the university as it conducts 
the study.  Council costs, including the contract costs incurred 
by the council, shall be paid for by the metropolitan waste 
control commission under Minnesota Statutes, section 473.164. 
    Subd. 2.  [STUDY.] The university shall study the 
allocation of current costs, as defined in Minnesota Statutes, 
section 473.517, subdivision 1, among local government units in 
the metropolitan area in order to examine the social, economic, 
and environmental effects resulting from (1) the allocation of 
current costs to communities within service areas for which the 
costs are attributable versus, and (2) the allocation of current 
costs to communities uniformly throughout the metropolitan 
area.  The study may consider various configurations of service 
areas, and must consider service areas reasonably consistent 
with the council's geographic policy areas, as defined in the 
council's development and investment framework.  The study must 
specifically address the effects of alternative cost allocation 
methods on the council-defined fully developed area.  The study 
may consider effects arising from the location and placement of 
other infrastructure elements on the fully developed and 
developing areas. 
    Subd. 3.  [REPORTS TO THE LEGISLATURE.] The council shall 
submit the university's study report to the legislature along 
with the council's and the commission's comments on the study 
report by January 4, 1993.  
    Sec. 23.  Laws 1991, chapter 183, section 1, is amended to 
read: 
    Section 1.  [FULLY DEVELOPED AREA; STUDY.] 
    The metropolitan council must conduct a study of the 
development patterns and needs in the council-defined fully 
developed area.  The council must direct its staff to: 
    (1) examine both the development patterns and the migration 
patterns in the fully developed area that have occurred in the 
last 20 years with special attention to household composition; 
    (2) compare the relative public costs of redevelopment in 
the fully developed area with the costs of development within 
the council-defined developing area.  This work should include, 
but is not limited to, transportation and transit, wastewater 
treatment, public safety services, housing, and education; 
    (3) examine the changing demographics of the fully 
developed area and other areas within the metropolitan region, 
and make projections regarding the economic and social condition 
of the fully developed area; 
    (4) examine the anticipated effects of a light rail transit 
system on the economic and social condition of the fully 
developed area; and 
    (5) recommend changes that would encourage the economic and 
social strengthening of the fully developed area. 
    In conducting its study, the council must use, along with 
other information, any available data from the 1990 census.  The 
council must present its the analysis, findings, and preliminary 
policy options and recommendations identified by council staff 
to the legislature by February 15, 1994.  The council must also 
present interim briefings to the legislature on work in progress 
at least annually between the effective date of this act and the 
completion of the study. 
    Sec. 24.  [EFFECTIVE DATE; APPLICATION.] 
     Section 11 is effective July 1, 1992.  Sections 1 to 10, 12 
to 20, 22, and 23 are effective the day following final 
enactment.  Sections 22 and 23 apply in the counties of Anoka, 
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
    Presented to the governor April 17, 1992 
    Signed by the governor April 29, 1992, 7:51 a.m.