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Minnesota Session Laws - 1994, Regular Session

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

                            CHAPTER 628-S.F.No. 2015 
                  An act relating to metropolitan government; abolishing 
                  certain agencies; providing for a regional 
                  administrator and a management team; imposing 
                  organizational requirements; imposing duties; 
                  clarifying existing provisions and making conforming 
                  changes; amending Minnesota Statutes 1992, sections 
                  6.76; 15.0597, subdivision 1; 15A.081, subdivision 7; 
                  15A.082, subdivision 3; 16B.58, subdivision 7; 116.16, 
                  subdivision 2; 116.182, subdivision 1; 161.173; 
                  161.174; 169.781, subdivision 1; 169.791, subdivision 
                  5; 169.792, subdivision 11; 221.022; 221.041, 
                  subdivision 4; 221.071, subdivision 1; 221.295; 
                  297B.09, subdivision 1; 352.03, subdivision 1; 352.75; 
                  422A.01, subdivision 9; 422A.101, subdivision 2a; 
                  471A.02, subdivision 8; 473.121, subdivisions 5a and 
                  24; 473.123, subdivisions 1, 2a, 4, and by adding 
                  subdivisions; 473.129; 473.13, subdivision 4; 473.146, 
                  subdivisions 1 and 4; 473.149, subdivision 3; 
                  473.1623, subdivision 2; 473.164; 473.168, subdivision 
                  2; 473.173, subdivisions 3 and 4; 473.223; 473.303, 
                  subdivisions 2, 3a, 4, 4a, 5, and 6; 473.371, 
                  subdivision 1; 473.373, subdivision 1a; 473.375, 
                  subdivisions 4, 11, 12, 13, 14, 15, and 18; 473.382; 
                  473.384, subdivisions 1, 3, 4, 5, 6, 7, and 8; 
                  473.385; 473.386, subdivisions 1, 2, 3, 4, 5, and 6; 
                  473.387, subdivisions 2, 3, and 4; 473.388, 
                  subdivisions 2, 3, 4, and 5; 473.39, subdivisions 1, 
                  1a, 1b, and by adding a subdivision; 473.391; 473.392; 
                  473.394; 473.399, as amended; 473.405, subdivisions 1, 
                  3, 4, 5, 9, 10, 12, and 15; 473.408, subdivisions 1, 
                  2, 2a, 4, 6, and 7; 473.409; 473.411, subdivisions 3 
                  and 4; 473.415, subdivisions 1, 2, and 3; 473.416; 
                  473.418; 473.42; 473.436, subdivisions 2, 3, and 6; 
                  473.446, subdivisions 1, 1a, 2, 3, and 7; 473.448; 
                  473.449; 473.504, subdivisions 4, 5, 6, 9, 10, 11, and 
                  12; 473.511, subdivisions 1, 2, 3, and 4; 473.512, 
                  subdivision 1; 473.513; 473.515, subdivisions 1, 2, 
                  and 3; 473.5155, subdivisions 1 and 3; 473.516, 
                  subdivisions 2, 3, 4, and 5; 473.517, subdivisions 1, 
                  2, 3, 6, and 9; 473.519; 473.521, subdivisions 1, 2, 
                  3, and 4; 473.523, subdivisions 1 and 2; 473.535; 
                  473.541, subdivision 2; 473.542; 473.543, subdivisions 
                  1, 2, 3, and 4; 473.545; 473.547; 473.549; 473.553, 
                  subdivisions 1, 2, 4, 5, and by adding subdivisions; 
                  473.561; 473.595, subdivision 3; 473.605, subdivision 
                  2; 473.823, subdivision 3; and 473.852, subdivisions 8 
                  and 10; Minnesota Statutes 1993 Supplement, sections 
                  10A.01, subdivision 18; 15A.081, subdivision 1; 
                  115.54; 174.32, subdivision 2; 216C.15, subdivision 1; 
                  221.025; 221.031, subdivision 3a; 275.065, 
                  subdivisions 3 and 5a; 352.01, subdivisions 2a and 2b; 
                  352D.02, subdivision 1; 353.64, subdivision 7a; 
                  400.08, subdivision 3; 473.13, subdivision 1; 
                  473.1623, subdivision 3; 473.167, subdivision 1; 
                  473.386, subdivision 2a; 473.3994, subdivision 10; 
                  473.3997; 473.4051; 473.407, subdivisions 1, 2, 3, 4, 
                  5, and 6; 473.411, subdivision 5; 473.446, subdivision 
                  8; 473.516, subdivision 1; and 473.604, subdivision 1; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 473; repealing Minnesota Statutes 1992, 
                  sections 115A.03, subdivision 20; 115A.33; 174.22, 
                  subdivision 4; 473.121, subdivisions 14a, 15, and 21; 
                  473.122; 473.123, subdivisions 5 and 6; 473.141, as 
                  amended; 473.146, subdivisions 2, 2a, 2b, and 2c; 
                  473.153; 473.161; 473.163; 473.181, subdivision 3; 
                  473.325, subdivision 5; 473.373, as amended; 473.375, 
                  subdivisions 1, 2, 3, 4, 5, 6, 7, 10, 16, 17, and 18; 
                  473.377; 473.38; 473.384, subdivision 9; 473.388, 
                  subdivision 6; 473.404, as amended; 473.405, 
                  subdivisions 2, 6, 7, 8, 11, 13, and 14; 473.417; 
                  473.435; 473.436, subdivision 7; 473.445, subdivisions 
                  1 and 3; 473.501, subdivision 2; 473.503; 473.504, 
                  subdivisions 1, 2, 3, 7, and 8; 473.511, subdivision 
                  5; 473.517, subdivision 8; 473.543, subdivision 5; and 
                  473.553, subdivision 4a; Minnesota Statutes 1993 
                  Supplement, section 473.3996, subdivisions 1 and 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1 
                       METROPOLITAN COUNCIL ORGANIZATION
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        15A.081, subdivision 1, is amended to read: 
           Subdivision 1.  [SALARY RANGES.] The governor shall set the 
        salary rate within the ranges listed below for positions 
        specified in this subdivision, upon approval of the legislative 
        commission on employee relations and the legislature as provided 
        by section 43A.18, subdivisions 2 and 5: 
                                  Salary Range 
                                   Effective 
                                  July 1, 1987 
        $57,500-$78,500 
           Commissioner of finance; 
           Commissioner of education; 
           Commissioner of transportation; 
           Commissioner of human services; 
           Commissioner of revenue; 
           Commissioner of public safety; 
           Executive director, state board of investment; 
        $50,000-$67,500 
           Commissioner of administration; 
           Commissioner of agriculture; 
           Commissioner of commerce; 
           Commissioner of corrections; 
           Commissioner of jobs and training; 
           Commissioner of employee relations; 
           Commissioner of health; 
           Commissioner of labor and industry; 
           Commissioner of natural resources; 
           Commissioner of trade and economic development; 
           Chief administrative law judge; office of administrative 
           hearings; 
           Commissioner, pollution control agency; 
           Director, office of waste management; 
           Commissioner, housing finance agency; 
           Executive director, public employees retirement 
           association; 
           Executive director, teacher's retirement association; 
           Executive director, state retirement system; 
           Chair, metropolitan council; 
           Chair, regional transit board; 
        $42,500-$60,000 
           Commissioner of human rights; 
           Commissioner, department of public service; 
           Commissioner of veterans affairs; 
           Commissioner, bureau of mediation services; 
           Commissioner, public utilities commission; 
           Member, transportation regulation board; 
           Ombudsman for corrections; 
           Ombudsman for mental health and retardation. 
           Sec. 2.  Minnesota Statutes 1992, section 15A.082, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SUBMISSION OF RECOMMENDATIONS.] (a) By May 1 in 
        each odd-numbered year, the compensation council shall submit to 
        the speaker of the house of representatives and the president of 
        the senate salary recommendations for constitutional officers, 
        legislators, justices of the supreme court, and judges of the 
        court of appeals, district court, county court, and county 
        municipal court.  The recommended salary for each office must 
        take effect on July 1 of the next odd-numbered year, with no 
        more than one adjustment, to take effect on July 1 of the year 
        after that.  The salary recommendations for legislators, judges, 
        and constitutional officers take effect if an appropriation of 
        money to pay the recommended salaries is enacted after the 
        recommendations are submitted and before their effective date.  
        Recommendations may be expressly modified or rejected.  The 
        salary recommendations for legislators are subject to additional 
        terms that may be adopted according to section 3.099, 
        subdivisions 1 and 3. 
           (b) The council shall also submit to the speaker of the 
        house of representatives and the president of the senate 
        recommendations for the salaries of members of the metropolitan 
        council. 
           Sec. 3.  Minnesota Statutes 1993 Supplement, section 
        352D.02, subdivision 1, is amended to read: 
           Subdivision 1.  [COVERAGE.] (a) Employees enumerated in 
        paragraph (b), if they are in the unclassified service of the 
        state or metropolitan council and are eligible for coverage 
        under the general state employees retirement plan under chapter 
        352, are participants in the unclassified program under this 
        chapter unless the employee gives notice to the executive 
        director of the Minnesota state retirement system within one 
        year following the commencement of employment in the 
        unclassified service that the employee desires coverage under 
        the general state employees retirement plan.  For the purposes 
        of this chapter, an employee who does not file notice with the 
        executive director is deemed to have exercised the option to 
        participate in the unclassified plan. 
           (b) Enumerated employees are: 
           (1) an employee in the office of the governor, lieutenant 
        governor, secretary of state, state auditor, state treasurer, 
        attorney general, or an employee of the state board of 
        investment; 
           (2) the head of a department, division, or agency created 
        by statute in the unclassified service, an acting department 
        head subsequently appointed to the position, or an employee 
        enumerated in section 15A.081, subdivision 1 or 15A.083, 
        subdivision 4; 
           (3) a permanent, full-time unclassified employee of the 
        legislature or a commission or agency of the legislature or a 
        temporary legislative employee having shares in the supplemental 
        retirement fund as a result of former employment covered by this 
        chapter, whether or not eligible for coverage under the 
        Minnesota state retirement system; 
           (4) a person other than an employee of the state board of 
        technical colleges who is employed in a position established 
        under section 43A.08, subdivision 1, clause (3), or subdivision 
        1a, or in a position authorized under a statute creating or 
        establishing a department or agency of the state, which is at 
        the deputy or assistant head of department or agency or director 
        level; 
           (5) the chair, chief administrator, and not to exceed nine 
        positions at the division director or administrative deputy 
        level of the metropolitan waste control commission as designated 
        by the commission; the chair, executive director, and not to 
        exceed three positions at the division director or assistant to 
        the chair level of the regional transit board; a chief 
        administrator who is an employee of the metropolitan transit 
        commission; and the chair, executive director, and not to exceed 
        nine positions at the division director or administrative deputy 
        level of the metropolitan council as designated by the council; 
        provided that upon initial designation of all positions provided 
        for in this clause, no further designations or redesignations 
        may be made without approval of the board of directors of the 
        Minnesota state retirement system; 
           (6) the executive director, associate executive director, 
        and not to exceed nine positions of the higher education 
        coordinating board in the unclassified service, as designated by 
        the higher education coordinating board before January 1, 1992, 
        or subsequently redesignated with the approval of the board of 
        directors of the Minnesota state retirement system, unless the 
        person has elected coverage by the individual retirement account 
        plan under chapter 354B; 
           (7) the clerk of the appellate courts appointed under 
        article VI, section 2, of the Constitution of the state of 
        Minnesota; 
           (8) the chief executive officers of correctional facilities 
        operated by the department of corrections and of hospitals and 
        nursing homes operated by the department of human services; 
           (9) an employee whose principal employment is at the state 
        ceremonial house; 
           (10) an employee of the Minnesota educational computing 
        corporation; 
           (11) an employee of the world trade center board; 
           (12) an employee of the state lottery board who is covered 
        by the managerial plan established under section 43A.18, 
        subdivision 3; 
           (13) an employee of the state board of technical colleges 
        employed in a position established under section 43A.08, 
        subdivision 1, clause (3), or 1a, unless the person has elected 
        coverage by the individual retirement account plan under chapter 
        354B; and 
           (14) an employee of the higher education board in a 
        position established under section 136E.04, subdivision 2, 
        unless the person has elected coverage by the individual 
        retirement account plan under chapter 354B.  
           Sec. 4.  Minnesota Statutes 1992, section 473.123, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CREATION.] A metropolitan council with 
        jurisdiction in the metropolitan area is created established as 
        a public corporation and political subdivision of the state.  It 
        shall be under the supervision and control of 17 members, all of 
        whom shall be residents of the metropolitan area. 
           Sec. 5.  Minnesota Statutes 1992, section 473.123, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [TERMS.] Following each apportionment of council 
        districts, as provided under subdivision 3a, council members 
        must be appointed from newly drawn districts as provided in 
        subdivision 3a.  Each council member, other than the chair, must 
        reside in the council district represented.  Each council 
        district must be represented by one member of the council.  The 
        terms of members 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 end with the term of the 
        governor, except that all terms expire on the effective date of 
        the next apportionment.  A member serves at the pleasure of the 
        governor.  A member shall continue to serve the member's 
        district until a successor is appointed and qualified; except 
        that, following each apportionment, the member shall continue to 
        serve at large until the governor appoints 16 council members, 
        one from each of the newly drawn council districts as provided 
        under subdivision 3a, to serve terms as provided under this 
        section.  The appointment to the council must be made by the 
        first Monday in March of the year in which the term ends.  
           Sec. 6.  Minnesota Statutes 1992, section 473.123, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CHAIR; APPOINTMENT, OFFICERS, SELECTION; DUTIES 
        AND COMPENSATION.] (a) The chair of the metropolitan council 
        shall be appointed by the governor as the 17th voting member 
        thereof by and with the advice and consent of the senate to 
        serve at the pleasure of the governor to represent the 
        metropolitan area at large.  Senate confirmation shall be as 
        provided by section 15.066.  The chair shall be a person 
        experienced in the field of municipal and urban affairs with 
        administrative training and executive ability. 
           (b)  The chair of the metropolitan council shall, if 
        present, preside at the meetings of the metropolitan council and 
        shall act as principal executive officer.  The chair shall 
        organize the work of the metropolitan council, appoint all 
        officers and employees thereof, subject to the approval of the 
        metropolitan council, and be responsible for carrying out all 
        policy decisions of the metropolitan council.  The chair's 
        salary shall be as provided in section 15A.081.  The chair shall 
        be eligible for expenses in the same manner and amount as state 
        employees, have the primary responsibility for meeting with 
        local elected officials, serve as the principal legislative 
        liaison, present to the governor and the legislature, after 
        council approval, the council's plans for regional governance 
        and operations, serve as the principal spokesperson of the 
        council, and perform other duties assigned by the council or by 
        law. 
           (b) The metropolitan council shall elect other officers as 
        it deems necessary for the conduct of its affairs for a one-year 
        term.  A secretary and treasurer need not be members of the 
        metropolitan council.  Meeting times and places shall be fixed 
        by the metropolitan council and special meetings may be called 
        by a majority of the members of the metropolitan council or by 
        the chair.  The chair and each metropolitan council member shall 
        be reimbursed for actual and necessary expenses.  The annual 
        budget of the council shall provide as a separate account 
        anticipated expenditures for compensation, travel, and 
        associated expenses for the chair and members, and compensation 
        or reimbursement shall be made to the chair and members only 
        when budgeted. 
           (c) Each member of the council shall attend and participate 
        in council meetings and meet regularly with local elected 
        officials and legislative members from the council member's 
        district.  Each council member shall serve on at least one 
        division committee for transportation, environment, or community 
        development. 
           (d) In the performance of its duties the metropolitan 
        council may adopt policies and procedures governing its 
        operation, establish committees, and, when specifically 
        authorized by law, make appointments to other governmental 
        agencies and districts.  
           Sec. 7.  Minnesota Statutes 1992, section 473.123, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [PERFORMANCE AND BUDGET ANALYST.] The council, 
        other than the chair, may hire a performance and budget analyst 
        to assist the 16 council members with policy and budget analysis 
        and evaluation of the council's performance.  The analyst may 
        recommend and the council may hire up to two additional analysts 
        to assist the council with performance evaluation and budget 
        analysis.  The analyst and any additional analysts hired shall 
        serve at the pleasure of the council members.  The 16 members of 
        the council may prescribe all terms and conditions for the 
        employment of the analyst and any additional analysts hired, 
        including, but not limited to, the fixing of compensation, 
        benefits, and insurance.  The analyst shall prepare the budget 
        for the provisions of this section and submit the budget for 
        council approval and inclusion in the council's overall budget. 
           Sec. 8.  [SALARIES OF MEMBERS.] 
           Until changed in law after recommendation by the 
        compensation council as provided in Minnesota Statutes, section 
        15A.082, the chair of the metropolitan council shall receive a 
        salary of $52,500 per year, and the other members shall receive 
        a salary of $20,000 per year. 
           Sec. 9.  [METROPOLITAN COUNCIL EXECUTIVE DIRECTOR.] 
           The executive director of the metropolitan council, 
        appointed as provided in Minnesota Statutes 1992, section 
        473.123, subdivision 6, shall serve as the regional 
        administrator at the pleasure of the council. 
           Sec. 10.  [REPEALER.] 
           Minnesota Statutes 1992, section 473.123, subdivisions 5 
        and 6, are repealed. 
           Sec. 11.  [APPLICATION.] 
           This article applies in the counties of Anoka, Carver, 
        Dakota, Hennepin, Ramsey, Scott, and Washington.  
           Sec. 12.  [EFFECTIVE DATE.] 
           This article is effective the first Monday in January 1995. 
                                   ARTICLE 2
               REGIONAL ADMINISTRATOR; TRANSITIONAL ORGANIZATION
           Section 1.  Minnesota Statutes 1992, section 473.123, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [GENERAL COUNSEL.] The council may appoint a 
        general counsel to serve at the pleasure of the council. 
           Sec. 2.  [473.125] [REGIONAL ADMINISTRATOR.] 
           The metropolitan council shall appoint a regional 
        administrator to serve at the council's pleasure as the 
        principal administrative officer for the metropolitan council.  
        The regional administrator shall organize the work of the 
        council staff.  The regional administrator shall appoint on the 
        basis of merit and fitness, and discipline and discharge all 
        employees in accordance with the council's personnel policy, 
        except (1) the performance and budget analysts provided for in 
        section 473.123, subdivision 7, (2) the general counsel, as 
        provided in section 473.123, subdivision 8, (3) employees of the 
        offices of wastewater services and transit operations, who are 
        appointed, disciplined, and discharged in accordance with 
        council personnel policies by their respective operations 
        managers, and (4) as provided in sections 3 and 4.  The regional 
        administrator must ensure that all policy decisions of the 
        council are carried out.  The regional administrator shall 
        attend meetings of the council and may take part in discussions 
        but may not vote.  The regional administrator shall recommend to 
        the council for adoption measures deemed necessary for efficient 
        administration of the council, keep the council fully apprised 
        of the financial condition of the council, and prepare and 
        submit an annual budget to the council for approval.  The 
        regional administrator shall prepare and submit for approval by 
        the council an administrative code organizing and codifying the 
        policies of the council, and perform other duties as prescribed 
        by the council.  The regional administrator may be chosen from 
        among the citizens of the nation at large, and shall be selected 
        on the basis of training and experience in public administration.
           Sec. 3.  [TRANSITIONAL ORGANIZATION.] 
           Subdivision 1.  [PERIOD OF EFFECT.] Except as otherwise 
        expressly provided in this section, this section is effective 
        June 1, 1994, and expires the first Monday in January 1996. 
           Subd. 2.  [DIVISIONS.] The metropolitan council has four 
        divisions:  
           (1) transportation; 
           (2) environment; 
           (3) community development; and 
           (4) administration. 
           Subd. 3.  [REGIONAL ADMINISTRATOR AND MANAGEMENT TEAM.] (a) 
        The regional administrator must recommend for council approval 
        persons to serve in the positions enumerated in this paragraph: 
           (1) the director of the transportation division; 
           (2) the director of the environment division; 
           (3) the director of the community development division; 
           (4) the director of the administration division; 
           (5) the manager of transit operations; 
           (6) the manager of wastewater services; and 
           (7) the general counsel. 
           (b) Except for the general counsel, the persons appointed 
        to the positions enumerated in paragraph (a) may be removed by 
        the regional administrator without the approval of the council. 
           (c) The regional administrator is the head of the 
        metropolitan council's senior management team made up of the 
        regional administrator and at least the persons serving in the 
        positions enumerated in paragraph (a). 
           (d) The manager of transit operations and the manager of 
        wastewater services appoints, disciplines, and discharges the 
        employees of the manager's respective office in accordance with 
        the council's personnel policy. 
           (e) The management team shall advise the regional 
        administrator on the overall operation of the metropolitan 
        council. 
           (f) This subdivision is effective the first Monday in 
        January 1995. 
           Subd. 4.  [COUNCIL COMMITTEES.] The council must have a 
        transportation division committee, an environment division 
        committee, a community development committee, and other 
        committees it considers appropriate.  Each division committee 
        must meet regularly to oversee the operations of its respective 
        division and recommend policy to the full council with respect 
        to its division.  
           Subd. 5.  [INTERAGENCY MONEY TRANSFERS.] Except to 
        reimburse the council for costs incurred by the council in the 
        discharge of its responsibilities relating to the office of 
        wastewater services or the office of transit operations, no 
        money may be transferred from a fund or account of a 
        metropolitan agency abolished by section 4 or its successor fund 
        or account, to a fund or account of another agency abolished by 
        section 4, or its successor fund or account, or to a fund or 
        account of the metropolitan council during the period this 
        section is effective without ten days' written notice of the 
        proposed action to each council member and approval of 
        three-fourths of the full membership of the council. 
           Sec. 4.  [ABOLISHED AGENCIES, SUCCESSORS, PERSONNEL.] 
           Subdivision 1.  [REGIONAL TRANSIT BOARD.] The terms of the 
        regional transit board members and chair expire October 1, 
        1994.  Permanent or regular staff employed as of March 1, 1994, 
        by the regional transit board may not be terminated by 
        discharge, except for cause, or by layoff before the first 
        Monday in January 1995.  The regional transit board described in 
        Minnesota Statutes 1992, section 473.373, is abolished.  Its 
        duties and responsibilities are transferred to the metropolitan 
        council.  Its activities are assumed by the transportation 
        division of the metropolitan council.  Policy with respect to 
        those activities must be recommended by the transportation 
        division committee of the metropolitan council to the full 
        council.  The metropolitan council is the successor entity to 
        the regional transit board with respect to all of the board's 
        property, interests, and obligations. 
           Subd. 2.  [METROPOLITAN TRANSIT COMMISSION.] The terms of 
        the metropolitan transit commission members expire July 1, 
        1994.  Permanent or regular staff employed as of March 1, 1994, 
        by the metropolitan transit commission may not be terminated by 
        discharge, except for cause, or by layoff before the first 
        Monday in January 1996.  The metropolitan transit commission 
        described in Minnesota Statutes 1992, section 473.404, is 
        abolished.  Its duties and responsibilities are transferred to 
        the metropolitan council.  Its activities are assumed by the 
        transportation division of the metropolitan council.  Policy 
        with respect to those activities must be recommended by the 
        transportation division committee of the metropolitan council to 
        the full council.  The metropolitan council is the successor 
        entity to the metropolitan transit commission with respect to 
        all of the commission's property, interests, and obligations.  
        All of the operations managed by the commission are transferred 
        to the office of transit operations of the transportation 
        division of the metropolitan council. 
           Subd. 3.  [METROPOLITAN WASTE CONTROL COMMISSION.] The 
        terms of the metropolitan waste control commission members and 
        chair expire July 1, 1994.  Permanent or regular staff employed 
        as of March 1, 1994, by the metropolitan waste control 
        commission may not be terminated by discharge, except for cause, 
        or by layoff before the first Monday in January 1996.  The 
        metropolitan waste control commission described in Minnesota 
        Statutes 1992, section 473.503, is abolished.  Its duties and 
        responsibilities are transferred to the metropolitan council.  
        Its activities are assumed by the environment division of the 
        metropolitan council.  Policy with respect to those activities 
        must be recommended by the environment division committee of the 
        metropolitan council to the full council.  The metropolitan 
        council is the successor entity to the metropolitan waste 
        control commission with respect to all the commission's 
        property, interests, obligations, and rules.  All of the 
        operations managed by the commission are transferred to the 
        office of wastewater services of the environment division of the 
        metropolitan council. 
           Subd. 4.  [METROPOLITAN COUNCIL EMPLOYEES.] Permanent or 
        regular staff employed by the metropolitan council as of March 
        1, 1994, may not be terminated by discharge, except for cause, 
        or by layoff before the first Monday in January 1996.  This act 
        does not abrogate or change any rights enjoyed by the employees 
        of the metropolitan council under the terms of a collective 
        bargaining agreement that is authorized by Minnesota Statutes, 
        section 179A.20, and that is in effect on March 1, 1994. 
           Subd. 5.  [UNION RIGHTS PRESERVED.] This act does not 
        abrogate or change any rights enjoyed by employees of agencies 
        abolished by this section under the terms of a collective 
        bargaining agreement that is authorized by Minnesota Statutes, 
        section 179A.20 and that is in effect on March 1, 1994. 
           Sec. 5.  [APPLICATION.] 
           This article applies in the counties of Anoka, Carver, 
        Dakota, Ramsey, Scott, and Washington. 
           Sec. 6.  [EFFECTIVE DATES.] 
           Sections 1 and 2 are effective the first Monday in January 
        1995.  Section 3 is effective as provided in section 3.  Section 
        4, subdivision 1, is effective October 1, 1994.  The remainder 
        of section 4 is effective July 1, 1994. 
                                   ARTICLE 3
                       CLARIFYING AND CONFORMING CHANGES
           Section 1.  Minnesota Statutes 1992, section 6.76, is 
        amended to read: 
           6.76 [LOCAL GOVERNMENTAL EXPENDITURES FOR LOBBYISTS.] 
           On or before January 31, 1990, and each year thereafter, 
        all counties, cities, school districts, metropolitan agencies, 
        regional railroad authorities, and the regional transit board 
        metropolitan council shall report to the state auditor, on forms 
        prescribed by the auditor, their estimated expenditures paid for 
        the previous calendar year to a lobbyist as defined in section 
        10A.01, subdivision 11, and to any staff person not registered 
        as a lobbyist, over 25 percent of whose time is spent during the 
        legislative session on legislative matters. 
           Sec. 2.  Minnesota Statutes 1993 Supplement, section 
        10A.01, subdivision 18, is amended to read: 
           Subd. 18.  "Public official" means any: 
           (a) member of the legislature; 
           (b) constitutional officer in the executive branch and the 
        officer's chief administrative deputy; 
           (c) member, chief administrative officer or deputy chief 
        administrative officer of a state board or commission which has 
        at least one of the following powers:  (i) the power to adopt, 
        amend or repeal rules, or (ii) the power to adjudicate contested 
        cases or appeals; 
           (d) commissioner, deputy commissioner, or assistant 
        commissioner of any state department as designated pursuant to 
        section 15.01; 
           (e) individual employed in the executive branch who is 
        authorized to adopt, amend or repeal rules or adjudicate 
        contested cases; 
           (f) executive director of the state board of investment; 
           (g) executive director of the Indian affairs intertribal 
        board; 
           (h) commissioner of the iron range resources and 
        rehabilitation board; 
           (i) commissioner of mediation services; 
           (j) deputy of any official listed in clauses (e) to (i); 
           (k) judge of the workers' compensation court of appeals; 
           (l) administrative law judge or compensation judge in the 
        state office of administrative hearings or referee in the 
        department of jobs and training; 
           (m) solicitor general or deputy, assistant or special 
        assistant attorney general; 
           (n) individual employed by the legislature as secretary of 
        the senate, legislative auditor, chief clerk of the house, 
        revisor of statutes, or researcher, legislative analyst, or 
        attorney in the office of senate counsel and research or house 
        research; 
           (o) member or chief administrative officer, regional 
        administrator, division director, general counsel, or operations 
        manager of the metropolitan council, regional transit board, 
        metropolitan transit commission, metropolitan waste control 
        commission, metropolitan parks and open spaces commission, 
        metropolitan airports commission or metropolitan sports 
        facilities commission; 
           (p) the director of the racing commission, the director of 
        the gambling control board, the director of the state lottery, 
        and the deputy director of the state lottery; 
           (q) director of the division of gambling enforcement in the 
        department of public safety; 
           (r) member or executive director of the higher education 
        facilities authority; or 
           (s) member of the board of directors or president of the 
        Minnesota world trade center corporation; or 
           (t) member or chief administrator of a metropolitan agency. 
           Sec. 3.  Minnesota Statutes 1992, section 15.0597, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section, the 
        following terms shall have the meanings given them. 
           (a) "Agency" means (1) a state board, commission, council, 
        committee, authority, task force, including an advisory task 
        force created under section 15.014 or 15.0593, or other similar 
        multimember agency created by statute and having statewide 
        jurisdiction; and (2) the metropolitan council, regional transit 
        board, metropolitan airports commission, metropolitan parks and 
        open space commission, metropolitan sports facilities 
        commission, metropolitan waste control commission metropolitan 
        agency, capitol area architectural and planning board, and any 
        agency with a regional jurisdiction created in this state 
        pursuant to an interstate compact. 
           (b) "Vacancy" or "vacant agency position" means (1) a 
        vacancy in an existing agency, or (2) a new, unfilled agency 
        position; provided that "vacancy" shall not mean (1) a vacant 
        position on an agency composed exclusively of persons employed 
        by a political subdivision or another agency, or (2) a vacancy 
        to be filled by a person required to have a specific title or 
        position. 
           (c) "Secretary" means the secretary of state. 
           Sec. 4.  Minnesota Statutes 1993 Supplement, section 
        15A.081, subdivision 1, is amended to read: 
           Subdivision 1.  [SALARY RANGES.] The governor shall set the 
        salary rate within the ranges listed below for positions 
        specified in this subdivision, upon approval of the legislative 
        commission on employee relations and the legislature as provided 
        by section 43A.18, subdivisions 2 and 5: 
                                  Salary Range 
                                   Effective 
                                  July 1, 1987 
        $57,500-$78,500 
           Commissioner of finance; 
           Commissioner of education; 
           Commissioner of transportation; 
           Commissioner of human services; 
           Commissioner of revenue; 
           Commissioner of public safety; 
           Executive director, state board of investment; 
        $50,000-$67,500 
           Commissioner of administration; 
           Commissioner of agriculture; 
           Commissioner of commerce; 
           Commissioner of corrections; 
           Commissioner of jobs and training; 
           Commissioner of employee relations; 
           Commissioner of health; 
           Commissioner of labor and industry; 
           Commissioner of natural resources; 
           Commissioner of trade and economic development; 
           Chief administrative law judge; office of administrative 
           hearings; 
           Commissioner, pollution control agency; 
           Director, office of waste management; 
           Commissioner, housing finance agency; 
           Executive director, public employees retirement 
           association; 
           Executive director, teacher's retirement association; 
           Executive director, state retirement system; 
           Chair, metropolitan council; 
           Chair, regional transit board; 
        $42,500-$60,000 
           Commissioner of human rights; 
           Commissioner, department of public service; 
           Commissioner of veterans affairs; 
           Commissioner, bureau of mediation services; 
           Commissioner, public utilities commission; 
           Member, transportation regulation board; 
           Ombudsman for corrections; 
           Ombudsman for mental health and retardation. 
           Sec. 5.  Minnesota Statutes 1992, section 15A.081, 
        subdivision 7, is amended to read: 
           Subd. 7.  [METROPOLITAN OFFICERS.] The governor shall set 
        the salary rate within the range set forth below for the 
        following positions, upon approval of the legislative commission 
        on employee relations and the legislature as provided by section 
        43A.18, subdivisions 2 and 5: 
                                                          Effective 
                                                        July 1, 1987
        Chair, metropolitan airports 
           commission                                $15,000-$25,000 
        Chair, metropolitan waste control 
           commission                                $25,000-$67,500 
           Fringe benefits for unclassified employees of the 
        metropolitan waste control commission shall not exceed those 
        fringe benefits received by unclassified employees of the 
        metropolitan council. 
           Sec. 6.  Minnesota Statutes 1992, section 16B.58, 
        subdivision 7, is amended to read: 
           Subd. 7.  [SURCHARGE FOR VEHICLES OCCUPIED BY ONE PERSON.] 
        The commissioner shall impose a surcharge of 25 percent for 
        vehicles occupied by only one person parking in a state parking 
        facility in the capitol area, as described by section 15.50, 
        subdivision 2.  The revenue from this additional charge shall be 
        placed by the commissioner in a special account.  For the 
        benefit of employees employed in the capitol area, the money in 
        the account is appropriated to the commissioner and shall be 
        used by the commissioner in the following order of priority:  
        (1) to acquire or lease commuter vans pursuant to section 
        16B.56; (2) within limits and upon conditions the commissioner 
        determines to be necessary, to reimburse state agencies for all 
        costs resulting from agreements with the metropolitan transit 
        commission, or its successor, or other operators pursuant to 
        section 473.409, including costs related to employees employed 
        outside the capitol area; and (3) to be used for maintaining and 
        improving parking lots or facilities owned or operated by the 
        state.  The commissioner may adopt rules necessary to administer 
        the provisions of this subdivision, subdivision 5, and section 
        473.409.  The rules may exempt from the surcharge vehicles 
        operated by persons whom the commissioner determines have job 
        requirements that make car pooling impractical. 
           Sec. 7.  Minnesota Statutes 1993 Supplement, section 
        115.54, is amended to read: 
           115.54 [TECHNICAL ADVISORY COMMITTEE.] 
           The agency shall adopt and revise rules governing waste 
        water treatment control under this chapter or chapter 116 only 
        with the advice of a technical advisory committee of seven 
        members.  One member of the committee shall be selected by each 
        of the following:  the state Consulting Engineers Council, the 
        Minnesota chapter of the Central States Water Pollution Control 
        Federation, the Association of Minnesota Counties, the state 
        Wastewater Treatment Plant Operators Association, the 
        metropolitan waste control commission created by section 473.503 
        council, the state Association of Small Cities, and the League 
        of Minnesota Cities.  The technical advisory committee may 
        review and advise the agency on any rule or technical 
        requirements governing the wastewater treatment grant or loan 
        program and may review the work of other professional persons 
        working on a wastewater treatment project and make 
        recommendations to those persons, the agency, and the concerned 
        municipality, in order for the agency to ensure that water 
        quality treatment standards will be met.  The committee shall 
        meet at least once a year, or at the call of the chair, and 
        shall elect its chair.  The agency must provide staff support 
        for the committee, prepare committee minutes, and provide 
        information to the committee it may request.  A quorum is a 
        simple majority and official action must be by a majority vote 
        of the quorum.  The committee expires as provided in section 
        15.059, subdivision 5. 
           Sec. 8.  Minnesota Statutes 1992, section 116.16, 
        subdivision 2, is amended to read: 
           Subd. 2.  [DEFINITIONS.] In this section and sections 
        116.17 and 116.18: 
           (1) Agency means the Minnesota pollution control agency 
        created by this chapter; 
           (2) Municipality means any county, city, and town, the 
        metropolitan waste control commission established in chapter 473 
        and the metropolitan council when acting under the provisions of 
        that chapter, or an Indian tribe or an authorized Indian tribal 
        organization, and any other governmental subdivision of the 
        state responsible by law for the prevention, control, and 
        abatement of water pollution in any area of the state; 
           (3) Water pollution control program means the Minnesota 
        state water pollution control program created by subdivision 1; 
           (4) Bond account means the Minnesota state water pollution 
        control bond account created in the state bond fund by section 
        116.17, subdivision 4; 
           (5) Terms defined in section 115.01 have the meanings 
        therein given them; 
           (6) The eligible cost of any municipal project, except as 
        otherwise provided in clause (7), includes (a) preliminary 
        planning to determine the economic, engineering, and 
        environmental feasibility of the project; (b) engineering, 
        architectural, legal, fiscal, economic, sociological, project 
        administrative costs of the agency and the municipality, and 
        other investigations and studies; (c) surveys, designs, plans, 
        working drawings, specifications, procedures, and other actions 
        necessary to the planning, design, and construction of the 
        project; (d) erection, building, acquisition, alteration, 
        remodeling, improvement, and extension of disposal systems; (e) 
        inspection and supervision of construction; and (f) all other 
        expenses of the kinds enumerated in section 475.65; 
           (7) For state grants under the state independent grants 
        program, the eligible cost includes the acquisition of land for 
        stabilization ponds, the construction of collector sewers for 
        totally unsewered statutory and home rule charter cities and 
        towns described under section 368.01, subdivision 1 or 1a, that 
        are in existence on January 1, 1985, and the provision of 
        reserve capacity sufficient to serve the reasonable needs of the 
        municipality for 20 years in the case of treatment works and 40 
        years in the case of sewer systems.  For state grants under the 
        state independent grants program, the eligible cost does not 
        include the provision of service to seasonal homes, or cost 
        increases from contingencies that exceed three percent of as-bid 
        costs or cost increases from unanticipated site conditions that 
        exceed an additional two percent of as-bid costs; 
           (8) Authority means the Minnesota public facilities 
        authority established in section 446A.03. 
           Sec. 9.  Minnesota Statutes 1992, section 116.182, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
        section, the terms defined in this subdivision have the meanings 
        given them. 
           (b) "Agency" means the pollution control agency. 
           (c) "Authority" means the public facilities authority 
        established in section 446A.03. 
           (d) "Commissioner" means the commissioner of the pollution 
        control agency. 
           (e) "Essential project components" means those components 
        of a wastewater disposal system that are necessary to convey or 
        treat a municipality's existing wastewater flows and loadings, 
        and future wastewater flows and loadings based on the projected 
        residential growth of the municipality for a 20-year period. 
           (f) "Municipality" means a county, home rule charter or 
        statutory city, or town; the metropolitan waste control 
        commission established in chapter 473;, the metropolitan council 
        when acting under the provisions of chapter 473;, an Indian 
        tribe or an authorized Indian tribal organization; or any other 
        governmental subdivision of the state responsible by law for the 
        prevention, control, and abatement of water pollution in any 
        area of the state. 
           Sec. 10.  Minnesota Statutes 1992, section 161.173, is 
        amended to read: 
           161.173 [SUBMISSION OF CORRIDOR PROPOSAL.] 
           The commissioner shall submit to the governing body of each 
        municipality wherein a trunk highway is proposed to be 
        constructed or improved, and to the governing body of each 
        municipality adjacent to any such municipality, a report 
        containing:  a statement of the need for this proposed 
        construction or improvement, a description of alternate routes 
        which were considered by the commissioner and an explanation of 
        the advantages and disadvantages in the selection of any route 
        considered.  The report shall also contain for each alternate, 
        the following information:  general alignment and profile, 
        approximate points of access, highway classification, an 
        approximate cost estimate, relation to existing and planned 
        regional and local development and to other transportation 
        routes and facilities, and a statement of the expected general 
        effect on present and future use of the property within the 
        corridor.  Where a state trunk highway is proposed to be 
        constructed or improved within the metropolitan area, a copy of 
        the report shall also be submitted to the metropolitan council 
        and the regional transit board established by chapter 473.  In 
        all areas of the state a copy of the report shall be sent to 
        established regional, county and municipal planning commissions 
        in the area affected by the highway project.  Not less than 45 
        nor more than 90 days, or as otherwise mutually agreed, after 
        the report has been submitted, the commissioner shall hold a 
        public hearing on the proposed highway construction or 
        improvement at such time and place within any municipality 
        wherein a portion of the proposed construction or improvement is 
        located, as the commissioner shall determine.  Not less than 30 
        days before the hearing the commissioner shall mail notice 
        thereof to the governing body of each municipality or agency 
        entitled to receive a copy of the report, and shall cause notice 
        of the hearing to be published at least once each week for two 
        successive weeks in a newspaper or newspapers having general 
        circulation in such municipalities, the second publication to be 
        not less than five days before the date of the hearing.  The 
        notice shall state the date, time, place and purpose of the 
        hearing, shall describe the proposed or actual general location 
        of the highway to be constructed or improved, and shall state 
        where the report may be inspected prior to the hearing by any 
        interested person.  The hearing shall be conducted by the 
        commissioner or the commissioner's designee, and shall be 
        transcribed and a record thereof mailed to each municipality or 
        agency entitled to receive a copy of the report.  All interested 
        persons shall be permitted to present their views on the 
        proposed highway construction or improvement.  The hearing may 
        be continued as often as necessary.  Within 120 days after the 
        hearing is completed, the governing body of each municipality or 
        agency entitled to receive a copy of the report shall submit to 
        the commissioner its approval or disapproval of the report.  If 
        all or any part of the report is disapproved, the municipality 
        or agency shall state the reasons for such disapproval and 
        suggested changes in the report.  The commissioner shall, before 
        preparing additional plans for the proposed highway construction 
        or improvement, submit to the governing body of each 
        municipality or agency disapproving the report, a statement 
        accepting or rejecting any suggested changes and the reasons for 
        acceptance or rejection. 
           Sec. 11.  Minnesota Statutes 1992, section 161.174, is 
        amended to read: 
           161.174 [SUBMISSION OF LAYOUT PLANS.] 
           The commissioner shall submit to the governing body of each 
        municipality wherein a highway is proposed to be constructed or 
        improved, a proposed layout plan for the highway construction or 
        improvement containing:  the proposed location, elevation, width 
        and geometrics of the construction or improvement, together with 
        a statement of the reasons therefor.  Said plan shall also 
        contain:  approximate right-of-way limits; a tentative schedule 
        for right-of-way acquisition, if known; proposed access points; 
        frontage roads; separation structures and interchanges; location 
        of utilities, when known; landscaping, illumination, a tentative 
        construction schedule, if known; and the estimated cost of the 
        construction or improvement.  The commissioner shall submit more 
        than one layout plan.  Each such plan shall also be submitted to 
        the metropolitan council and the regional transit board if any 
        portion of the proposed highway construction or improvement is 
        located in the metropolitan area.  In all areas of the state a 
        copy of the layout plan shall be sent to established regional, 
        county and municipal planning commissions in the area affected 
        by the highway project.  Not less than 90 nor more than 120 days 
        after said plan has been submitted, the commissioner shall hold 
        a public hearing on the proposed highway construction or 
        improvement at such time and place within any municipality 
        wherein a portion of the construction or improvement is located, 
        as the commissioner shall determine.  The hearing shall be 
        noticed, held and conducted in the manner provided in section 
        161.173, except that the commissioner shall mail notice of the 
        hearing only to those municipalities and agencies entitled to 
        receive a copy of the layout plan.  The hearing shall be 
        transcribed and a record thereof made available to each 
        municipality or agency entitled to receive a copy of said plan.  
        Within 180 days after the hearing is completed, the commissioner 
        shall formally adopt a layout plan.  A copy of the layout plan 
        as adopted shall be submitted to each municipality or agency 
        entitled to receive a copy of the proposed plan, together with 
        the reasons for any change in the plan as presented at the 
        hearing.  Within 120 days after the receipt of the adopted 
        layout plan, each such municipality or agency shall submit to 
        the commissioner its approval or disapproval of the layout plan 
        and the reasons for such disapproval, and proposed alternatives, 
        which may include a recommendation of no highway.  Such 
        alternatives submitted by a municipality located within the 
        metropolitan area shall, upon request of the municipality, be 
        reviewed by the metropolitan council in order to determine 
        whether such alternatives are likely to meet minimum federal 
        requirements.  The metropolitan council is authorized to provide 
        whatever assistance it deems advisable to the submitting 
        municipality in order to assist it in arriving at an alternative 
        which meets minimum federal requirements.  If said plan or any 
        part thereof is not disapproved within such period, the 
        commissioner may proceed to prepare final construction plans and 
        specifications for the highway construction or improvement 
        consistent with the adopted layout plan, and may acquire the 
        necessary right-of-way.  If the layout plan or any part thereof 
        is disapproved by any municipality or agency, and the 
        commissioner determines to proceed with the plan without 
        modifications, the commissioner shall proceed in the manner 
        provided in section 161.175.  On determining to proceed with the 
        plan with modifications, the commissioner shall submit the 
        modified layout plan to the municipalities and agencies entitled 
        to receive the original layout plan in the manner described 
        above, for approval or disapproval by each such municipality or 
        agency within 60 days after receipt of the modified layout 
        plan.  If the modified layout plan or any part thereof is not 
        disapproved by any municipality or agency within 60 days after 
        its receipt, the commissioner may proceed to prepare final 
        construction plans and specifications consistent with the 
        modified layout plan, and may acquire the necessary 
        right-of-way.  If the modified plan is disapproved by any 
        municipality and the commissioner determines to proceed with the 
        plan without additional modification, the commissioner shall 
        proceed in the manner provided in section 161.175.  If the 
        layout plan is disapproved, either as originally submitted or as 
        modified and the commissioner does not act pursuant to section 
        161.175, within one year from the date of the completion of the 
        hearing, any objecting municipality entitled to receive a copy 
        of the layout plan by virtue of this section may invoke the 
        appellate procedure pursuant to section 161.175, in the same 
        manner as the same might be invoked by the commissioner.  In the 
        event the appellate procedure is invoked by either the 
        commissioner or the municipality, the commissioner shall hold a 
        public hearing prior to the appointment of an appeal board.  
        Such hearing shall be limited to the proposed alternative layout 
        plans. 
           Sec. 12.  Minnesota Statutes 1992, section 169.781, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For purposes of sections 
        169.781 to 169.783: 
           (a) "Commercial motor vehicle" means: 
           (1) a commercial motor vehicle as defined in section 
        169.01, subdivision 75, paragraph (a); and 
           (2) each vehicle in a combination of more than 26,000 
        pounds. 
           "Commercial motor vehicle" does not include (1) a school 
        bus displaying a certificate under section 169.451, (2) a bus 
        operated by the metropolitan transit commission created in 
        section 473.404 council or by a local transit commission created 
        in chapter 458A, or (3) a motor vehicle with a gross weight of 
        not more than 26,000 pounds, carrying in bulk tanks a total of 
        not more than 200 gallons of petroleum products or liquid 
        fertilizer or pesticide. 
           (b) "Commissioner" means the commissioner of public safety. 
           (c) "Owner" means a person who owns, or has control, under 
        a lease of more than 30 days' duration, of one or more 
        commercial motor vehicles. 
           (d) "Storage semitrailer" means a semitrailer that (1) is 
        used exclusively to store property at a location not on a street 
        or highway, (2) does not contain any load when moved on a street 
        or highway, (3) is operated only during daylight hours, and (4) 
        is marked on each side of the semitrailer "storage only" in 
        letters at least six inches high. 
           (e) "Building mover vehicle" means a vehicle owned or 
        leased by a building mover as defined in section 221.81, 
        subdivision 1, paragraph (a), and used exclusively for moving 
        buildings. 
           Sec. 13.  Minnesota Statutes 1992, section 169.791, 
        subdivision 5, is amended to read: 
           Subd. 5.  [EXEMPTIONS.] Buses or other commercial vehicles 
        operated by the metropolitan transit commission council, 
        commercial vehicles required to file proof of insurance pursuant 
        to chapter 221, and school buses as defined in section 171.01, 
        subdivision 21, are exempt from this section. 
           Sec. 14.  Minnesota Statutes 1992, section 169.792, 
        subdivision 11, is amended to read: 
           Subd. 11.  [EXEMPTIONS.] Buses or other commercial vehicles 
        operated by the metropolitan transit commission council, 
        commercial vehicles required to file proof of insurance pursuant 
        to chapter 221, and school buses as defined in section 171.01, 
        subdivision 21, are exempt from this section. 
           Sec. 15.  Minnesota Statutes 1993 Supplement, section 
        174.32, subdivision 2, is amended to read: 
           Subd. 2.  [TRANSIT ASSISTANCE FUND; DISTRIBUTION.] The 
        transit assistance fund receives money distributed under section 
        297B.09.  Eighty percent of the receipts of the fund must be 
        placed into a metropolitan account for distribution to 
        recipients located in the metropolitan area and 20 percent into 
        a separate account for distribution to recipients located 
        outside of the metropolitan area.  Except as otherwise provided 
        in this subdivision, the regional transit board created by 
        section 473.373 metropolitan council is responsible for 
        distributing assistance from the metropolitan account, and the 
        commissioner is responsible for distributing assistance from the 
        other account.  
           Sec. 16.  Minnesota Statutes 1993 Supplement, section 
        216C.15, subdivision 1, is amended to read: 
           Subdivision 1.  [PRIORITIES AND REQUIREMENTS.] The 
        commissioner shall maintain an emergency conservation and 
        allocation plan.  The plan shall provide a variety of strategies 
        and staged conservation measures to reduce energy use and in the 
        event of an energy supply emergency, shall establish guidelines 
        and criteria for allocation of fuels to priority users.  The 
        plan shall contain alternative conservation actions and 
        allocation plans to reasonably meet various foreseeable shortage 
        circumstances and allow a choice of appropriate responses.  The 
        plan shall be consistent with requirements of federal emergency 
        energy conservation and allocation laws and regulations, shall 
        be based on reasonable energy savings or transfers from scarce 
        energy resources and shall: 
           (a) give priority to individuals, institutions, 
        agriculture, businesses, and public transit under contract with 
        the commissioner of transportation or the regional transit board 
        metropolitan council which demonstrate they have engaged in 
        energy-saving measures and shall include provisions to insure 
        that: 
           (1) immediate allocations to individuals, institutions, 
        agriculture, businesses, and public transit be based on needs at 
        energy conservation levels; 
           (2) successive allocations to individuals, institutions, 
        agriculture, businesses, and public transit be based on needs 
        after implementation of required action to increase energy 
        conservation; and 
           (3) needs of individuals, institutions, and public transit 
        are adjusted to insure the health and welfare of the young, old 
        and infirm; 
           (b) insure maintenance of reasonable job safety conditions 
        and avoid environmental sacrifices; 
           (c) establish programs, controls, standards, priorities or 
        quotas for the allocation, conservation and consumption of 
        energy resources; and for the suspension and modification of 
        existing standards and the establishment of new standards 
        affecting or affected by the use of energy resources, including 
        those related to the type and composition of energy sources, and 
        to the hours and days during which public buildings, commercial 
        and industrial establishments, and other energy consuming 
        facilities may or are required to remain open; 
           (d) establish programs to control the use, sale or 
        distribution of commodities, materials, goods or services; 
           (e) establish regional programs and agreements for the 
        purpose of coordinating the energy resources, programs and 
        actions of the state with those of the federal government, of 
        local governments, and of other states and localities; 
           (f) determine at what level of an energy supply emergency 
        situation the pollution control agency shall be requested to ask 
        the governor to petition the president for a temporary emergency 
        suspension of air quality standards as required by the Clean Air 
        Act, United States Code, title 42, section 7410f; and 
           (g) establish procedures for fair and equitable review of 
        complaints and requests for special exemptions regarding 
        emergency conservation measures or allocations. 
           Sec. 17.  Minnesota Statutes 1992, section 221.022, is 
        amended to read: 
           221.022 [EXCEPTION.] 
           The powers granted to the board under sections 221.011 to 
        221.296 do not include the power to regulate any service or 
        vehicles operated by the metropolitan transit commission council 
        or to regulate passenger transportation service provided under 
        contract to the department or the regional transit board 
        metropolitan council.  A provider of passenger transportation 
        service under contract to the department or the regional transit 
        board metropolitan council may not provide charter service 
        without first having obtained a permit to operate as a charter 
        carrier. 
           Sec. 18.  Minnesota Statutes 1993 Supplement, section 
        221.025, is amended to read: 
           221.025 [EXEMPTIONS.] 
           The provisions of this chapter requiring a certificate or 
        permit to operate as a motor carrier do not apply to the 
        intrastate transportation described below:  
           (a) the transportation of students to or from school or 
        school activities in a school bus inspected and certified under 
        section 169.451; 
           (b) the transportation of solid waste, as defined in 
        section 116.06, subdivision 22, including recyclable materials 
        and waste tires, except that the term "hazardous waste" has the 
        meaning given it in section 221.011, subdivision 31; 
           (c) a commuter van as defined in section 221.011, 
        subdivision 27; 
           (d) authorized emergency vehicles as defined in section 
        169.01, subdivision 5, including ambulances; and tow trucks 
        equipped with proper and legal warning devices when picking up 
        and transporting (1) disabled or wrecked motor vehicles or (2) 
        vehicles towed or transported under a towing order issued by a 
        public employee authorized to issue a towing order; 
           (e) the transportation of grain samples under conditions 
        prescribed by the board; 
           (f) the delivery of agricultural lime; 
           (g) the transportation of dirt and sod within an area 
        having a 50-mile radius from the home post office of the person 
        performing the transportation; 
           (h) the transportation of sand, gravel, bituminous asphalt 
        mix, concrete ready mix, concrete blocks or tile and the mortar 
        mix to be used with the concrete blocks or tile, or crushed rock 
        to or from the point of loading or a place of gathering within 
        an area having a 50-mile radius from that person's home post 
        office or a 50-mile radius from the site of construction or 
        maintenance of public roads and streets; 
           (i) the transportation of pulpwood, cordwood, mining 
        timber, poles, posts, decorator evergreens, wood chips, sawdust, 
        shavings, and bark from the place where the products are 
        produced to the point where they are to be used or shipped; 
           (j) the transportation of fresh vegetables from farms to 
        canneries or viner stations, from viner stations to canneries, 
        or from canneries to canneries during the harvesting, canning, 
        or packing season, or transporting potatoes, sugar beets, wild 
        rice, or rutabagas from the field of production to the first 
        place of delivery or unloading, including a processing plant, 
        warehouse, or railroad siding; 
           (k) the transportation of property or freight, other than 
        household goods and petroleum products in bulk, entirely within 
        the corporate limits of a city or between contiguous cities 
        except as provided in section 221.296; 
           (l) the transportation of unprocessed dairy products in 
        bulk within an area having a 100-mile radius from the home post 
        office of the person providing the transportation; 
           (m) the transportation of agricultural, horticultural, 
        dairy, livestock, or other farm products within an area having a 
        25-mile radius from the person's home post office and the 
        carrier may transport other commodities within the 25-mile 
        radius if the destination of each haul is a farm; 
           (n) passenger transportation service that is not charter 
        service and that is under contract to and with operating 
        assistance from the department or the regional transit board 
        metropolitan council; and 
           (o) the transportation of newspapers, as defined in section 
        331A.01, subdivision 5, telephone books, handbills, circulars, 
        or pamphlets in a vehicle with a gross vehicle weight of 10,000 
        pounds or less. 
           The exemptions provided in this section apply to a person 
        only while the person is exclusively engaged in exempt 
        transportation. 
           Sec. 19.  Minnesota Statutes 1993 Supplement, section 
        221.031, subdivision 3a, is amended to read: 
           Subd. 3a.  [CONTRACTORS OR RECIPIENTS OF TRANSPORTATION 
        ASSISTANCE.] Notwithstanding subdivision 3, providers of 
        passenger transportation service under contract to and with 
        operating assistance from the department or the regional transit 
        board metropolitan council must comply with rules for driver 
        qualifications; driving of motor vehicles; parts and accessories 
        necessary for safe operation; hours of service of drivers; 
        inspection, repair, and maintenance; and the rules adopted in 
        section 221.0314, subdivision 8, for accident reporting.  
           This subdivision does not apply to (1) a local transit 
        commission, (2) a transit authority created by the legislature, 
        (3) special transportation service certified by the commissioner 
        under section 174.30, or (4) special transportation service 
        defined in section 174.29, subdivision 1, when provided by a 
        volunteer driver operating a private passenger vehicle defined 
        in section 169.01, subdivision 3a. 
           Sec. 20.  Minnesota Statutes 1992, section 221.041, 
        subdivision 4, is amended to read: 
           Subd. 4.  [NONAPPLICABILITY.] This section does not apply 
        to any regular-route passenger transportation being performed 
        with operating assistance provided by the regional transit board 
        metropolitan council. 
           Sec. 21.  Minnesota Statutes 1992, section 221.071, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONSIDERATIONS; TEMPORARY CERTIFICATES; 
        AMENDING.] If the board finds from the evidence that the 
        petitioner is fit and able to properly perform the services 
        proposed and that public convenience and necessity require the 
        granting of the petition or a part of the petition, it shall 
        issue a certificate of public convenience and necessity to the 
        petitioner.  In determining whether a certificate should be 
        issued, the board shall give primary consideration to the 
        interests of the public that might be affected, to the 
        transportation service being furnished by a railroad which may 
        be affected by the granting of the certificate, and to the 
        effect which the granting of the certificate will have upon 
        other transportation service essential to the communities which 
        might be affected by the granting of the certificate.  The board 
        may issue a certificate as applied for or issue it for a part 
        only of the authority sought and may attach to the authority 
        granted terms and conditions as in its judgment public 
        convenience and necessity may require.  If the petitioner is 
        seeking authority to operate regular-route transit service 
        wholly within the seven-county metropolitan area with operating 
        assistance provided by the regional transit board metropolitan 
        council, the board shall consider only whether the petitioner is 
        fit and able to perform the proposed service.  The operating 
        authority granted to such a petitioner must be the operating 
        authority for which the petitioner is receiving operating 
        assistance from the regional transit board metropolitan 
        council.  A carrier receiving operating assistance from 
        the regional transit board metropolitan council may amend the 
        certificate to provide for additional routes by filing a copy of 
        the amendment with the board, and approval of the amendment by 
        the board is not required if the additional service is provided 
        with operating assistance from the regional transit board 
        metropolitan council.  
           The board may grant a temporary certificate, ex parte, 
        valid for a period not exceeding 180 days, upon a showing that 
        no regular route common carrier or petroleum carrier is then 
        authorized to serve on the route sought, that no other petition 
        is on file with the board covering the route, and that a need 
        for the proposed service exists. 
           A certificate may be amended by the board on ex parte 
        petition and payment of a $25 fee to the commissioner, to grant 
        an additional or alternate route if there is no other means of 
        transportation over the proposed additional route or between its 
        termini, and the proposed additional route does not exceed ten 
        miles in length. 
           Sec. 22.  Minnesota Statutes 1992, section 221.295, is 
        amended to read: 
           221.295 [NOTICE TO REGIONAL TRANSIT BOARD METROPOLITAN 
        COUNCIL.] 
           Notwithstanding any provision of any statute to the 
        contrary, the regional transit board metropolitan council must 
        be notified by the commissioner of any matter affecting public 
        transit or an existing or proposed transit system within the 
        seven-county metropolitan area, which matter is formally or 
        informally before the commissioner or board for action or which 
        is under study, including the initiation of any request for 
        action or study and prior to any hearings on other proceedings, 
        whether ex parte or otherwise.  Notification must in all cases 
        be given in a manner, at such time, and with such information 
        and data available to the commissioner or board as to enable the 
        regional transit board metropolitan council to meaningfully 
        evaluate, participate in, and comment upon the matter.  The 
        commissioner or board shall not approve, deny, or otherwise 
        attempt to resolve or act upon the matter until receipt of the 
        comments and advice of the regional transit board metropolitan 
        council with respect thereto, but if none are received they may 
        act within 30 days after demand of the regional transit board 
        metropolitan council, or otherwise by mutual agreement.  If the 
        commissioner or board takes action in any way contrary to or 
        different from the comments and advice of the regional transit 
        board metropolitan council, they shall specifically state the 
        reasons and factual data for the action. 
           Sec. 23.  Minnesota Statutes 1993 Supplement, section 
        275.065, subdivision 3, is amended to read: 
           Subd. 3.  [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The 
        county auditor shall prepare and the county treasurer shall 
        deliver after November 10 and on or before November 24 each 
        year, by first class mail to each taxpayer at the address listed 
        on the county's current year's assessment roll, a notice of 
        proposed property taxes and, in the case of a town, final 
        property taxes.  
           (b) The commissioner of revenue shall prescribe the form of 
        the notice. 
           (c) The notice must inform taxpayers that it contains the 
        amount of property taxes each taxing authority other than a town 
        proposes to collect for taxes payable the following year and, 
        for a town, the amount of its final levy.  It must clearly state 
        that each taxing authority, including regional library districts 
        established under section 134.201, and including the 
        metropolitan taxing districts as defined in paragraph (i), but 
        excluding all other special taxing districts and towns, will 
        hold a public meeting to receive public testimony on the 
        proposed budget and proposed or final property tax levy, or, in 
        case of a school district, on the current budget and proposed 
        property tax levy.  It must clearly state the time and place of 
        each taxing authority's meeting and an address where comments 
        will be received by mail.  For 1993, the notice must clearly 
        state that each taxing authority holding a public meeting will 
        describe the increases or decreases of the total budget, 
        including employee and independent contractor compensation in 
        the prior year, current year, and the proposed budget year.  
           (d) The notice must state for each parcel: 
           (1) the market value of the property as determined under 
        section 273.11, and used for computing property taxes payable in 
        the following year and for taxes payable in the current year; 
        and, in the case of residential property, whether the property 
        is classified as homestead or nonhomestead.  The notice must 
        clearly inform taxpayers of the years to which the market values 
        apply and that the values are final values; 
           (2) by county, city or town, school district excess 
        referenda levy, remaining school district levy, regional library 
        district, if in existence, the total of the metropolitan special 
        taxing districts as defined in paragraph (i) and the sum of the 
        remaining special taxing districts, and as a total of the taxing 
        authorities, including all special taxing districts, the 
        proposed or, for a town, final net tax on the property for taxes 
        payable the following year and the actual tax for taxes payable 
        the current year.  In the case of the city of Minneapolis, the 
        levy for the Minneapolis library board and the levy for 
        Minneapolis park and recreation shall be listed separately from 
        the remaining amount of the city's levy.  In the case of a 
        parcel where tax increment or the fiscal disparities areawide 
        tax applies, the proposed tax levy on the captured value or the 
        proposed tax levy on the tax capacity subject to the areawide 
        tax must each be stated separately and not included in the sum 
        of the special taxing districts; and 
           (3) the increase or decrease in the amounts in clause (2) 
        from taxes payable in the current year to proposed or, for a 
        town, final taxes payable the following year, expressed as a 
        dollar amount and as a percentage. 
           (e) The notice must clearly state that the proposed or 
        final taxes do not include the following: 
           (1) special assessments; 
           (2) levies approved by the voters after the date the 
        proposed taxes are certified, including bond referenda, school 
        district levy referenda, and levy limit increase referenda; 
           (3) amounts necessary to pay cleanup or other costs due to 
        a natural disaster occurring after the date the proposed taxes 
        are certified; 
           (4) amounts necessary to pay tort judgments against the 
        taxing authority that become final after the date the proposed 
        taxes are certified; 
           (5) any additional amount levied in lieu of a local sales 
        and use tax, unless this amount is included in the proposed or 
        final taxes; and 
           (6) the contamination tax imposed on properties which 
        received market value reductions for contamination. 
           (f) Except as provided in subdivision 7, failure of the 
        county auditor to prepare or the county treasurer to deliver the 
        notice as required in this section does not invalidate the 
        proposed or final tax levy or the taxes payable pursuant to the 
        tax levy. 
           (g) If the notice the taxpayer receives under this section 
        lists the property as nonhomestead and the homeowner provides 
        satisfactory documentation to the county assessor that the 
        property is owned and has been used as the owner's homestead 
        prior to June 1 of that year, the assessor shall reclassify the 
        property to homestead for taxes payable in the following year. 
           (h) In the case of class 4 residential property used as a 
        residence for lease or rental periods of 30 days or more, the 
        taxpayer must either: 
           (1) mail or deliver a copy of the notice of proposed 
        property taxes to each tenant, renter, or lessee; or 
           (2) post a copy of the notice in a conspicuous place on the 
        premises of the property.  
           (i) For purposes of this subdivision, subdivisions 5a and 
        6, "metropolitan special taxing districts" means the following 
        taxing districts in the seven-county metropolitan area that levy 
        a property tax for any of the specified purposes listed below: 
           (1) metropolitan council under section 473.132, 473.167, 
        473.249, 473.325, 473.446, 473.521, 473.547, or 473.834; 
           (2) metropolitan airports commission under section 473.667, 
        473.671, or 473.672; and 
           (3) regional transit board under section 473.446; and 
           (4) metropolitan mosquito control commission under section 
        473.711. 
           For purposes of this section, any levies made by the 
        regional rail authorities in the county of Anoka, Carver, 
        Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 
        398A shall be included with the appropriate county's levy and 
        shall be discussed at that county's public hearing. 
           The notice must be mailed or posted by the taxpayer by 
        November 27 or within three days of receipt of the notice, 
        whichever is later.  A taxpayer may notify the county treasurer 
        of the address of the taxpayer, agent, caretaker, or manager of 
        the premises to which the notice must be mailed in order to 
        fulfill the requirements of this paragraph. 
           Sec. 24.  Minnesota Statutes 1993 Supplement, section 
        275.065, subdivision 5a, is amended to read: 
           Subd. 5a.  [PUBLIC ADVERTISEMENT.] (a) A city that has a 
        population of more than 1,000, county, a metropolitan special 
        taxing district as defined in subdivision 3, paragraph (i), a 
        regional library district established under section 134.201, or 
        school district shall advertise in a newspaper a notice of its 
        intent to adopt a budget and property tax levy or, in the case 
        of a school district, to review its current budget and proposed 
        property taxes payable in the following year, at a public 
        hearing.  The notice must be published not less than two 
        business days nor more than six business days before the hearing.
           The advertisement must be at least one-eighth page in size 
        of a standard-size or a tabloid-size newspaper.  The 
        advertisement must not be placed in the part of the newspaper 
        where legal notices and classified advertisements appear.  The 
        advertisement must be published in an official newspaper of 
        general circulation in the taxing authority.  The newspaper 
        selected must be one of general interest and readership in the 
        community, and not one of limited subject matter.  The 
        advertisement must appear in a newspaper that is published at 
        least once per week.  
           For purposes of this section, the metropolitan special 
        taxing district's advertisement must only be published in the 
        Minneapolis Star and Tribune and the St. Paul Pioneer Press. 
           (b) The advertisement must be in the following form, except 
        that the notice for a school district may include references to 
        the current budget in regard to proposed property taxes. 
                                   "NOTICE OF
                            PROPOSED PROPERTY TAXES
                   (City/County/School District/Metropolitan
                        Special Taxing District/Regional
                         Library District) of .........
        The governing body of ........ will soon hold budget hearings 
        and vote on the property taxes for (city/county/metropolitan 
        special taxing district/regional library district services that 
        will be provided in 199_/school district services that will be 
        provided in 199_ and 199_). 
                           NOTICE OF PUBLIC HEARING:
        All concerned citizens are invited to attend a public hearing 
        and express their opinions on the proposed (city/county/school 
        district/metropolitan special taxing district/regional library 
        district) budget and property taxes, or in the case of a school 
        district, its current budget and proposed property taxes, 
        payable in the following year.  The hearing will be held on 
        (Month/Day/Year) at (Time) at (Location, Address)." 
           (c) A city with a population of 1,000 or less must 
        advertise by posted notice as defined in section 645.12, 
        subdivision 1.  The advertisement must be posted at the time 
        provided in paragraph (a).  It must be in the form required in 
        paragraph (b). 
           (d) For purposes of this subdivision, the population of a 
        city is the most recent population as determined by the state 
        demographer under section 4A.02. 
           (e) The commissioner of revenue, subject to the approval of 
        the chairs of the house and senate tax committees, shall 
        prescribe the form and format of the advertisement. 
           (f) For calendar year 1993, each taxing authority required 
        to publish an advertisement must include on the advertisement a 
        statement that information on the increases or decreases of the 
        total budget, including employee and independent contractor 
        compensation in the prior year, current year, and proposed 
        budget year will be discussed at the hearing. 
           (g) Notwithstanding paragraph (f), for 1993, the 
        commissioner of revenue shall prescribe the form, format, and 
        content of an advertisement comparing current and proposed 
        expense budgets for the metropolitan council, the metropolitan 
        airports commission, and the metropolitan mosquito control 
        commission, and the regional transit board.  The expense budget 
        must include occupancy, personnel, contractual and capital 
        improvement expenses.  The form, format, and content of the 
        advertisement must be approved by the chairs of the house and 
        senate tax committees prior to publication. 
           Sec. 25.  Minnesota Statutes 1992, section 297B.09, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL FUND SHARE.] (a) Money collected 
        and received under this chapter must be deposited in the state 
        treasury and credited to the general fund.  The amounts 
        collected and received shall be credited as provided in this 
        subdivision, and transferred from the general fund on July 15 
        and February 15 of each fiscal year.  The commissioner of 
        finance must make each transfer based upon the actual receipts 
        of the preceding six calendar months and include the interest 
        earned during that six-month period.  The commissioner of 
        finance may establish a quarterly or other schedule providing 
        for more frequent payments to the transit assistance fund if the 
        commissioner determines it is necessary or desirable to provide 
        for the cash flow needs of the recipients of money from the 
        transit assistance fund.  
           (b) Twenty-five percent of the money collected and received 
        under this chapter after June 30, 1990, and before July 1, 1991, 
        must be transferred to the highway user tax distribution fund 
        and the transit assistance fund for apportionment as follows:  
        75 percent must be transferred to the highway user tax 
        distribution fund for apportionment in the same manner and for 
        the same purposes as other money in that fund, and the remaining 
        25 percent of the money must be transferred to the transit 
        assistance fund to be appropriated to the commissioner of 
        transportation for transit assistance within the state and to 
        the regional transit board metropolitan council.  
           (c) The distributions under this subdivision to the highway 
        user tax distribution fund until June 30, 1991, and to the trunk 
        highway fund thereafter, must be reduced by the amount necessary 
        to fund the appropriation under section 41A.09, subdivision 1.  
        For the fiscal years ending June 30, 1988, and June 30, 1989, 
        the commissioner of finance, before making the transfers 
        required on July 15 and January 15 of each year, shall estimate 
        the amount required to fund the appropriation under section 
        41A.09, subdivision 1, for the six-month period for which the 
        transfer is being made.  The commissioner shall then reduce the 
        amount transferred to the highway user tax distribution fund by 
        the amount of that estimate.  The commissioner shall reduce the 
        estimate for any six-month period by the amount by which the 
        estimate for the previous six-month period exceeded the amount 
        needed to fund the appropriation under section 41A.09, 
        subdivision 1, for that previous six-month period.  If at any 
        time during a six-month period in those fiscal years the amount 
        of reduction in the transfer to the highway user tax 
        distribution fund is insufficient to fund the appropriation 
        under section 41A.09, subdivision 1 for that period, the 
        commissioner shall transfer to the general fund from the highway 
        user tax distribution fund an additional amount sufficient to 
        fund the appropriation for that period, but the additional 
        amount so transferred to the general fund in a six-month period 
        may not exceed the amount transferred to the highway user tax 
        distribution fund for that six-month period. 
           Sec. 26.  Minnesota Statutes 1993 Supplement, section 
        352.01, subdivision 2a, is amended to read: 
           Subd. 2a.  [INCLUDED EMPLOYEES.] (a) "State employee" 
        includes: 
           (1) employees of the Minnesota historical society; 
           (2) employees of the state horticultural society; 
           (3) employees of the Disabled American Veterans, Department 
        of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
        if employed before July 1, 1963; 
           (4) employees of the Minnesota crop improvement 
        association; 
           (5) employees of the adjutant general who are paid from 
        federal funds and who are not covered by any federal civilian 
        employees retirement system; 
           (6) employees of the state universities employed under the 
        university activities program; 
           (7) currently contributing employees covered by the system 
        who are temporarily employed by the legislature during a 
        legislative session or any currently contributing employee 
        employed for any special service as defined in clause (8) of 
        subdivision 2b; 
           (8) employees of the armory building commission; 
           (9) permanent employees of the legislature and persons 
        employed or designated by the legislature or by a legislative 
        committee or commission or other competent authority to conduct 
        a special inquiry, investigation, examination, or installation; 
           (10) trainees who are employed on a full-time established 
        training program performing the duties of the classified 
        position for which they will be eligible to receive immediate 
        appointment at the completion of the training period; 
           (11) employees of the Minnesota safety council; 
           (12) employees of the transit operating division of the 
        metropolitan transit commission and any employees on authorized 
        leave of absence from the transit operating division of the 
        former metropolitan transit commission who are employed by the 
        labor organization which is the exclusive bargaining agent 
        representing employees of the transit operating division; 
           (13) employees of the metropolitan council, metropolitan 
        parks and open space commission, regional transit board, 
        metropolitan transit commission, metropolitan waste control 
        commission, metropolitan sports facilities commission or the 
        metropolitan mosquito control commission unless excluded or 
        covered by another public pension fund or plan under section 
        473.141, subdivision 12, or 473.415, subdivision 3; 
           (14) judges of the tax court; and 
           (15) personnel employed on June 30, 1992, by the University 
        of Minnesota in the management, operation, or maintenance of its 
        heating plant facilities, whose employment transfers to an 
        employer assuming operation of the heating plant facilities, so 
        long as the person is employed at the University of Minnesota 
        heating plant by that employer or by its successor organization. 
           (b) Employees specified in paragraph (a), clause (15), are 
        included employees under paragraph (a) providing that employer 
        and employee contributions are made in a timely manner in the 
        amounts required by section 352.04.  Employee contributions must 
        be deducted from salary.  Employer contributions are the sole 
        obligation of the employer assuming operation of the University 
        of Minnesota heating plant facilities or any successor 
        organizations to that employer. 
           Sec. 27.  Minnesota Statutes 1993 Supplement, section 
        352.01, subdivision 2b, is amended to read: 
           Subd. 2b.  [EXCLUDED EMPLOYEES.] "State employee" does not 
        include: 
           (1) elective state officers; 
           (2) students employed by the University of Minnesota, the 
        state universities, and community colleges unless approved for 
        coverage by the board of regents, the state university board, or 
        the state board for community colleges, as the case may be; 
           (3) employees who are eligible for membership in the state 
        teachers retirement association except employees of the 
        department of education who have chosen or may choose to be 
        covered by the Minnesota state retirement system instead of the 
        teachers retirement association; 
           (4) employees of the University of Minnesota who are 
        excluded from coverage by action of the board of regents; 
           (5) officers and enlisted personnel in the national guard 
        and the naval militia who are assigned to permanent peacetime 
        duty and who under federal law are or are required to be members 
        of a federal retirement system; 
           (6) election officers; 
           (7) persons engaged in public work for the state but 
        employed by contractors when the performance of the contract is 
        authorized by the legislature or other competent authority; 
           (8) officers and employees of the senate and house of 
        representatives or a legislative committee or commission who are 
        temporarily employed; 
           (9) receivers, jurors, notaries public, and court employees 
        who are not in the judicial branch as defined in section 43A.02, 
        subdivision 25, except referees and adjusters employed by the 
        department of labor and industry; 
           (10) patient and inmate help in state charitable, penal, 
        and correctional institutions including the Minnesota veterans 
        home; 
           (11) persons employed for professional services where the 
        service is incidental to regular professional duties and whose 
        compensation is paid on a per diem basis; 
           (12) employees of the Sibley House Association; 
           (13) the members of any state board or commission who serve 
        the state intermittently and are paid on a per diem basis; the 
        secretary, secretary-treasurer, and treasurer of those boards if 
        their compensation is $5,000 or less per year, or, if they are 
        legally prohibited from serving more than three years; and the 
        board of managers of the state agricultural society and its 
        treasurer unless the treasurer is also its full-time secretary; 
           (14) state troopers; 
           (15) temporary employees of the Minnesota state fair 
        employed on or after July 1 for a period not to extend beyond 
        October 15 of that year; and persons employed at any time by the 
        state fair administration for special events held on the 
        fairgrounds; 
           (16) emergency employees in the classified service; except 
        that if an emergency employee, within the same pay period, 
        becomes a provisional or probationary employee on other than a 
        temporary basis, the employee shall be considered a "state 
        employee" retroactively to the beginning of the pay period; 
           (17) persons described in section 352B.01, subdivision 2, 
        clauses (2) to (5); 
           (18) temporary employees in the classified service, 
        temporary employees in the unclassified service appointed for a 
        definite period of not more than six months and employed less 
        than six months in any one-year period and seasonal help in the 
        classified service employed by the department of revenue; 
           (19) trainee employees, except those listed in subdivision 
        2a, clause (10); 
           (20) persons whose compensation is paid on a fee basis; 
           (21) state employees who in any year have credit for 12 
        months service as teachers in the public schools of the state 
        and as teachers are members of the teachers retirement 
        association or a retirement system in St. Paul, Minneapolis, or 
        Duluth; 
           (22) employees of the adjutant general employed on an 
        unlimited intermittent or temporary basis in the classified and 
        unclassified service for the support of army and air national 
        guard training facilities; 
           (23) chaplains and nuns who are excluded from coverage 
        under the federal Old Age, Survivors, Disability, and Health 
        Insurance Program for the performance of service as specified in 
        United States Code, title 42, section 410(a)(8)(A), as amended, 
        if no irrevocable election of coverage has been made under 
        section 3121(r) of the Internal Revenue Code of 1954, as 
        amended; 
           (24) examination monitors employed by departments, 
        agencies, commissions, and boards to conduct examinations 
        required by law; 
           (25) members of appeal tribunals, exclusive of the chair, 
        to which reference is made in section 268.10, subdivision 4; 
           (26) persons appointed to serve as members of fact-finding 
        commissions or adjustment panels, arbitrators, or labor referees 
        under chapter 179; 
           (27) temporary employees employed for limited periods under 
        any state or federal program for training or rehabilitation 
        including persons employed for limited periods from areas of 
        economic distress except skilled and supervisory personnel and 
        persons having civil service status covered by the system; 
           (28) full-time students employed by the Minnesota 
        historical society intermittently during part of the year and 
        full-time during the summer months; 
           (29) temporary employees, appointed for not more than six 
        months, of the metropolitan council and of any of its statutory 
        boards, if the board members are appointed by the metropolitan 
        council; 
           (30) persons employed in positions designated by the 
        department of employee relations as student workers; 
           (31) members of trades employed by the successor to the 
        metropolitan waste control commission with trade union pension 
        plan coverage under a collective bargaining agreement first 
        employed after June 1, 1977; 
           (32) persons employed in subsidized on-the-job training, 
        work experience, or public service employment as enrollees under 
        the federal Comprehensive Employment and Training Act after 
        March 30, 1978, unless the person has as of the later of March 
        30, 1978, or the date of employment sufficient service credit in 
        the retirement system to meet the minimum vesting requirements 
        for a deferred annuity, or the employer agrees in writing on 
        forms prescribed by the director to make the required employer 
        contributions, including any employer additional contributions, 
        on account of that person from revenue sources other than funds 
        provided under the federal Comprehensive Employment and Training 
        Act, or the person agrees in writing on forms prescribed by the 
        director to make the required employer contribution in addition 
        to the required employee contribution; 
           (33) off-duty peace officers while employed by the 
        metropolitan transit commission under section 629.40, 
        subdivision 5, or comparable statutory authority council; 
           (34) persons who are employed as full-time police officers 
        by the metropolitan transit commission council and as police 
        officers are members of the public employees police and fire 
        fund; 
           (35) persons who are employed as full-time firefighters by 
        the department of military affairs and as firefighters are 
        members of the public employees police and fire fund; and 
           (36) foreign citizens with a work permit of less than three 
        years, or an H-1b/JV visa valid for less than three years of 
        employment, unless notice of extension is supplied which allows 
        them to work for three or more years as of the date the 
        extension is granted, in which case they are eligible for 
        coverage from the date extended. 
           Sec. 28.  Minnesota Statutes 1992, section 352.03, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEMBERSHIP OF BOARD; ELECTION; TERM.] The 
        policy-making function of the system is vested in a board of 11 
        members, who must be known as the board of directors.  This 
        board shall consist of three members appointed by the governor, 
        one of whom must be a constitutional officer or appointed state 
        official and two of whom must be public members knowledgeable in 
        pension matters, four state employees elected by state employees 
        covered by the system excluding employees in categories 
        specifically authorized to designate or elect a member by this 
        subdivision, one employee of the transit operating division of 
        the metropolitan transit commission or its successor agency 
        designated by the executive committee of the labor organization 
        that is the exclusive bargaining agent representing employees of 
        the transit division, one member of the state patrol retirement 
        fund elected by members of that fund at a time and in a manner 
        fixed by the board, one employee covered by the correctional 
        employees plan elected by employees covered by that plan, and 
        one retired employee elected by disabled and retired employees 
        of all plans administered by the system at a time and in a 
        manner to be fixed by the board.  Two state employee members, 
        whose terms of office begin on the first Monday in May after 
        their election, must be elected biennially.  Elected members and 
        the appointed transit operating division member of the 
        metropolitan council's office of transit operations hold office 
        for a term of four years, except the retired member whose term 
        is two years, and until their successors are elected or 
        appointed, and have qualified.  An employee of the system is not 
        eligible for membership on the board of directors.  A state 
        employee on leave of absence is not eligible for election or 
        reelection to membership on the board of directors.  The term of 
        any board member who is on leave for more than six months 
        automatically ends on expiration of this period. 
           Sec. 29.  Minnesota Statutes 1992, section 352.75, is 
        amended to read: 
           352.75 [TRANSFER OF PENSION COVERAGE SAVINGS CLAUSE; 
        INCREASE IN EXISTING ANNUITIES AND BENEFITS.] 
           Subdivision 1.  [EXISTING EMPLOYEES.] Notwithstanding any 
        law to the contrary, as of July 1, 1978, all active employees of 
        the transit operating division of the former metropolitan 
        transit commission and all employees on authorized leaves of 
        absence from the transit operating division who are employed on 
        July 1, 1978, by a labor organization which is the exclusive 
        bargaining agent representing employees of the transit operating 
        division shall cease to be members of the former metropolitan 
        transit commission-transit operating employees retirement fund 
        and shall cease to have any accrual of service credit, rights, 
        or benefits under that retirement fund.  After July 1, 1978, 
        those employees become members of the Minnesota state retirement 
        system, are considered state employees for purposes of this 
        chapter, unless specifically excluded by section 352.01, 
        subdivision 2b, and shall have past service with the transit 
        operating division of the former metropolitan transit commission 
        credited by the Minnesota state retirement system in accordance 
        with section 352.01, subdivision 11, clause (10).  Any employees 
        on authorized leaves of absence from the transit operating 
        division of the former metropolitan transit commission who 
        become employed by the labor organization which is the exclusive 
        bargaining agent representing employees of the transit operating 
        division after July 1, 1978, shall be entitled to be members of 
        the Minnesota state retirement system under section 352.029. 
           Subd. 2.  [NEW EMPLOYEES.] All persons first employed by 
        the former metropolitan transit commission as employees of the 
        transit operating division on or after July 1, 1978, are members 
        of the Minnesota state retirement system and are considered 
        state employees for purposes of this chapter unless specifically 
        excluded under section 352.01, subdivision 2b. 
           Subd. 3.  [EXISTING RETIRED MEMBERS AND BENEFIT 
        RECIPIENTS.] As of July 1, 1978, the liability for all 
        retirement annuities, disability benefits, survivorship 
        annuities, and survivor of deceased active employee benefits 
        paid or payable by the former metropolitan transit 
        commission-transit operating division employees retirement fund 
        is transferred to the Minnesota state retirement system, and is 
        no longer the liability of the former metropolitan transit 
        commission-transit operating division employees retirement 
        fund.  The required reserves for retirement annuities, 
        disability benefits, and optional joint and survivor annuities 
        in effect on June 30, 1978, and the required reserves for the 
        increase in annuities and benefits provided under subdivision 6 
        must be determined using a five percent interest assumption and 
        the applicable Minnesota state retirement system mortality table 
        and shall be transferred by the Minnesota state retirement 
        system to the Minnesota postretirement investment fund on July 
        1, 1978, but shall be considered transferred as of June 30, 
        1978.  The annuity or benefit amount in effect on July 1, 1978, 
        including the increase granted under subdivision 6, must be used 
        for adjustments made under section 11A.18.  For persons 
        receiving benefits as survivors of deceased former retirement 
        annuitants, the benefits must be considered as having commenced 
        on the date on which the retirement annuitant began receiving 
        the retirement annuity. 
           Subd. 4.  [EXISTING DEFERRED RETIREES.] Any former member 
        of the former metropolitan transit commission-transit operating 
        division employees retirement fund is entitled to a retirement 
        annuity from the Minnesota state retirement system if the 
        employee: 
           (1) is not an active employee of the transit operating 
        division of the former metropolitan transit commission on July 
        1, 1978; (2) has at least ten years of active continuous service 
        with the transit operating division of the former metropolitan 
        transit commission as defined by the former metropolitan transit 
        commission-transit operating division employees retirement plan 
        document in effect on December 31, 1977; (3) has not received a 
        refund of contributions; (4) has not retired or begun receiving 
        an annuity or benefit from the former metropolitan transit 
        commission-transit operating division employees retirement fund; 
        (5) is at least 55 years old; and (6) submits a valid 
        application for a retirement annuity to the executive director 
        of the Minnesota state retirement system.  
           The person is entitled to a retirement annuity in an amount 
        equal to the normal old age retirement allowance calculated 
        under the former metropolitan transit commission-transit 
        operating division employees retirement fund plan document in 
        effect on December 31, 1977, subject to an early retirement 
        reduction or adjustment in amount on account of retirement 
        before the normal retirement age specified in that former 
        metropolitan transit commission-transit operating division 
        employees retirement fund plan document. 
           The deferred retirement annuity of any person to whom this 
        subdivision applies must be augmented.  The required reserves 
        applicable to the deferred retirement annuity, determined as of 
        the date the allowance begins to accrue using an appropriate 
        mortality table and an interest assumption of five percent, must 
        be augmented by interest at the rate of five percent per year 
        compounded annually from January 1, 1978, to January 1, 1981, 
        and three percent per year compounded annually from January 1, 
        1981, to the first day of the month in which the annuity begins 
        to accrue.  Upon the commencement of the retirement annuity, the 
        required reserves for the annuity must be transferred to the 
        Minnesota postretirement investment fund in accordance with 
        subdivision 2 and section 352.119.  On applying for a retirement 
        annuity under this subdivision, the person is entitled to elect 
        a joint and survivor optional annuity under section 352.116, 
        subdivision 3.  
           Subd. 5.  [SAVINGS CLAUSE FOR CERTAIN EXISTING EMPLOYEES.] 
        Any person who is a member of the former metropolitan transit 
        commission-transit operating division employees retirement fund 
        on July 1, 1978, is entitled to retain past and prospective 
        rights under the retirement benefit formula, normal retirement 
        age, and early reduced retirement age provisions of the former 
        metropolitan transit commission-transit operating division 
        employees retirement fund plan document in effect on July 1, 
        1978, in lieu of the provisions in sections 352.115; 352.116; 
        352.22, subdivisions 3 to 11; and 356.30. 
           Subd. 6.  [INCREASE IN EXISTING ANNUITIES AND BENEFITS.] 
        All persons receiving retirement allowances or annuities, 
        disability benefits, survivorship annuities and survivor of 
        deceased active employee benefits from the former metropolitan 
        transit commission-transit operating division employees 
        retirement fund on December 31, 1977, and on July 1, 1978, are 
        entitled to have the allowances, annuities, or benefits 
        increased by an amount equal to $20 per month.  Notwithstanding 
        section 356.18, increases in payments under this subdivision 
        must be made automatically unless the intended recipient files 
        written notice with the executive director of the Minnesota 
        state retirement system requesting that the increase not be 
        made.  If any actuarial reduction or adjustment was applied to 
        the retirement allowance or annuity, disability benefit, 
        survivorship annuity, or survivor of deceased active employee 
        benefit, the increase specified in this subdivision must be 
        similarly reduced or adjusted.  Upon the death of any person 
        receiving an annuity or benefit if the person elected a joint 
        and survivor optional annuity the survivor is entitled to the 
        continued receipt of the increase provided for under this 
        subdivision, but the increase must be reduced or adjusted in 
        accordance with the optional annuity election.  
           Sec. 30.  Minnesota Statutes 1993 Supplement, section 
        352D.02, subdivision 1, is amended to read: 
           Subdivision 1.  [COVERAGE.] (a) Employees enumerated in 
        paragraph (b), if they are in the unclassified service of the 
        state or metropolitan council and are eligible for coverage 
        under the general state employees retirement plan under chapter 
        352, are participants in the unclassified program under this 
        chapter unless the employee gives notice to the executive 
        director of the Minnesota state retirement system within one 
        year following the commencement of employment in the 
        unclassified service that the employee desires coverage under 
        the general state employees retirement plan.  For the purposes 
        of this chapter, an employee who does not file notice with the 
        executive director is deemed to have exercised the option to 
        participate in the unclassified plan. 
           (b) Enumerated employees are: 
           (1) an employee in the office of the governor, lieutenant 
        governor, secretary of state, state auditor, state treasurer, 
        attorney general, or an employee of the state board of 
        investment; 
           (2) the head of a department, division, or agency created 
        by statute in the unclassified service, an acting department 
        head subsequently appointed to the position, or an employee 
        enumerated in section 15A.081, subdivision 1 or 15A.083, 
        subdivision 4; 
           (3) a permanent, full-time unclassified employee of the 
        legislature or a commission or agency of the legislature or a 
        temporary legislative employee having shares in the supplemental 
        retirement fund as a result of former employment covered by this 
        chapter, whether or not eligible for coverage under the 
        Minnesota state retirement system; 
           (4) a person other than an employee of the state board of 
        technical colleges who is employed in a position established 
        under section 43A.08, subdivision 1, clause (3), or subdivision 
        1a, or in a position authorized under a statute creating or 
        establishing a department or agency of the state, which is at 
        the deputy or assistant head of department or agency or director 
        level; 
           (5) the chair, chief administrator, and not to exceed nine 
        positions at the division director or administrative deputy 
        level of the metropolitan waste control commission as designated 
        by the commission; the chair, executive director, and not to 
        exceed three positions at the division director or assistant to 
        the chair level of the regional transit board; a chief 
        administrator who is an employee of the metropolitan transit 
        commission; the regional administrator, or executive director of 
        the metropolitan council, general counsel, division directors, 
        operations managers, and other positions as designated by the 
        council, all of which may not exceed 27 positions at the 
        council, and the chair, executive director, and not to exceed 
        nine positions at the division director or administrative deputy 
        level of the metropolitan council as designated by the council; 
        provided that upon initial designation of all positions provided 
        for in this clause, no further designations or redesignations 
        may be made without approval of the board of directors of the 
        Minnesota state retirement system; 
           (6) the executive director, associate executive director, 
        and not to exceed nine positions of the higher education 
        coordinating board in the unclassified service, as designated by 
        the higher education coordinating board before January 1, 1992, 
        or subsequently redesignated with the approval of the board of 
        directors of the Minnesota state retirement system, unless the 
        person has elected coverage by the individual retirement account 
        plan under chapter 354B; 
           (7) the clerk of the appellate courts appointed under 
        article VI, section 2, of the Constitution of the state of 
        Minnesota; 
           (8) the chief executive officers of correctional facilities 
        operated by the department of corrections and of hospitals and 
        nursing homes operated by the department of human services; 
           (9) an employee whose principal employment is at the state 
        ceremonial house; 
           (10) an employee of the Minnesota educational computing 
        corporation; 
           (11) an employee of the world trade center board; 
           (12) an employee of the state lottery board who is covered 
        by the managerial plan established under section 43A.18, 
        subdivision 3; 
           (13) an employee of the state board of technical colleges 
        employed in a position established under section 43A.08, 
        subdivision 1, clause (3), or 1a, unless the person has elected 
        coverage by the individual retirement account plan under chapter 
        354B; and 
           (14) an employee of the higher education board in a 
        position established under section 136E.04, subdivision 2, 
        unless the person has elected coverage by the individual 
        retirement account plan under chapter 354B.  
           Sec. 31.  Minnesota Statutes 1993 Supplement, section 
        353.64, subdivision 7a, is amended to read: 
           Subd. 7a.  [PENSION COVERAGE FOR CERTAIN METROPOLITAN 
        TRANSIT COMMISSION POLICE OFFICERS.] A person who is employed as 
        a full-time police officer on or after the first day of the 
        first payroll period after July 1, 1993, by the metropolitan 
        transit commission council and who is not eligible for coverage 
        under the agreement with the Secretary of the federal Department 
        of Health and Human Services making the provisions of the 
        federal Old Age, Survivors, and Disability Insurance Act because 
        the person's position is excluded from application under United 
        States Code, sections 418(d)(5)(A) and 418(d)(8)(D), and under 
        section 355.07, is a member of the public employees police and 
        fire fund and is considered to be a police officer within the 
        meaning of this section.  The metropolitan transit commission 
        council shall deduct the employee contribution from the salary 
        of each full-time police officer as required by section 353.65, 
        subdivision 2, shall make the employer contribution for each 
        full-time police officer as required by section 353.65, 
        subdivision 3, and shall meet the employer recording and 
        reporting requirements in section 353.65, subdivision 4. 
           Sec. 32.  Minnesota Statutes 1993 Supplement, section 
        400.08, subdivision 3, is amended to read: 
           Subd. 3.  [SERVICE CHARGES.] The county may establish by 
        ordinance, revise when deemed advisable, and collect just and 
        reasonable rates and charges for solid waste management services 
        provided by the county or by others under contract with the 
        county.  The ordinance may obligate the owners, lessees, or 
        occupants of property, or any or all of them, to pay charges for 
        solid waste management services to their properties, including 
        properties owned, leased, or used by the state or a political 
        subdivision of the state, including the regional transit board 
        established in section 473.373, the metropolitan airports 
        commission established in section 473.603, the state 
        agricultural society established in section 37.01, a local 
        government unit, and any other political subdivision, and may 
        obligate the user of any facility to pay a reasonable charge for 
        the use of the facility.  Rates and charges may take into 
        account the character, kind, and quality of the service and of 
        the solid waste, the method of disposition, the number of people 
        served at each place of collection, and all other factors that 
        enter into the cost of the service, including but not limited to 
        depreciation and payment of principal and interest on money 
        borrowed by the county for the acquisition or betterment of 
        facilities.  A notice of intention to enact an ordinance, 
        published pursuant to section 375.51, subdivision 2, shall 
        provide for a public hearing prior to the meeting at which the 
        ordinance is to be considered. 
           Sec. 33.  Minnesota Statutes 1992, section 422A.01, 
        subdivision 9, is amended to read: 
           Subd. 9.  "Public corporation" includes metropolitan 
        airports commission, metropolitan waste control commission 
        council and municipal employees retirement fund. 
           Sec. 34.  Minnesota Statutes 1992, section 422A.101, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [CONTRIBUTIONS BY METROPOLITAN AIRPORTS 
        COMMISSION AND METROPOLITAN WASTE CONTROL COMMISSION COUNCIL.] 
        The metropolitan airports commission and the waste control 
        commission metropolitan council shall pay to the Minneapolis 
        employees retirement fund annually in installments as specified 
        in subdivision 3 the share of the additional support rate 
        required for full amortization of the unfunded actuarial accrued 
        liabilities by June 30, 2020, that is attributable to employees 
        of airport commission or former metropolitan waste control 
        commission employees who are members of the fund.  The amount of 
        the payment shall be determined as if the airport and waste 
        control commissions' metropolitan council's employer 
        contributions determined under subdivision 2 had also included a 
        proportionate share of a $1,000,000 annual employer amortization 
        contribution.  The amount of this $1,000,000 annual employer 
        amortization contribution that would have been allocated to each 
        the commission or council would have been based on the share of 
        the fund's unfunded actuarial accrued liability attributed 
        to each the commission or council compared to the total unfunded 
        actuarial accrued liability attributed to all employers under 
        subdivisions 1a and 2.  The determinations required under this 
        subdivision must be based on the most recent actuarial valuation 
        prepared by the actuary retained by the legislative commission 
        on pensions and retirement. 
           Sec. 35.  Minnesota Statutes 1992, section 471A.02, 
        subdivision 8, is amended to read: 
           Subd. 8.  [MUNICIPALITY.] "Municipality" means a home rule 
        charter or statutory city, county, sanitary district, or other 
        governmental subdivision or public corporation, including the 
        metropolitan council and the metropolitan waste control 
        commission. 
           Sec. 36.  Minnesota Statutes 1992, section 473.121, 
        subdivision 5a, is amended to read: 
           Subd. 5a.  [METROPOLITAN AGENCY.] "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. 37.  Minnesota Statutes 1992, section 473.121, 
        subdivision 24, is amended to read: 
           Subd. 24.  [METROPOLITAN DISPOSAL SYSTEM.] "Metropolitan 
        disposal system" means any or all of the interceptors or 
        treatment works owned or operated by the metropolitan waste 
        control commission council. 
           Sec. 38.  Minnesota Statutes 1992, section 473.123, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CREATION.] A metropolitan council with 
        jurisdiction in the metropolitan area is created established as 
        a public corporation and political subdivision of the state.  It 
        shall be under the supervision and control of 17 members, all of 
        whom shall be residents of the metropolitan area. 
           Sec. 39.  Minnesota Statutes 1992, section 473.129, is 
        amended to read: 
           473.129 [ADMINISTRATION POWERS OF METROPOLITAN COUNCIL.] 
           Subdivision 1.  [GENERAL POWERS.] The metropolitan council 
        shall have and exercise all powers which may be necessary or 
        convenient to enable it to perform and carry out the duties and 
        responsibilities now existing or which may hereafter be imposed 
        upon it by law.  Such powers include the specific powers 
        enumerated in this section.  
           Subd. 2.  [OFFICERS AND EMPLOYEES.] The metropolitan 
        council may shall prescribe all terms and conditions for the 
        employment of its officers, employees, and agents including, but 
        not limited to the fixing of, adopting a compensation, their and 
        classification, benefits, and the filing of performance and 
        fidelity bonds and such policies of insurance as it may deem 
        advisable, the premium for which, however, shall be paid for by 
        the district.  Officers and plan for its employees.  Employees 
        of the metropolitan council, however, are public employees.  The 
        compensation and other conditions of employment of such officers 
        and employees shall not be governed by any rule applicable to 
        state employees in the classified service nor to any of the 
        provisions of chapter 15A, unless the council so provides.  
        Those employed by the metropolitan council and are members of 
        the Minnesota state retirement system.  Those employed by a 
        predecessor of the metropolitan council and transferred to it 
        may at their option become members of the Minnesota state 
        retirement system or may continue as members of the public 
        retirement association to which they belonged as employees of 
        the predecessor of the metropolitan council.  The metropolitan 
        council shall make the employer's contributions to pension funds 
        of its employees.  
           Subd. 3.  [CONSULTING CONTRACTS.] The metropolitan council 
        may contract for the services of consultants who perform 
        engineering, legal, or services of a professional nature.  Such 
        contracts shall not be subject to the requirements of any law 
        relating to public bidding.  
           Subd. 4.  [GIFTS AND APPROPRIATIONS.] The metropolitan 
        council may accept gifts, apply for and use grants or loans of 
        money or other property from the United States, the state, or 
        any person for any metropolitan council purpose and may enter 
        into agreements required in connection therewith and may hold, 
        use, and dispose of such moneys or property in accordance with 
        the terms of the gift, grant, loan, or agreement relating 
        thereto.  All moneys of the metropolitan council received 
        pursuant to this subdivision or any other provision of law shall 
        be deposited in the state treasury and the amount thereof is 
        appropriated annually to the metropolitan council for the 
        purposes of carrying out its duties and responsibilities.  
           Subd. 5.  [LOCAL GOVERNMENTAL PARTICIPATION.] The 
        metropolitan council may (1) participate as a party in any 
        proceedings originating before the Minnesota municipal board 
        under chapter 414, if the proceedings involve the change in a 
        boundary of a governmental unit in the metropolitan area, and (2)
        conduct studies of the feasibility of annexing, enlarging, or 
        consolidating units in the metropolitan area, (3) furnish space 
        and other necessary assistance to a metropolitan expediter 
        assigned to the metropolitan area or any part thereof under the 
        Federal Demonstration City Act of 1966, on condition that such 
        expediter files monthly reports with the metropolitan council 
        concerning the expediter's activities. 
           Subd. 6.  [PARTICIPATION IN METROPOLITAN AREA COMMISSIONS 
        AND BOARDS.] (a) The metropolitan council shall appoint from its 
        membership a member to serve with the metropolitan airports 
        commission, a member to serve with the mosquito control 
        commission, a member to serve on the Minneapolis-St. Paul 
        sanitary district or any successor thereof, and may appoint a 
        member to serve on any each metropolitan area commission or 
        board authorized by law agency.  Each member of the metropolitan 
        council so appointed on each of such commissions agencies shall 
        serve without a vote. 
           (b) The metropolitan council shall also appoint individuals 
        to the governing body of the cable communications metropolitan 
        interconnected regional channel entity under section 238.43, 
        subdivision 5. 
           Subd. 7.  [PROPERTY.] The council may acquire, own, hold, 
        use, improve, operate, maintain, lease, exchange, transfer, 
        sell, or otherwise dispose of personal or real property, 
        franchises, easements, or property rights or interests of any 
        kind.  
           Subd. 8.  [INSURANCE.] The council may provide for 
        self-insurance or otherwise provide for insurance relating to 
        any of its property, rights, or revenue, workers' compensation, 
        public liability, or any other risk or hazard arising from its 
        activities, and may provide for insuring any of its officers or 
        employees against the risk or hazard at the expense of the 
        council.  If the council provides for self-insurance, against 
        its liability and the liability of its officers, employees, and 
        agents for damages resulting from its torts and those of its 
        officers, employees, and agents, including its obligation to pay 
        basic economic loss benefits under sections 65B.41 to 65B.71, it 
        shall be entitled to deduct from damages and basic economic loss 
        benefits all money paid or payable to the persons seeking 
        damages and benefits from all governmental entities providing 
        medical, hospital, and disability benefits except for payments 
        made under the aid to families with dependent children or 
        medical assistance programs. 
           Subd. 9.  [INVESTIGATIONS.] When necessary and proper to 
        the performance of its duties, the council may enter in a 
        reasonable manner upon any premises for the purpose of making 
        any reasonably necessary or proper investigations and 
        examinations.  The entry is not a trespass.  The council is 
        liable for any actual and consequential loss, injury, or damage 
        from the entry.  When necessary and proper to the performance of 
        its duties, the council or its authorized agents may require the 
        production of accounts, books, records, memoranda, 
        correspondence, and other documents and papers of a person 
        receiving financial assistance from the council, may inspect and 
        copy them, and may have access to and may inspect the lands, 
        buildings, facilities, or equipment of the person.  
           Sec. 40.  Minnesota Statutes 1993 Supplement, section 
        473.13, subdivision 1, is amended to read: 
           Subdivision 1.  [BUDGET.] (a) On or before December 20 of 
        each year the council, after the public hearing required in 
        section 275.065, shall adopt a final 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.  The budget shall 
        state in detail the expenditures for each program to be 
        undertaken, including the expenses for salaries, consultant 
        services, overhead, travel, printing, and other items.  The 
        budget shall state in detail the capital expenditures of the 
        council for the budget year, based on a five-year capital 
        program adopted by the council and transmitted to the 
        legislature.  After adoption of the budget, an increase of over 
        $10,000 in the council's budget, a program or department budget, 
        or a budget item, must be approved by the council before the 
        increase is allowed or the funds obligated.  After adoption of 
        the budget and no later than five working days after December 
        20, the council shall certify to the auditor of each 
        metropolitan county the share of the tax to be levied within 
        that county, which must be an amount bearing the same proportion 
        to the total levy agreed on by the council as the net tax 
        capacity of the county bears to the net tax capacity 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. 
           (b) Each even-numbered year the council shall prepare for 
        its transit programs a financial plan for the succeeding three 
        calendar years, in half-year segments.  The financial plan must 
        contain the elements specified in section 473.1623, subdivision 
        3.  The financial plan must contain schedules of user charges 
        and any changes in user charges planned or anticipated by the 
        council during the period of the plan.  The financial plan must 
        contain a proposed request for state financial assistance for 
        the succeeding biennium. 
           (c) In addition, the budget must show for each year: 
           (1) 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; 
           (2) 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 
           (3) the estimated source and use of pass-through funds. 
           Sec. 41.  Minnesota Statutes 1992, section 473.13, 
        subdivision 4, is amended to read: 
           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 regional administrator or 
        designee after whatever auditing and approval of the expenditure 
        may be provided by rules of required by 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 general fund must be credited with all 
        collections made for any examination.  
           Sec. 42.  Minnesota Statutes 1992, section 473.146, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT.] The council shall adopt a 
        long-range comprehensive policy plan for each metropolitan 
        agency required to prepare an implementation plan under section 
        473.161 transportation, airports, and wastewater treatment.  The 
        plans must substantially conform to all policy statements, 
        purposes, goals, standards, and maps in the development guide 
        developed and adopted by the council under this chapter.  Each 
        policy plan must include, to the extent appropriate to the 
        functions, services, and systems covered, the following: 
           (1) forecasts of changes in the general levels and 
        distribution of population, households, employment, land uses, 
        and other relevant matters, for the metropolitan area and 
        appropriate subareas, 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; 
           (9) (7) a statement of the relationships to local 
        comprehensive plans prepared under sections 473.851 to 473.872; 
        and 
           (10) (8) additional general information as may be necessary 
        to develop the policy plan or as may be required by the laws 
        relating to the metropolitan agency and function covered by the 
        policy plan. 
           Sec. 43.  Minnesota Statutes 1992, section 473.146, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TRANSPORTATION PLANNING.] The metropolitan 
        council is the designated planning agency for any long-range 
        comprehensive transportation planning required by section 134 of 
        the Federal Highway Act of 1962, Section 4 of Urban Mass 
        Transportation Act of 1964 and Section 112 of Federal Aid 
        Highway Act of 1973 and other federal transportation laws.  The 
        council shall assure administration and coordination of 
        transportation planning with appropriate state, regional and 
        other agencies, counties, and municipalities, and shall 
        establish an advisory body consisting of citizens, 
        representatives of the regional transit board, citizens, 
        municipalities, counties, and state agencies in fulfillment of 
        the planning responsibilities of the council and the transit 
        board. 
           Sec. 44.  Minnesota Statutes 1992, 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 agency shall extend to, after 
        consultation with 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. 45.  Minnesota Statutes 1992, section 473.1623, 
        subdivision 2, is amended to read: 
           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, transit commission, 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.
           Sec. 46.  Minnesota Statutes 1993 Supplement, section 
        473.1623, subdivision 3, is amended to read: 
           Subd. 3.  [FINANCIAL REPORT.] By February 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 
        three two years preceding and two 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. 
           Sec. 47.  Minnesota Statutes 1992, section 473.164, is 
        amended to read: 
           473.164 [PAYMENT OF METROPOLITAN COUNCIL COSTS.] 
           Subdivision 1.  The metropolitan parks and open space 
        commission, the regional transit board, the metropolitan waste 
        control sports facilities commission, and the metropolitan 
        airports commission shall annually reimburse the council for 
        costs incurred by the council in the discharge of its 
        responsibilities relating to the commission or board.  The costs 
        may be charged against any revenue sources of the commission or 
        board as determined by the commission or board. 
           Subd. 2.  On or before May 1 of each year, the council 
        shall transmit to each commission or board an estimate of the 
        costs which the council will incur in the discharge of its 
        responsibilities related to the commission or board in the next 
        budget year including, without limitation, costs in connection 
        with the preparation, review, implementation and defense of 
        plans, programs and budgets of the commission or board.  Each 
        commission or board shall include the estimates in its budget 
        for the next budget year and may transmit its comments 
        concerning the estimated amount to the council during the budget 
        review process.  Prior to December 15 of each year, the amount 
        budgeted by each commission or board for the next budget year 
        may be changed following approval by the council.  During each 
        budget year, the commission or board shall transfer budgeted 
        funds to the council in advance when requested by the council. 
           Subd. 3.  At the conclusion of each budget year, the 
        council, in cooperation with each commission or board, shall 
        adopt a final statement of costs incurred by the council for 
        each commission or board.  Where costs incurred in the budget 
        year have exceeded the amount budgeted, each commission or board 
        shall transfer to the council the additional moneys needed to 
        pay the amount of the costs in excess of the amount budgeted, 
        and shall include a sum in its next budget.  Any excess of 
        budgeted costs over actual costs may be retained by the council 
        and applied to the payment of budgeted costs in the next year.  
        Costs incurred during 1976 shall be reimbursed to the council on 
        or before December 31, 1976, following receipt and in accordance 
        with a statement of costs transmitted by the council.  
        Notwithstanding the provisions of this section, after July 1, 
        1981, the metropolitan council shall not charge the regional 
        transit board for any costs incurred by the council for the 
        study of light rail transit unless the study plan and budget 
        have been approved by the board.  
           Sec. 48.  Minnesota Statutes 1993 Supplement, section 
        473.167, subdivision 1, is amended to read: 
           Subdivision 1.  [CONTROLLED ACCESS HIGHWAYS AND TRANSIT 
        FIXED-GUIDEWAYS; COUNCIL APPROVAL.] Before acquiring land for or 
        constructing a controlled access highway or transit 
        fixed-guideway in the area, the state transportation department 
        or local government unit proposing the acquisition or 
        construction shall submit to the council a statement describing 
        the proposed project.  The statement must be in the form and 
        detail required by the council.  Immediately upon receipt of the 
        statement, the council shall transmit a copy to the regional 
        transit board, which shall review and evaluate the project in 
        relationship to the board's implementation plan and report its 
        recommendations and comments to the council.  The council shall 
        also review the statement to ascertain its consistency with its 
        policy plan and the development guide.  No project may be 
        undertaken unless the council determines that it is consistent 
        with the policy plan and implementation plan.  This approval is 
        in addition to the requirements of any other statute, ordinance 
        or rule. 
           Sec. 49.  Minnesota Statutes 1992, section 473.168, 
        subdivision 2, is amended to read: 
           Subd. 2.  The metropolitan council in consultation with the 
        regional transit board may require that any freeway constructed 
        in the metropolitan area on which actual construction has not 
        been commenced by April 12, 1974 include provisions for 
        exclusive lanes for buses and, as the council may determine, 
        other forms of multipassenger transit.  The council, in making 
        its determination, must demonstrate that the exclusive lanes are 
        necessary to implement the transportation policy plan of the 
        development guide. 
           Sec. 50.  Minnesota Statutes 1992, section 473.173, 
        subdivision 3, is amended to read: 
           Subd. 3.  In developing the rules, 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, 
        economical 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 implementation plans and 
        functions performed and to be performed by a metropolitan 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. 51.  Minnesota Statutes 1992, section 473.173, 
        subdivision 4, is amended to read: 
           Subd. 4.  The rules 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, unless all parties consent in writing to 
        an extension.  The council shall extend the time to complete the 
        proceeding by an additional 30 days if the council determines 
        that a fair hearing cannot be completed in the time allowed.  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 agency that is subject to section 473.161.  The 
        rules 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 The council's approved policy plans and 
        implementation plans and areas of operational authority of 
        metropolitan 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. 
           (8) When announcing the scope of a significance review in 
        the notice commencing the review, the council shall state with 
        particularity, with respect to each issue identified in the 
        scoping document, the policies, provisions, statements, or other 
        elements in metropolitan development guide chapters or policy 
        plans and any other criteria or standards that will be 
        considered or relied on in assessing and determining the 
        metropolitan significance of the proposed project.  The 
        statement may be amended by notice to all parties given at least 
        seven days before the public hearing.  The statement does not 
        preclude council comment on the consistency of the proposed 
        project with any plans or policies of the council. 
           (9) Hearings must be conducted in accordance with the 
        following procedures, unless waived in writing by the parties: 
           (a) The parties have the right to counsel. 
           (b) All testimony must be under oath. 
           (c) A complete and accurate record of all proceedings must 
        be maintained. 
           (d) Any party or witness may be questioned by the hearing 
        committee or judge, or by other parties. 
           (e) The burden of proof that a matter is of metropolitan 
        significance is on the council. 
           (f) Decisions of the council on the metropolitan 
        significance of a project must be based on a fair preponderance 
        of the relevant evidence contained in the record and on written 
        findings. 
           Sec. 52.  Minnesota Statutes 1992, section 473.223, is 
        amended to read: 
           473.223 [FEDERAL AID.] 
           For the purposes of this section the term "governmental 
        subdivision" includes municipalities, counties and other 
        political subdivisions generally.  If federal aid for 
        transportation programs and projects is otherwise unavailable to 
        an existing agency or governmental subdivision, the metropolitan 
        council may cooperate with the government of the United States 
        and any agency or department thereof and the affected agency or 
        other governmental subdivision in establishing metropolitan area 
        eligibility to receive federal aid, and may comply with the 
        provisions of the laws of the United States and any rules and 
        regulations made thereunder for the expenditure of federal 
        moneys upon such projects as are proposed for federal 
        assistance.  If necessary to meet federal requirements, the 
        council, the regional transit board, and the metropolitan 
        transit commission may be considered a single eligible unit to 
        carry out their respective responsibilities.  The metropolitan 
        council may accept federal aid and other aid, either public or 
        private, for and in behalf of the metropolitan area or any 
        governmental subdivision of the state, for transportation 
        programs and projects within the metropolitan area upon such 
        terms and conditions as are or may be prescribed by the laws of 
        the United States and any rules or regulations made thereunder, 
        and is authorized to act as agent of any governmental 
        subdivision of the state with jurisdiction in the metropolitan 
        area upon request of such subdivision in accepting the aid in 
        its behalf for such programs or projects financed either in 
        whole or in part by federal aid.  The governing body of any such 
        subdivision is authorized to designate the metropolitan council 
        as its agent for such purposes and to enter into an agreement 
        with the council prescribing the terms and conditions of the 
        agency relationship in accordance with state and federal laws, 
        rules and regulations.  The metropolitan council is authorized 
        to designate an appropriate state agency as its agent for such 
        purposes and to enter into an agreement with such agency 
        prescribing the terms and conditions of the agency relationship 
        in accordance with state and federal laws, rules and regulations.
           Nothing contained herein shall limit any separate authority 
        of agencies or governmental subdivisions of the state to 
        contract for and receive federal aid. 
           Sec. 53.  Minnesota Statutes 1992, section 473.303, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MEMBERSHIP; APPOINTMENTS.] The commission shall 
        consist of eight members, plus a chair appointed as provided in 
        subdivision 3.  The metropolitan council shall appoint the eight 
        members in accordance with the provisions of section 
        473.141.  (a) The agency consists of eight members, plus a chair 
        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 
        district for which the member is to be appointed.  The 
        consultation with legislators in the affected district must 
        include informing each legislator of the name, address, and 
        background of each candidate for appointment and soliciting and 
        reporting to the appointments committee the recommendation of 
        each legislator on the appointment.  
           (b) In addition to the notice required in section 15.0597, 
        subdivision 4, notice of vacancies and expiration of terms must 
        be published in newspapers of general circulation in the 
        metropolitan area and the appropriate districts.  The 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 member applications to 
        the metropolitan council as provided under section 15.0597, 
        subdivision 5, the appointments committee shall conduct public 
        meetings, following appropriate notice, to accept statements 
        from or on behalf of persons who have applied or been nominated 
        for appointment and to allow consultation with and secure the 
        advice of the public and local elected officials.  The committee 
        shall hold the meeting on each appointment in the district or in 
        a reasonably convenient and accessible location in the part of 
        the metropolitan area in which the district is located.  The 
        committee may consolidate meetings.  Following the meetings, the 
        committee shall submit to the 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.  In making its 
        recommendation, the committee specifically shall consider 
        evidence of the candidate's commitment to regularly communicate 
        on issues before the agency with metropolitan council members, 
        legislators and local elected officials in the district, and the 
        committee shall report its findings on this subject in its 
        written report to the council. 
           (d) One member shall be appointed from each of the 
        following agency districts: 
           (1) district A, consisting of council districts 1 and 2; 
           (2) district B, consisting of council districts 3 and 4; 
           (3) district C, consisting of council districts 5 and 6; 
           (4) district D, consisting of council districts 7 and 8; 
           (5) district E, consisting of council districts 9 and 10; 
           (6) district F, consisting of council districts 11 and 12; 
           (7) district G, consisting of council districts 13 and 14; 
        and 
           (8) district H, consisting of council districts 15 and 16. 
           Sec. 54.  Minnesota Statutes 1992, section 473.303, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [MEMBERS; DUTIES.] Members have the duties 
        imposed by section 473.141, subdivision 3a.  Each member shall 
        communicate regularly with metropolitan council members, 
        legislators, and local government officials in the district the 
        member represents. 
           Sec. 55.  Minnesota Statutes 1992, section 473.303, 
        subdivision 4, is amended to read: 
           Subd. 4.  [QUALIFICATIONS.] Each member shall be a resident 
        of the commission district for which appointed and shall not 
        during terms of office as a commission member hold the office of 
        metropolitan council member, or be a member of the metropolitan 
        transit commission, metropolitan waste control commission, or 
        metropolitan airports commission; or any other metropolitan 
        agency, board, or commission hereafter established by the 
        legislature or hold any judicial office. 
           Sec. 56.  Minnesota Statutes 1992, 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 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 chairs are as follows:  members 
        representing commission districts A, B, C, and D, and the chair 
        of the commission, for terms ending the first Monday in January 
        of the year ending in the numeral "7"; members representing 
        commission districts E, F, G, and H, for terms ending the first 
        Monday in January of the year ending in the numeral "5."  
        Thereafter the term of each member and the chair is four years, 
        with terms ending the first Monday in January, except that all 
        terms expire on the effective date of the next apportionment.  
        The chair shall continue to serve until a successor is appointed 
        and qualified.  A member shall continue to serve the commission 
        district until a successor is appointed and qualified; except 
        that, following each apportionment, the member shall continue to 
        serve at large until the 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. 57.  Minnesota Statutes 1992, section 473.303, 
        subdivision 5, is amended to read: 
           Subd. 5.  [VACANCIES; REMOVAL.] If the office of any 
        commission member or the chair becomes vacant, the vacancy shall 
        be filled by appointment in the same manner the original 
        appointment was made.  Members, other than the chair, may be 
        removed by the council only for cause in the manner specified in 
        chapter 351.  The chair may be removed at the pleasure of the 
        council.  
           Sec. 58.  Minnesota Statutes 1992, section 473.303, 
        subdivision 6, is amended to read: 
           Subd. 6.  [COMPENSATION.] Members and the chair shall 
        be compensated as provided in section 473.141, subdivision 7 
        paid $50 for each day when the member or chair attends one or 
        more meetings, or provides other services, as authorized by the 
        commission, and shall be reimbursed for all actual and necessary 
        expenses incurred in the performance of duties.  
           Sec. 59.  Minnesota Statutes 1992, section 473.371, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [POLICY.] The legislature finds that, for 
        the provision of essential mobility and transportation options 
        in the metropolitan area, for the encouragement of alternatives 
        to the single-occupant vehicle and for the development of 
        transportation service designed to meet public needs efficiently 
        and effectively, there is a need for the creation of regional 
        transit programs and agencies with the powers and duties 
        prescribed by law in the metropolitan area.  
           Sec. 60.  Minnesota Statutes 1992, section 473.373, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [DUTIES OF THE BOARD.] (a) The duties of the 
        board are: 
           (1) to foster effective delivery of existing transit 
        services and encourage innovation in transit service; 
           (2) to increase transit service in suburban areas; 
           (3) to prepare implementation and financial plans for the 
        metropolitan transit system; 
           (4) to set policies and standards for implementing the 
        transit policies and programs of the state and the transit 
        policies of the metropolitan council in the metropolitan area; 
           (5) to advise and work cooperatively with local 
        governments, regional rail authorities, and other public 
        agencies, transit providers, developers, and other persons in 
        order to coordinate all transit modes and to increase the 
        availability of transit services; 
           (6) to conduct transit research and evaluation; and 
           (7) to administer state and metropolitan transit subsidies. 
           (b) Except as provided in section 473.386, the board shall 
        arrange with others for the delivery and provision of transit 
        services and facilities.  To the greatest extent possible, the 
        board shall avoid direct operational planning, administration, 
        and management of specific transit services and facilities. 
           (c) The board shall advise the council, the council's 
        transportation advisory board, the department of transportation, 
        political subdivisions, and private developers on the transit 
        aspects and effects of proposed transportation plans and 
        development projects and on methods of improving the 
        coordination, availability, and use of transit services as part 
        of an efficient and effective overall transportation system. 
           Sec. 61.  Minnesota Statutes 1992, section 473.375, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PROPERTY.] The board may acquire by purchase, 
        lease, gift, or grant property and interests in property 
        necessary for the accomplishment of its purposes and may sell or 
        otherwise dispose of property which it no longer requires.  The 
        board may not rent or lease any premises from a recipient of 
        financial assistance from the board.  Except for the rental or 
        lease of its office space, the board may not acquire or hold any 
        permanent or temporary right, title, or interest in or to real 
        property, including easements or development rights.  Except as 
        provided in section 473.386, the board may not acquire or hold 
        any permanent or temporary right, title, or interest in or to 
        transit vehicles. 
           Sec. 62.  Minnesota Statutes 1992, section 473.375, 
        subdivision 11, is amended to read: 
           Subd. 11.  [RIDESHARING.] Upon certification by the board, 
        after June 30, 1985, that it has adopted an approved interim 
        implementation plan and is ready to assume responsibilities for 
        the program, the board shall assume the responsibilities 
        identified by the board that are imposed on the commissioner of 
        transportation, the metropolitan council, or the transit 
        commission pursuant to section 174.257 and other applicable 
        provisions of law for the establishment and implementation of a 
        ridesharing program in the metropolitan area, except for the 
        statewide vanpool leasing program conducted by the 
        commissioner.  The commissioner, the council, and the commission 
        shall cooperate with the board in the transfer of these duties 
        and The council shall administer a ridesharing program in the 
        metropolitan area, except for the statewide vanpool leasing 
        program conducted by the commissioner of transportation and 
        shall cooperate with the commissioner in the conduct of 
        ridesharing activities in areas where the commissioner's 
        programs and the board's council's program overlap.  The board 
        council shall establish a rideshare advisory committee to advise 
        it in carrying out the program.  The board council may contract 
        for services in operating the program.  
           Sec. 63.  Minnesota Statutes 1992, section 473.375, 
        subdivision 12, is amended to read: 
           Subd. 12.  [ASSISTANCE.] The board council shall offer, 
        use, and apply its services to assist and advise transit 
        providers in the metropolitan transit area in the planning, 
        promotion, development, operation, and evaluation of programs 
        and projects which are undertaken or proposed to be undertaken 
        by contract with the board council, and shall seek out and 
        select recipients of this assistance and advice.  
           Sec. 64.  Minnesota Statutes 1992, section 473.375, 
        subdivision 13, is amended to read: 
           Subd. 13.  [FINANCIAL ASSISTANCE.] The board council may 
        provide financial assistance to the commission and other 
        providers as provided in sections 473.371 to 473.449 in 
        furtherance of and in conformance with the implementation plan 
        of the board.  The board council may not use the proceeds of 
        bonds issued by the council under section 473.39 to provide 
        capital assistance to private, for-profit operators of public 
        transit. 
           No political subdivision within the metropolitan area may 
        apply for federal transit assistance unless its application has 
        been submitted to and approved by the council. 
           Sec. 65.  Minnesota Statutes 1992, section 473.375, 
        subdivision 14, is amended to read: 
           Subd. 14.  [COORDINATION.] The board council shall 
        coordinate transit operations within the metropolitan area and 
        shall establish a transit information program to provide transit 
        users with accurate information on transit schedules and service.
           Sec. 66.  Minnesota Statutes 1992, section 473.375, 
        subdivision 15, is amended to read: 
           Subd. 15.  [PERFORMANCE STANDARDS.] The board council may 
        establish performance standards for recipients of financial 
        assistance. 
           Sec. 67.  Minnesota Statutes 1992, section 473.375, 
        subdivision 18, is amended to read: 
           Subd. 18.  [OPERATIONS.] The board may not own or operate 
        transit services, except as provided in section 473.386. 
           Sec. 68.  Minnesota Statutes 1992, section 473.382, is 
        amended to read: 
           473.382 [LOCAL PLANNING AND DEVELOPMENT PROGRAM.] 
           In preparing and amending its implementation plan pursuant 
        to section 473.377, The transit board council shall establish a 
        program to ensure participation by representatives of local 
        government units and the coordination of the planning and 
        development of transit by local government units.  The board 
        council shall encourage the establishment of local transit 
        planning and development boards by local governments for the 
        purpose of:  
           (a) assisting and advising the transit board in preparing 
        the implementation plan, including the identification 
        of identifying service needs and objectives; 
           (b) preparing, or advising and assisting local units of 
        government in preparing the transit study and service plan 
        required by section 473.384; 
           (c) preparing or advising the transit board council in the 
        review of applications for assistance under section 473.384.  
           The board council may provide local boards with whatever 
        assistance it deems necessary and appropriate.  
           Sec. 69.  Minnesota Statutes 1992, section 473.384, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONTRACTS REQUIRED.] The transit board 
        council shall make contracts with eligible recipients for 
        financial assistance to transit service within the metropolitan 
        area.  The board council may not give financial assistance to a 
        another transit provider other than the commission without first 
        having executed a contract.  The provisions of this section do 
        not apply to contracts made under sections 473.386 and 473.388.  
           Sec. 70.  Minnesota Statutes 1992, section 473.384, 
        subdivision 3, is amended to read: 
           Subd. 3.  [APPLICATIONS.] The board council shall establish 
        procedures and standards for review and approval of applications 
        for financial assistance under this section consistent with its 
        approved implementation plan.  An applicant must provide the 
        board council with the financial and other information the board 
        council requires to carry out its duties.  The board council may 
        specify procedures, including public hearing requirements, to be 
        followed by applicants that are cities, towns, or counties or 
        combinations thereof in conducting transit studies and 
        formulating service plans under subdivisions 4 and 5.  
           Sec. 71.  Minnesota Statutes 1992, section 473.384, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TRANSIT STUDY.] The board council shall require 
        that prior to applying for financial assistance by contract 
        under clause (a) of subdivision 2, the applicant must prepare 
        and submit a transit study which includes the following elements:
           (a) a determination of existing and future transit needs 
        within the area to be served, and an assessment of the adequacy 
        of existing service to meet the needs; 
           (b) an assessment of the level and type of service required 
        to meet unmet needs; 
           (c) an assessment of existing and future resources 
        available for the financing of transit service; and 
           (d) the type or types of any new government arrangements or 
        agreements needed to provide adequate service.  
           The transit study for any applicant may be done by the 
        board council.  
           Sec. 72.  Minnesota Statutes 1992, section 473.384, 
        subdivision 5, is amended to read: 
           Subd. 5.  [SERVICE PLAN.] The board council shall, before 
        making a contract with an eligible recipient, require the 
        submission of a service plan which includes the following 
        elements:  
           (a) a description of the service proposed for financial 
        assistance, including vehicles, routes, and schedules; 
           (b) an assessment of the extent to which the proposed 
        service meets the needs as determined by the transit study; 
           (c) a description of the contract administration and review 
        process if the operation of the proposed service is to be done 
        by a private contractor; 
           (d) a description of the amount required to establish and 
        operate the proposed service and the proposed sources of the 
        required amount including operating revenue, other local 
        sources, and assistance from the board council and from federal 
        sources; 
           (e) the fare structure of the proposed service; and 
           (f) projections of usage of the system.  
           The board council may specify procedures, including public 
        hearing requirements, to be followed by applicants that are 
        cities, towns, or counties or combinations thereof in conducting 
        transit studies and formulating service plans.  
           Sec. 73.  Minnesota Statutes 1992, section 473.384, 
        subdivision 6, is amended to read: 
           Subd. 6.  [FINANCIAL ASSISTANCE FOR CERTAIN PROVIDERS.] The 
        board council shall provide financial assistance to recipients 
        who were receiving assistance by contract with the commissioner 
        of transportation under Minnesota Statutes 1982, section 174.24, 
        subdivision 3 on July 1, 1984, so that the percentage of total 
        operating cost, as defined by the board council, paid by the 
        recipient from all local sources of revenue, including operating 
        revenue, does not exceed the percentage for the recipient's 
        classification as determined by the commissioner of 
        transportation under the commissioner's final contract with the 
        recipient.  The board council may include funds received under 
        section 473.446, subdivision 1a, as a local source of revenue.  
        The remainder of the total operating cost will be paid by 
        the board council less all assistance received by the recipient 
        for that purpose from any federal source.  
           If a recipient informs the board council in writing prior 
        to the distribution of financial assistance for any year that 
        paying its designated percentage of total operating cost from 
        local sources will cause undue hardship, the board council may 
        adjust the percentage as it deems equitable.  If for any year 
        the funds available to the board council are insufficient to 
        allow the board council to pay its share of total operating cost 
        for those recipients, the board council shall reduce its share 
        in each classification to the extent necessary.  
           Sec. 74.  Minnesota Statutes 1992, section 473.384, 
        subdivision 7, is amended to read: 
           Subd. 7.  [MTC TRANSIT OPERATIONS IMPACT ASSESSMENT.] Prior 
        to entering into a contract for operating assistance with a 
        recipient other than the transit commission, the board council 
        shall evaluate the effect, if any, of the contract on the 
        ridership, routes, schedules, fares, and staffing levels of the 
        existing and proposed service provided by the commission 
        council.  A copy of the assessment must be provided to the 
        commission.  The board council may enter into the contract only 
        if it determines that the service to be assisted under the 
        contract will not impose an undue hardship on the ridership or 
        financial condition of the commission the council's transit 
        operations.  The requirements of this subdivision do not apply 
        to contracts for assistance to recipients who, as part of a 
        negotiated cost-sharing arrangement with the board council, pay 
        a substantial part of the cost of services that directly benefit 
        the recipient as an institution or organization. 
           Sec. 75.  Minnesota Statutes 1992, section 473.384, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PARATRANSIT CONTRACTS.] In executing and 
        administering contracts for paratransit projects, the board 
        council has the powers and duties given to the commissioner of 
        transportation in section 174.255, subdivisions 1 and 2 relating 
        to handicapped accessibility and insurance coverage.  The 
        provisions of section 174.255, subdivision 3, apply to 
        paratransit projects which receive assistance by contract with 
        the board council. 
           Sec. 76.  Minnesota Statutes 1992, section 473.385, is 
        amended to read: 
           473.385 [TRANSIT SERVICE AREAS.] 
           Subdivision 1.  [DEFINITIONS.] (a) "Fully developed service 
        area" means the fully developed area, as defined in the 
        metropolitan council's development investment framework guide, 
        plus the cities of Mendota Heights, Maplewood, North St. Paul, 
        and Little Canada. 
           (b) "Regular route transit" has the meaning given it in 
        section 174.22, subdivision 8, except that, for purposes of this 
        section, the term does not include services on fixed routes and 
        schedules that are primarily intended to provide circulator 
        service within a community or adjacent communities rather than 
        feeder service to the system of metropolitan regular route 
        transit operated by the commission council. 
           Subd. 2.  [SERVICE AREAS.] The regional transit board 
        council may provide financial assistance (whether directly or 
        through another entity) to private, for-profit operators of 
        public transit only for the following services: 
           (1) services that are not regular route services; 
           (2) regular route services provided on June 2, 1989, by a 
        private, for-profit operator under contract with the board 
        council or under a certificate of convenience and necessity 
        issued by the transportation regulation board; 
           (3) regular route services outside of the fully developed 
        service area that are not operated on June 2, 1989, by the 
        commission council; 
           (4) regular route services provided under section 473.388; 
           (5) regular route services to recipients who, as part of a 
        negotiated cost-sharing arrangement with the board council, pay 
        at least 50 percent of the cost of the service that directly 
        benefits the recipient as an institution or organization; or 
           (6) regular route services that the board and the 
        commission agree are not or will not be operated for a 
        reasonable subsidy by the commission council. 
           Sec. 77.  Minnesota Statutes 1992, section 473.386, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SERVICE OBJECTIVES.] The transit board 
        council shall implement a special transportation service, as 
        defined in section 174.29, in the metropolitan area.  The 
        service has the following objectives:  
           (a) to provide greater access to transportation for the 
        elderly, handicapped, and others with special transportation 
        needs in the metropolitan area; 
           (b) to develop an integrated system of special 
        transportation service providing transportation tailored to meet 
        special individual needs in the most cost-efficient manner; and 
           (c) to use existing public, private, and private nonprofit 
        providers of service wherever possible, to supplement rather 
        than replace existing service, and to increase the productivity 
        of all special transportation vehicles available in the area.  
           Sec. 78.  Minnesota Statutes 1992, section 473.386, 
        subdivision 2, is amended to read: 
           Subd. 2.  [SERVICE CONTRACTS; MANAGEMENT; TRANSPORTATION 
        ACCESSIBILITY ADVISORY COMMITTEE.] (a) The board shall may 
        contract for services necessary for the provision of special 
        transportation.  All Transportation service must be provided 
        under a contract between the board and the provider which 
        specifies must specify the service to be provided, the standards 
        that must be met, and the rates for operating and providing 
        special transportation services.  
           (b) The board shall establish management policies for the 
        service but shall and may contract with a service administrator 
        for day-to-day administration and management of the 
        service.  The Any contract must delegate to the service 
        administrator clear authority to administer and manage the 
        delivery of the service pursuant to board management policies 
        and must establish performance and compliance standards for the 
        service administrator.  The board may provide directly day to 
        day administration and management of the service and may own or 
        lease vehicles used to provide the service.  
           (c) The metropolitan council shall review and approve the 
        board's proposed action under paragraph (a) or (b).  
           (d) The board shall ensure that the service administrator 
        establishes a system for registering and expeditiously 
        responding to complaints by users, informing users of how to 
        register complaints, and requiring providers to report on 
        incidents that impair the safety and well-being of users or the 
        quality of the service.  The board shall annually report to the 
        commissioner of transportation and the legislature on complaints 
        and provider reports, the response of the service administrator, 
        and steps taken by the board and the service administrator to 
        identify causes and provide remedies to recurring problems. 
           (d) (e) Within 90 days following August 1, 1987, the board 
        shall hold a public hearing on standards for provider 
        eligibility, selection, performance, compliance, and evaluation; 
        the terms of provider contracts and the contract with the 
        service administrator and related contract management policies 
        and procedures of the board; fare policies; service areas, 
        hours, standards, and procedures; and similar matters relating 
        to implementation of the service.  Each year before renewing 
        contracts with providers and the service administrator, the 
        board shall provide an opportunity for the transportation 
        accessibility advisory committee, users, and other interested 
        persons to testify before the board concerning providers, 
        contract terms, and other matters relating to board policies and 
        procedures for implementing the service. 
           (e) (f) The board shall establish a transportation 
        accessibility advisory committee.  The transportation 
        accessibility advisory committee must include elderly and 
        handicapped persons, other users of special transportation 
        service, representatives of persons contracting to provide 
        special transportation services, and representatives of 
        appropriate agencies for elderly and handicapped persons to 
        advise the board on management policies for the service.  At 
        least half the transportation accessibility advisory committee 
        members must be disabled or elderly persons or the 
        representatives of disabled or elderly persons.  Two of the 
        appointments to the transportation accessibility advisory 
        committee shall be made by the council on disability in 
        consultation with the chair of the regional transit board. 
           Sec. 79.  Minnesota Statutes 1993 Supplement, section 
        473.386, subdivision 2a, is amended to read: 
           Subd. 2a.  [ELIGIBILITY CERTIFICATION.] The board council 
        shall include the notice of penalty for fraudulent 
        certification, and require the person certifying the applicant 
        to sign the eligibility certification form and the applicant to 
        sign the application form, as provided in section 174.295. 
           Sec. 80.  Minnesota Statutes 1992, section 473.386, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DUTIES OF BOARD COUNCIL.] In implementing the 
        special transportation service, the board council shall:  
           (a) encourage participation in the service by public, 
        private, and private nonprofit providers of special 
        transportation currently receiving capital or operating 
        assistance from a public agency; 
           (b) contract with public, private, and private nonprofit 
        providers that have demonstrated their ability to effectively 
        provide service at a reasonable cost; 
           (c) encourage individuals using special transportation to 
        use the type of service most appropriate to their particular 
        needs; 
           (d) ensure that all persons providing special 
        transportation service receive equitable treatment in the 
        allocation of the ridership; 
           (e) encourage shared rides to the greatest extent 
        practicable; 
           (f) encourage public agencies that provide transportation 
        to eligible individuals as a component of human services and 
        educational programs to coordinate with this service and to 
        allow reimbursement for transportation provided through the 
        service at rates that reflect the public cost of providing that 
        transportation; 
           (g) establish criteria to be used in determining individual 
        eligibility for special transportation services; 
           (h) consult with the transportation accessibility advisory 
        committee in a timely manner before changes are made in the 
        provision of special transportation services, including, but not 
        limited to, changes in policies affecting the matters subject to 
        hearing under subdivision 2; 
           (i) provide for effective administration and enforcement of 
        board council policies and standards; and 
           (j) annually evaluate providers of special transportation 
        service to ensure compliance with the standards established for 
        the program. 
           Sec. 81.  Minnesota Statutes 1992, section 473.386, 
        subdivision 4, is amended to read: 
           Subd. 4.  [COORDINATION REQUIRED.] The board council may 
        not grant any financial assistance to any recipient that 
        proposes to use any part of the grant to provide special 
        transportation service in the metropolitan area unless the 
        program is coordinated with the board's council's special 
        transportation service in the manner determined by the board 
        council.  The board council is not required to provide funding 
        for transportation services from a residence to a service site 
        and home again when the services are used by individuals in 
        conjunction with their participation in human service 
        developmental achievement center programs in which 
        transportation to and from the program is a required and funded 
        component of those programs. 
           Sec. 82.  Minnesota Statutes 1992, section 473.386, 
        subdivision 5, is amended to read: 
           Subd. 5.  [EQUITABLE ALLOCATION AND ANNUAL REALLOCATION.] 
        The board council shall distribute all available funding under 
        this section in a manner designed to achieve an equitable 
        allocation of special transportation services based on the 
        proportion of the number of elderly, handicapped, disabled, or 
        economically disadvantaged individuals with special 
        transportation needs who actually use the special transportation 
        service.  
           Sec. 83.  Minnesota Statutes 1992, section 473.386, 
        subdivision 6, is amended to read: 
           Subd. 6.  [OPERATING AND SERVICE STANDARDS.] A person 
        operating or assisting the operation of a vehicle may leave the 
        vehicle to enter premises in order to help a passenger who does 
        not require emergency ambulance service.  Operators and 
        assistants shall provide the help necessary for 
        door-through-door service, including help in entering and 
        leaving the vehicle and help through the exterior entrance and 
        over any exterior steps at either departure or destination 
        buildings, provided that both the steps and the wheelchair are 
        in good repair.  If an operator or assistant refuses help 
        because of the condition of the steps or the wheelchair, the 
        operator of the service shall send letters to the service 
        administrator designated by the board council, who shall notify 
        the person denied service describing the corrective measures 
        necessary to qualify for service.  
           Sec. 84.  Minnesota Statutes 1992, section 473.387, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ADMINISTRATION.] The regional transit board 
        council shall design and administer the programs under this 
        section.  The board council may request proposals for projects 
        to demonstrate methods of achieving the purposes of programs 
        administered under this section.  The board council shall design 
        or ensure the design of programs that will provide better access 
        for the targeted service groups to places of employment and 
        activity throughout the metropolitan area, using regular route 
        transit, paratransit, taxis, car or van pools, or other means of 
        conveyance.  The board council may organize the services by 
        providing to individuals, directly or indirectly, reduced fares 
        or passes on public transit or vouchers to be used to purchase 
        transportation; by contracting with public and private 
        providers; by arrangements with government agencies, civic and 
        community organizations or nonprofit groups providing assistance 
        to the targeted service groups; by arrangements with prospective 
        employers, with employment, education, retail, medical, or other 
        activity centers, or with local governments; or by any other 
        methods designed to improve service and reduce costs to the 
        targeted service groups. 
           Sec. 85.  Minnesota Statutes 1992, section 473.387, 
        subdivision 3, is amended to read: 
           Subd. 3.  [JOBSEEKERS.] The board council shall establish a 
        program and policies to increase the availability and utility of 
        public transit services and reduce transportation costs for 
        persons who are seeking employment and who lack private means of 
        transportation. 
           Sec. 86.  Minnesota Statutes 1992, section 473.387, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TRANSIT DISADVANTAGED.] The board council shall 
        establish a program and policies to reduce transportation costs 
        for persons who are, because of limited incomes, age, 
        disability, or other reasons, especially dependent on public 
        transit for common mobility. 
           Sec. 87.  Minnesota Statutes 1992, section 473.388, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REPLACEMENT SERVICE; ELIGIBILITY.] The transit 
        board council may provide assistance under the program to a 
        statutory or home rule charter city or town or combination 
        thereof, that:  
           (a) is located in the metropolitan transit taxing district; 
           (b) is not served by the transit commission council bus 
        service or is served only with transit commission council bus 
        routes which begin or end within the applying city or town or 
        combination thereof; and 
           (c) has fewer than four scheduled runs of metropolitan 
        transit commission council bus service during off-peak hours 
        defined in section 473.408, subdivision 1.  
           Eligible cities or towns or combinations thereof may apply 
        on behalf of a transit operator with whom they propose to 
        contract for service.  
           The board council may not provide assistance under this 
        section to a statutory or home rule charter city or town unless 
        the city or town, 
           (i) was receiving assistance under Minnesota Statutes 1982, 
        section 174.265 by July 1, 1984, 
           (ii) had submitted an application for assistance under that 
        section by July 1, 1984, or 
           (iii) had submitted a letter of intent to apply for 
        assistance under that section by July 1, 1984, and submits an 
        application for assistance under this section by July 1, 1988.  
        A statutory or home rule charter city or town has an additional 
        12-month extension if it has notified the former regional 
        transit board before July 1, 1988, that the city or town is in 
        the process of completing a transportation evaluation study that 
        includes an assessment of the local transit needs of the city or 
        town. 
           Sec. 88.  Minnesota Statutes 1992, section 473.388, 
        subdivision 3, is amended to read: 
           Subd. 3.  [APPLICATION FOR ASSISTANCE.] An application for 
        assistance under this section must:  
           (a) describe the existing service provided to the applicant 
        by the transit commission council, including the estimated 
        number of passengers carried and the routes, schedules, and 
        fares; 
           (b) describe the transit service proposed for funding under 
        the demonstration program, including the anticipated number of 
        passengers and the routes, schedules, and fares; and 
           (c) indicate the total amount of available local transit 
        funds, the portion of the available local transit funds proposed 
        to be used to subsidize replacement services, and the amount of 
        assistance requested for the replacement services.  
           Sec. 89.  Minnesota Statutes 1992, section 473.388, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FINANCIAL ASSISTANCE.] The board council may 
        grant the requested financial assistance if it determines that 
        the proposed service is consistent with the approved 
        implementation plan and is intended to replace the service to 
        the applying city or town or combination thereof by the transit 
        commission council and that the proposed service will meet the 
        needs of the applicant at least as efficiently and effectively 
        as the existing service. 
           The amount of assistance which the board council may 
        provide under this section may not exceed the sum of:  
           (a) the portion of the available local transit funds which 
        the applicant proposes to use to subsidize the proposed service; 
        and 
           (b) an amount of financial assistance bearing an identical 
        proportional relationship to the amount under clause (a) as the 
        total amount of financial assistance to the transit 
        commission council bears to the total amount of taxes collected 
        by the board council under section 473.446.  The board council 
        shall pay the amount to be provided to the recipient from the 
        assistance the board council would otherwise pay to the transit 
        commission council.  
           For purposes of this section "available local transit funds"
        means 90 percent of the tax revenues which would accrue to the 
        board council from the tax it levies under section 473.446 in 
        the applicant city or town or combination thereof.  
           For purposes of this section, "tax revenues" in the city or 
        town means the sum of the following: 
           (1) the nondebt spread levy, which is the total of the 
        taxes extended by application of the local tax rate for nondebt 
        purposes on the taxable net tax capacity; 
           (2) the portion of the fiscal disparity distribution levy 
        under section 473F.08, subdivision 3, attributable to nondebt 
        purposes; and 
           (3) the portion of the homestead credit and agricultural 
        credit aid and disparity reduction aid amounts under section 
        273.1398, subdivisions 2 and 3, attributable to nondebt purposes.
           Tax revenues do not include the state feathering 
        reimbursement under section 473.446. 
           Sec. 90.  Minnesota Statutes 1992, section 473.388, 
        subdivision 5, is amended to read: 
           Subd. 5.  [OTHER ASSISTANCE.] A city or town receiving 
        assistance under this section may also receive assistance from 
        the board council under section 473.384.  In applying for 
        assistance under that section an applicant must describe the 
        portion of the available local transit funds which are not 
        obligated to subsidize replacement service and which the 
        applicant proposes to use to subsidize additional service.  An 
        applicant which has exhausted its available local transit funds 
        may use any other local subsidy funds to complete the required 
        local share.  
           Sec. 91.  Minnesota Statutes 1992, 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 subject 
        to the volume limitations in this section to provide funds to 
        the board for expenditure to implement the board's approved 
        implementation plan council's transit capital improvement 
        program and may issue general obligation bonds not subject to 
        the limitations for the refunding of outstanding bonds or 
        certificates of indebtedness of the council, the former regional 
        transit board or the former metropolitan transit commission, and 
        judgments against the former regional transit board or 
        the former metropolitan transit commission or the council.  The 
        council may not unreasonably withhold the issuance of 
        obligations for an implementation plan that has been approved by 
        the council.  The council may not issue obligations pursuant to 
        this subdivision, other than refunding bonds, in excess of the 
        amount specifically authorized by law.  Except as otherwise 
        provided in sections 473.371 to 473.449, the 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, subdivision 1, 
        clause (c).  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, subdivision 1, clause (c), the board 
        council shall levy the amounts certified by the council 
        necessary to provide full and timely payment of the obligations 
        and transfer the proceeds to the appropriate council account for 
        payment of the obligations.  The taxes must be levied, 
        certified, and collected in accordance with the terms and 
        conditions of the indebtedness. 
           Sec. 92.  Minnesota Statutes 1992, section 473.39, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [OBLIGATIONS.] (a) After August 1, 1989, the 
        council may issue certificates of indebtedness, bonds, or other 
        obligations under this section in an amount not exceeding 
        $26,000,000 $30,700,000 for transit financial assistance to the 
        commission, as prescribed in the implementation and council's 
        capital plans of the board and the capital improvement program 
        of the commission.  
           (b) After August 1, 1989, the council may issue 
        certificates of indebtedness, bonds, or other obligations under 
        this section in an amount not exceeding $4,700,000 for other 
        capital expenditures as prescribed in the implementation and 
        capital plans of the board.  
           (c) The board shall require, As a condition of the use of 
        transit financial assistance to the commission, that the 
        commission make under this section, the council must make the 
        transit facilities it constructs, acquires, or improves for 
        I-394 with funds provided under this section available to all 
        transit providers on a nondiscriminatory basis, as the board 
        council defines these terms.  
           (d) (c) The limitation contained in this subdivision does 
        not apply to refunding bonds issued by the council.  
           Sec. 93.  Minnesota Statutes 1992, section 473.39, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [OBLIGATIONS; 1993-1996.] The council may also 
        issue certificates of indebtedness, bonds, or other obligations 
        under this section in an amount not exceeding $62,000,000, of 
        which $44,000,000 may be used by the commission for council 
        transit fleet replacement, transit facilities, and transit 
        capital equipment, and $18,000,000 may be used by the board for 
        transit hubs, park-and-ride lots, community-based transit 
        vehicles and replacement service program vehicles, and 
        intelligent vehicle highway systems projects, and related costs 
        including the cost of issuance and sale of the obligations.  The 
        council may issue $32,000,000 of the total amount authorized 
        under this subdivision during fiscal biennium ending 1993, 
        $30,000,000 during fiscal biennium ending 1995. 
           Sec. 94.  Minnesota Statutes 1992, section 473.39, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [TRANSIT CAPITAL IMPROVEMENT PROGRAM.] The 
        council may not issue obligations pursuant to this section until 
        the council adopts a three-year transit capital improvement 
        program.  The program must include a capital investment 
        component that sets forth a capital investment strategy and 
        estimates the fiscal and other effects of the strategy.  The 
        component must specify, to the extent practicable, the capital 
        improvements to be undertaken.  For each improvement specified, 
        the program must describe:  (1) need, function, objective, and 
        relative priority; (2) alternatives, including alternatives not 
        involving capital expenditures; (3) ownership and operating 
        entity; (4) location and schedule of development; (5) 
        environmental, social, and economic effects; (6) cost; (7) 
        manner of finance and revenue sources, including federal and 
        state funds, private funds, taxes, and user charges; and (8) 
        fiscal effects, including an estimate of annual operating costs 
        and sources of revenue to pay the costs. 
           Sec. 95.  Minnesota Statutes 1992, section 473.391, is 
        amended to read: 
           473.391 [ROUTE PLANNING AND SCHEDULING.] 
           The regional transit board shall council may contract with 
        the metropolitan transit commission or other operators or local 
        governments for route planning and scheduling services in any 
        configuration of new or reconfiguration of existing transit 
        services and routes, including route planning and scheduling 
        necessary for the test marketing program, the service bidding 
        program, and the interstate highway described in section 
        161.123, clause (2), commonly known as I-394.  Route planning 
        and scheduling is subject to approval by the board for 
        conformity to the board's transit implementation plans and 
        route, schedule, and other service standards, objectives, and 
        policies established by the board. 
           Sec. 96.  Minnesota Statutes 1992, section 473.392, is 
        amended to read: 
           473.392 [SERVICE BIDDING.] 
           The regional transit board council may competitively bid 
        transit service only in accordance with standards, procedures, 
        and guidelines adopted by resolution of the board council.  
        The board council shall establish a project management team to 
        assist and advise the board council in developing and 
        implementing standards, procedures, and guidelines.  The project 
        management team must include representatives of the metropolitan 
        transit commission, the Amalgamated Transit Union Local 1005, 
        private operators, local governments, and other persons 
        interested in the subject.  At least 60 days before adopting any 
        standards, procedures, or guidelines for competitive bidding of 
        transit service, the board council shall hold a public hearing 
        on the subject.  The board council shall publish notice of the 
        hearing in newspapers of general circulation in the metropolitan 
        area not less than 15 days before the hearing.  At the hearing 
        all interested persons must be afforded an opportunity to 
        present their views orally and in writing.  Following the 
        hearing, and after considering the testimony, the board council 
        shall revise and adopt the standards, procedures, and guidelines.
           Sec. 97.  Minnesota Statutes 1992, section 473.394, is 
        amended to read: 
           473.394 [BOARD COUNCIL EXEMPT FROM TAXATION.] 
           The properties, moneys, and other assets of the transit 
        board council, all revenues or other income of the board 
        council, are exempt from all taxation, licenses, fees, or 
        charges of any kind imposed by the state or by any county, 
        municipality, political subdivision, taxing district, or other 
        public agency or body of the state.  
           Sec. 98.  Minnesota Statutes 1992, section 473.399, as 
        amended by Laws 1993, chapter 353, sections 5 and 20, is amended 
        to read: 
           473.399 [LIGHT RAIL TRANSIT; REGIONAL PLAN.] 
           Subdivision 1.  [GENERAL REQUIREMENTS.] (a) The transit 
        board council shall adopt a regional light rail transit plan as 
        part of the implementation plan pursuant to section 473.161, to 
        ensure that light rail transit facilities in the metropolitan 
        area will be acquired, developed, owned, and capable of 
        operation in an efficient, cost-effective, and coordinated 
        manner as an integrated and unified system on a multicounty 
        basis in coordination with buses and other transportation modes 
        and facilities.  To the extent practicable, the board council 
        shall incorporate into its plan appropriate elements of the 
        plans of regional railroad authorities in order to avoid 
        duplication of effort. 
           (b) The regional plan required by this section must be 
        adopted by the board council before the commissioner of 
        transportation may begin construction of light rail transit 
        facilities and before the commissioner may expend funds 
        appropriated or obtained through bonding for constructing light 
        rail transit facilities.  Following adoption of the regional 
        plan, each regional railroad authority and the commissioner of 
        transportation shall act in conformity with the plan.  The 
        commissioner shall prepare or amend the final design plans as 
        necessary to make the plans consistent with the regional plan. 
           (c) Throughout the development and implementation of the 
        plan, the board council shall contract for or otherwise obtain 
        engineering services to assure that the plan adequately 
        addresses the technical aspects of light rail transit.  
           Sec. 99.  Minnesota Statutes 1993 Supplement, section 
        473.3994, subdivision 10, is amended to read: 
           Subd. 10.  [CORRIDOR MANAGEMENT COMMITTEE.] A corridor 
        management committee shall be established to advise the 
        commissioner of transportation in the design and construction of 
        light rail transit in each corridor to be constructed.  The 
        corridor management committee shall consist of the members of 
        the light rail transit joint powers board established pursuant 
        to section 473.3998 and one representative from each city in 
        which the corridor is located.  Additionally, the commissioner 
        of transportation, the chair and three representatives of the 
        metropolitan council, the chair of the regional transit board, 
        and the chair of the metropolitan transit commission shall each 
        appoint a member to the committee.  For the corridor between 
        Minneapolis and St. Paul, the University of Minnesota shall 
        appoint one member to the committee.  The A member representing 
        the regional transit board metropolitan council shall chair the 
        committee.  
           The corridor management committee shall advise the 
        commissioner of transportation and the regional railroad 
        authority or authorities in whose jurisdiction the line or lines 
        are located on issues relating to the alternatives analysis, 
        environmental review, preliminary design, preliminary 
        engineering, final design, implementation method, and 
        construction of light rail transit.  
           Sec. 100.  Minnesota Statutes 1993 Supplement, section 
        473.3997, is amended to read: 
           473.3997 [FEDERAL FUNDING; LIGHT RAIL TRANSIT.] 
           (a) Upon completion of the alternatives analysis and draft 
        environmental impact statement for the central corridor transit 
        improvement project, the regional transit board council, the 
        commissioner of transportation, and the affected regional rail 
        authorities may prepare a joint application for federal 
        assistance for light rail transit facilities in the metropolitan 
        area.  The application must be reviewed and approved by the 
        metropolitan council before it is submitted by the board council 
        and the commissioner.  In reviewing the application the council 
        must consider the information submitted to it under section 
        473.3994, subdivision 9.  The board and the commissioner must 
        consult with the council in preparing the application.  
           (b) Until the application described in paragraph (a) is 
        submitted, no political subdivision in the metropolitan area may 
        on its own apply for federal assistance for light rail transit 
        planning or construction. 
           Sec. 101.  Minnesota Statutes 1992, section 473.405, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] The transit commission 
        metropolitan council has the powers and duties prescribed by 
        sections 473.404 to 473.449 and all powers necessary or 
        convenient to discharge its duties.  
           Sec. 102.  Minnesota Statutes 1992, section 473.405, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PROPERTY CONDEMNATION.] The commission council 
        may for transit purposes acquire, own, hold, use, improve, 
        operate, maintain, lease, exchange, transfer, sell, or otherwise 
        dispose of property, franchises, easements, or property rights 
        or interests of any kind.  The commission may acquire by 
        purchase, lease, gift, or condemnation proceedings pursuant to 
        chapter 117.  Except as provided in subdivision 9, 
        the commission council may take possession of any property for 
        which condemnation proceedings have been commenced at any time 
        after the filing of the petition describing the property in the 
        proceedings.  The commission council may contract with an 
        operator or other persons for the use by the operator or person 
        of any property under the commission's council's control.  
           Sec. 103.  Minnesota Statutes 1992, section 473.405, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TRANSIT SYSTEMS.] The commission council may 
        engineer, construct, equip, and operate transit and paratransit 
        systems, projects, or any parts thereof, including road lanes or 
        rights of way, terminal facilities, maintenance and garage 
        facilities, ramps, parking areas, and any other facilities 
        useful for or related to any public transit or paratransit 
        system or project.  
           Sec. 104.  Minnesota Statutes 1992, section 473.405, 
        subdivision 5, is amended to read: 
           Subd. 5.  [ACQUISITION OF TRANSIT SYSTEMS.] The 
        commission council may acquire by purchase, lease, gift, or 
        condemnation proceedings any existing public transit system or 
        any part thereof, including all or any part of the plant, 
        equipment, shares of stock, property, real, personal, or mixed, 
        rights in property, reserve funds, special funds, franchises, 
        licenses, patents, permits and papers, documents and records 
        belonging to any operator of a public transit system within the 
        metropolitan area, and may in connection therewith assume any or 
        all liabilities of any operator of a public transit system.  The 
        commission may not acquire any existing public transit system 
        until the acquisition has been approved by the transit board and 
        the metropolitan council.  The commission council may take 
        control of and operate a system immediately following the filing 
        and approval of the initial petition for condemnation, if 
        the commission council, in its discretion, determines this to be 
        necessary, and may take possession of all right, title and other 
        powers of ownership in all properties and facilities described 
        in the petition.  Control must be taken by resolution which is 
        effective upon service of a copy on the condemnee and the filing 
        of the resolution in the condemnation action.  In the 
        determination of the fair value of the existing public transit 
        system, there must not be included any value attributable to 
        expenditures for improvements made by the former metropolitan 
        transit commission or council. 
           The commission council may continue or terminate within 
        three months of acquisition any advertising contract in 
        existence by and between any advertiser and a transit system 
        that the commission council has acquired.  If the commission 
        council determines to terminate the advertising contract, it 
        shall acquire all of the advertiser's rights under the contract 
        by purchase or eminent domain proceedings as provided by law. 
           Sec. 105.  Minnesota Statutes 1992, section 473.405, 
        subdivision 9, is amended to read: 
           Subd. 9.  [CONDEMNATION OF PUBLIC PROPERTY OR PROPERTY OF 
        PUBLIC SERVICE CORPORATIONS.] The fact that property is owned by 
        or is in charge of a public agency or a public service 
        corporation organized for a purpose specified in section 300.03, 
        or is already devoted to a public use or to use by the 
        corporation or was acquired therefor by condemnation may not 
        prevent its acquisition by the commission council by 
        condemnation, but if the property is in actual public use or in 
        actual use by the corporation for any purpose of interest or 
        benefit to the public, the taking by the commission council by 
        condemnation may not be authorized unless the court finds and 
        determines that there is greater public necessity for the 
        proposed use by the commission council than for the existing use.
           Sec. 106.  Minnesota Statutes 1992, section 473.405, 
        subdivision 10, is amended to read: 
           Subd. 10.  [VOLUNTARY TRANSFER OF PUBLIC PROPERTY TO THE 
        COMMISSION COUNCIL.] Any state department or other agency of the 
        state government or any county, municipality, or other public 
        agency may sell, lease, grant, transfer, or convey to 
        the commission council, with or without consideration, any 
        facilities or any part or parts thereof or any real or personal 
        property or interest therein which may be useful to 
        the commission council for any authorized purpose.  In any case 
        where the construction of a facility has not been completed, the 
        public agency concerned may also transfer, sell, assign, and set 
        over to the commission council, with or without consideration, 
        any existing contract for the construction of the facilities.  
           Sec. 107.  Minnesota Statutes 1992, section 473.405, 
        subdivision 12, is amended to read: 
           Subd. 12.  [MANAGEMENT CONTRACTS.] Notwithstanding any of 
        the other provisions of sections 473.404 to 473.449, the 
        commission council may, in lieu of directly operating any public 
        transit system or any part thereof, enter into contracts for 
        management services.  The contracts may provide for 
        compensation, incentive fees, the employment of personnel, the 
        services provided, and other terms and conditions that 
        the commission council deems proper.  The contracts must provide 
        that the compensation of personnel who work full time or 
        substantially full time providing management or other services 
        for the commission council is public data under chapter 13.  
           The commission council may not permit a contract manager to 
        supervise or manage internal audit activities.  Internal audit 
        activity must be supervised and managed directly by the 
        commission council.  The commission council shall advertise for 
        bids and select contracts for management services through 
        competitive bidding.  The term of the contract may not be longer 
        than two years.  The contract must include clear operating 
        objectives, stating the service policies and goals of 
        the commission council in terms of the movement of various 
        passenger groups, and performance criteria, by means of which 
        success in achieving the operating objectives can be measured.  
        The commission council shall consider and determine the 
        feasibility and desirability of having all its transit 
        management services provided internally by employees of the 
        commission council.  
           The employees of any public transit system operated 
        pursuant to the provisions of this subdivision for the purpose 
        of resolving any dispute arising under any existing or new 
        collective bargaining agreement relating to the terms or 
        conditions of their employment, may either engage in a concerted 
        refusal to work or to invoke the processes of final and binding 
        arbitration as provided by chapter 572, subject to any 
        applicable provisions of the agreement not inconsistent with law.
           Sec. 108.  Minnesota Statutes 1992, section 473.405, 
        subdivision 15, is amended to read: 
           Subd. 15.  [RELOCATION OF DISPLACED PERSONS.] The 
        commission council may plan for and assist in the relocation of 
        individuals, families, business concerns, nonprofit 
        organizations, and others displaced by operations of the 
        commission council, and may make relocation payments in 
        accordance with federal regulations.  
           Sec. 109.  Minnesota Statutes 1993 Supplement, section 
        473.4051, is amended to read: 
           473.4051 [LIGHT RAIL TRANSIT OPERATION.] 
           The transit commission council shall operate light rail 
        transit facilities and services upon completion of construction 
        of the facilities and the commencement of revenue service using 
        the facilities.  The commissioner of transportation and the 
        commission council may not allow the commencement of revenue 
        service until after an appropriate period of acceptance testing 
        to ensure satisfactory performance.  In assuming the operation 
        of the system, the transit commission council must comply with 
        section 473.415.  The commission council shall coordinate 
        operation of the light rail transit system with bus service to 
        avoid duplication of service on a route served by light rail 
        transit and to ensure the widest possible access to light rail 
        transit lines in both suburban and urban areas by means of a 
        feeder bus system.  
           Sec. 110.  Minnesota Statutes 1993 Supplement, section 
        473.407, subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORIZATION.] The metropolitan transit 
        commission council may appoint peace officers, as defined in 
        section 626.84, subdivision 1, paragraph (c), and establish a 
        law enforcement agency, as defined in section 626.84, 
        subdivision 1, paragraph (h), known as the metropolitan transit 
        commission police, to police its transit property and routes and 
        to make arrests under sections 629.30 and 629.34.  The 
        jurisdiction of the law enforcement agency is limited to 
        offenses relating to commission council transit property, 
        equipment, employees, and passengers. 
           Sec. 111.  Minnesota Statutes 1993 Supplement, section 
        473.407, subdivision 2, is amended to read: 
           Subd. 2.  [LIMITATIONS.] The initial processing of a person 
        arrested by the transit commission police for an offense within 
        the agency's jurisdiction is the responsibility of the 
        transit commission police unless otherwise directed by the law 
        enforcement agency with primary jurisdiction.  A subsequent 
        investigation is the responsibility of the law enforcement 
        agency of the jurisdiction in which the crime was committed.  
        The transit commission police are not authorized to apply for a 
        search warrant as prescribed in section 626.05. 
           Sec. 112.  Minnesota Statutes 1993 Supplement, section 
        473.407, subdivision 3, is amended to read: 
           Subd. 3.  [POLICIES.] Before the commission council begins 
        to operate its law enforcement agency within a city or county 
        with an existing law enforcement agency, the transit commission 
        police shall develop, in conjunction with the law enforcement 
        agencies, written policies that describe how the issues of joint 
        jurisdiction will be resolved.  The policies must also address 
        the operation of emergency vehicles by transit commission police 
        responding to commission transit emergencies.  These policies 
        must be filed with the board of peace officer standards and 
        training by August 1, 1993.  Revisions of any of these policies 
        must be filed with the board within ten days of the effective 
        date of the revision.  The commission council shall train all of 
        its peace officers regarding the application of these policies. 
           Sec. 113.  Minnesota Statutes 1993 Supplement, section 
        473.407, subdivision 4, is amended to read: 
           Subd. 4.  [CHIEF LAW ENFORCEMENT OFFICER.] The commission 
        council shall appoint a peace officer employed full time to be 
        the chief law enforcement officer and to be responsible for the 
        management of the law enforcement agency.  The person shall 
        possess the necessary police and management experience and have 
        the title of chief of metropolitan transit commission police 
        services.  All other police management and supervisory personnel 
        must be employed full time by the commission council.  
        Supervisory personnel must be on duty and available any time 
        transit commission police are on duty.  The commission council 
        may not hire part-time peace officers as defined in section 
        626.84, subdivision 1, paragraph (f), except that the commission 
        council may appoint peace officers to work on a part-time basis 
        not to exceed 30 full-time equivalents. 
           Sec. 114.  Minnesota Statutes 1993 Supplement, section 
        473.407, subdivision 5, is amended to read: 
           Subd. 5.  [EMERGENCIES.] (a) The commission council shall 
        ensure that all emergency vehicles used by transit commission 
        police are equipped with radios capable of receiving and 
        transmitting on the same frequencies utilized by the law 
        enforcement agencies that have primary jurisdiction. 
           (b) When the transit commission police receive an emergency 
        call they shall notify the public safety agency with primary 
        jurisdiction and coordinate the appropriate response. 
           (c) Transit commission police officers shall notify the 
        primary jurisdictions of their response to any emergency. 
           Sec. 115.  Minnesota Statutes 1993 Supplement, section 
        473.407, subdivision 6, is amended to read: 
           Subd. 6.  [COMPLIANCE.] Except as otherwise provided in 
        this section, the transit commission police shall comply with 
        all statutes and administrative rules relating to the operation 
        and management of a law enforcement agency. 
           Sec. 116.  Minnesota Statutes 1992, section 473.408, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITION.] "Off-peak hours" means the 
        time from 9:00 a.m. to 3:30 p.m. and 6:30 p.m. until the last 
        bus on Monday through Friday of each week and all day Saturday, 
        Sunday, and holidays designated by the commission council. 
           Sec. 117.  Minnesota Statutes 1992, section 473.408, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FARE POLICY.] (a) Fares and fare collection 
        systems shall be established and administered to accomplish the 
        following purposes: 
           (a) (1) to encourage and increase transit and paratransit 
        ridership with an emphasis on regular ridership; 
           (b) (2) to restrain increases in the average operating 
        subsidy per passenger; 
           (c) (3) to ensure that no riders on any route pay more in 
        fares than the average cost of providing the service on that 
        route; 
           (d) (4) to ensure that operating revenues are proportioned 
        to the cost of providing the service so as to reduce any 
        disparity in the subsidy per passenger on routes in the transit 
        system; and 
           (e) (5) to implement the social fares as set forth in 
        subdivision 3.  
           (b) The plan must contain a statement of the policies that 
        will govern the imposition of user charges for various types of 
        transit service and the policies that will govern decisions by 
        the council to change fare policy. 
           Sec. 118.  Minnesota Statutes 1992, section 473.408, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [REGULAR ROUTE FARES.] The board council shall 
        establish and enforce uniform fare policies for regular route 
        transit in the metropolitan area.  The policies must be stated 
        in the board's three-year transit service implementation and 
        financing plan.  The policies must be consistent with the 
        requirements of this section and the council's transportation 
        policy plan.  The commission council and other operators shall 
        charge a base fare and any surcharges for peak hours and 
        distance of service in accordance with the council's fares 
        policies prescribed in the approved implementation plan of the 
        transit board.  The commission and other operators council shall 
        submit their approve all fare schedules to the board for 
        approval. 
           Sec. 119.  Minnesota Statutes 1992, section 473.408, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CIRCULATION FARES.] The commission council and 
        other operators may charge a reduced fare for service on any 
        route providing circulation service in a downtown area or 
        community activity center.  The commission council and other 
        operators shall not contribute more than 50 percent of the 
        operating deficit of any such route that is confined to a 
        downtown area or community activity center.  The boundaries of 
        service districts eligible for reduced fares under this 
        subdivision must be approved by the board council. 
           Sec. 120.  Minnesota Statutes 1992, section 473.408, 
        subdivision 6, is amended to read: 
           Subd. 6.  [MONTHLY PASSES.] The commission council may 
        offer monthly passes for regular route bus service for sale to 
        the general public.  
           Sec. 121.  Minnesota Statutes 1992, section 473.408, 
        subdivision 7, is amended to read: 
           Subd. 7.  [EMPLOYEE PLAN.] The commission council may offer 
        monthly passes for regular route bus service for sale to 
        employers at a special discount subject to the provisions of 
        this subdivision.  An employer may be eligible to purchase 
        passes at a special discount if the employer agrees to establish 
        a payroll deduction plan as a means for its employees to 
        purchase the passes at a price at or below the amount charged by 
        the commission council.  The special discount on passes sold 
        pursuant to this subdivision shall be determined by 
        the commission council. 
           Sec. 122.  Minnesota Statutes 1992, 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 a metropolitan agency may enter into an agreement with 
        the transit commission council 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 council or other 
        operator for use in lieu of fares on vehicles operated by 
        the commission council 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 council. 
           Sec. 123.  Minnesota Statutes 1992, section 473.411, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SERVICES OF DEPARTMENT OF TRANSPORTATION.] 
        The transit commission council may make use of engineering and 
        other technical and professional services, including regular 
        staff and qualified consultants, which the commissioner of 
        transportation can furnish, upon fair and reasonable 
        reimbursement for the cost thereof; provided, that 
        the commission council has final authority over the employment 
        of any services from other sources which it may deem necessary 
        for such purposes.  The commissioner of transportation may 
        furnish all engineering, legal, and other services, if so 
        requested by the commission council and upon fair and reasonable 
        reimbursement for the cost thereof by the commission council, 
        for the purposes stated in this subdivision, including the 
        acquisition by purchase, condemnation, or otherwise in the name 
        of the commission council of all lands, waters, easements, or 
        other rights or interests in lands or waters required by the 
        commission council.  No purchase of service agreements may be 
        made under this subdivision which are not included in the budget 
        of the commission council.  
           Sec. 124.  Minnesota Statutes 1992, section 473.411, 
        subdivision 4, is amended to read: 
           Subd. 4.  [STATE HIGHWAYS; JOINT USE FOR TRANSIT AND 
        HIGHWAY PURPOSES.] Wherever the joint construction or use of a 
        state highway is feasible in fulfilling the purposes of sections 
        473.404 to 473.449, the transit commission council shall enter 
        into an agreement with the commissioner of transportation 
        therefor, evidenced by a memorandum setting forth the terms of 
        the agreement.  Either the commission council or the 
        commissioner of transportation may acquire any additional lands, 
        waters, easements or other rights or interests required for 
        joint use in accordance with the agreement, or joint acquisition 
        may be made by condemnation as provided by section 117.016 and 
        the provisions of sections 473.404 to 473.449.  Under the 
        agreement each party shall pay to the other party reasonable 
        compensation for the costs of any services performed at the 
        request of the other party which may include any costs of 
        engineering, design, acquisition of property, construction of 
        the facilities, and for the use thereof so far as attributable 
        to and necessary for the purposes.  The commission council may 
        not agree to acquisitions or expenditures under this subdivision 
        which are not included in its budget.  
           Sec. 125.  Minnesota Statutes 1993 Supplement, section 
        473.411, subdivision 5, is amended to read: 
           Subd. 5.  [USE OF PUBLIC ROADWAYS AND APPURTENANCES.] 
        The transit commission council may use for the purposes of 
        sections 473.404 to 473.449 upon the conditions stated in this 
        subdivision any state highway or other public roadway, parkway, 
        or lane, or any bridge or tunnel or other appurtenance of a 
        roadway, without payment of any compensation, provided the use 
        does not interfere unreasonably with the public use or 
        maintenance of the roadway or appurtenance or entail any 
        substantial additional costs for maintenance.  The provisions of 
        this subdivision do not apply to the property of any common 
        carrier railroad or common carrier railroads.  The consent of 
        the public agency in charge of such state highway or other 
        public highway or roadway or appurtenance is not required; 
        except that if the commission council seeks to use a designated 
        parkway for regular route service in the city of Minneapolis, it 
        must obtain permission from and is subject to reasonable 
        limitations imposed by a joint board consisting of two 
        representatives from the transit commission council, two members 
        of the board of park commissioners, and a fifth member jointly 
        selected by the representatives of the transit commission 
        council and the park board.  
           The board of park commissioners and the transit 
        commission council may designate persons to sit on the joint 
        board.  In considering a request by the transit commission 
        council to use designated parkways for additional routes or 
        trips, the joint board consisting of the transit commission 
        council or their designees, the board of park commissioners or 
        their designees, and the fifth member, shall base its decision 
        to grant or deny the request based on the criteria to be 
        established by the joint board.  The decision to grant or deny 
        the request must be made within 45 days of the date of the 
        request.  The park board must be notified immediately by 
        the transit commission council of any temporary route detours.  
        If the park board objects to the temporary route detours within 
        five days of being notified, the joint board must convene and 
        decide whether to grant the request, otherwise the request is 
        deemed granted.  If the agency objects to the proposed use or 
        claims reimbursement from the commission council for additional 
        cost of maintenance, it may commence an action against 
        the commission council in the district court of the county 
        wherein the highway, roadway, or appurtenance, or major portion 
        thereof, is located.  The proceedings in the action must conform 
        to the rules of civil procedure applicable to the district 
        courts.  The court shall sit without jury.  If the court 
        determines that the use in question interferes unreasonably with 
        the public use or maintenance of the roadway or appurtenance, it 
        shall enjoin the use by the commission council.  If the court 
        determines that the use in question does not interfere 
        unreasonably with the public use or maintenance of the roadway 
        or appurtenance, but that it entails substantial additional 
        maintenance costs, the court shall award judgment to the agency 
        for the amount of the additional costs.  Otherwise the court 
        shall award judgment to the commission council.  An aggrieved 
        party may appeal from the judgment of the district court in the 
        same manner as is provided for such appeals in other civil 
        actions.  The commission council may also use land within the 
        right of way of any state highway or other public roadway for 
        the erection of traffic control devices, other signs, and 
        passenger shelters upon the conditions stated in this 
        subdivision and subject only to the approval of the commissioner 
        of transportation where required by statute, and subject to the 
        express provisions of other applicable statutes and to federal 
        requirements where necessary to qualify for federal aid. 
           Sec. 126.  Minnesota Statutes 1992, section 473.415, 
        subdivision 1, is amended to read: 
           Subdivision 1.  If the commission council acquires an 
        existing transit system, the commission council shall assume and 
        observe all existing labor contracts and pension obligations.  
        All employees of such system except executive and administrative 
        officers who are necessary for the operation thereof by 
        the commission council shall be transferred to and appointed as 
        employees of the commission council for the purposes of the 
        transit system, subject to all the rights and benefits of 
        sections 473.404 to 473.449.  Such employees shall be given 
        seniority credit and sick leave, vacation, insurance, and 
        pension credits in accordance with the records or labor 
        agreements from the acquired transit system.  The commission 
        council shall assume the obligations of any transit system 
        acquired by it with regard to wages, salaries, hours, working 
        conditions, sick leave, health and welfare and pension or 
        retirement provisions for employees.  The commission council and 
        the employees, through their representatives for collective 
        bargaining purposes, shall take whatever action may be necessary 
        to have pension trust funds presently under the joint control of 
        the acquired system and the participating employees through 
        their representatives transferred to the trust fund to be 
        established, maintained and administered jointly by 
        the commission council and the participating employees through 
        their representatives.  No employee of any acquired system who 
        is transferred to a position with the commission council shall 
        by reason of such transfer be placed in any worse position with 
        respect to workers' compensation, pension, seniority, wages, 
        sick leave, vacation, health and welfare insurance or any other 
        benefits than the employee enjoyed as an employee of such 
        acquired system. 
           Sec. 127.  Minnesota Statutes 1992, section 473.415, 
        subdivision 2, is amended to read: 
           Subd. 2.  For any employees of the former metropolitan 
        transit commission who were transferred to and appointed as 
        employees of the commission upon completion of acquisitions of 
        transit systems which occurred prior to the effective date of 
        Laws 1978, chapter 538, the provisions of Laws 1978, chapter 538 
        shall replace the provisions of subdivision 1 relating to the 
        pension obligations which the commission is required to assume, 
        and the pension or retirement plan and pension trust funds which 
        the commission is required to establish, maintain and administer.
        Upon compliance with the applicable provisions of Laws 1978, 
        chapter 538, the commission shall not be deemed to have placed 
        any employee of the commission who was transferred to and 
        appointed as an employee of the commission upon completion of 
        acquisitions of transit systems which occurred prior to the 
        effective date of Laws 1978, chapter 538, in any worse position 
        with respect to pension and related benefits than the employee 
        of the commission enjoyed as an employee of the acquired 
        existing transit system. 
           Sec. 128.  Minnesota Statutes 1992, section 473.415, 
        subdivision 3, is amended to read: 
           Subd. 3.  For any employees of the former metropolitan 
        transit commission who are transferred to and appointed as 
        employees of the commission upon completion of acquisitions of 
        transit systems which occur subsequent to the effective date of 
        Laws 1978, chapter 538, those employees shall be governed by the 
        provisions of Laws 1978, chapter 538 unless the acquisition of 
        the transit system which employed them immediately preceding the 
        acquisition included the acquisition of a pension trust fund 
        under the joint control of the acquired system and the 
        participating employees through their representatives. 
           Sec. 129.  Minnesota Statutes 1992, section 473.416, is 
        amended to read: 
           473.416 [COMMISSION; TAKING OVER PERSONNEL AND CONTRACTS OF 
        TRANSIT SYSTEMS.] 
           Whenever the transit commission council directly operates 
        any public transit system, or any part thereof, or enters into 
        any management contract or other arrangement for the operation 
        of a system, the commission council shall take the action 
        necessary to extend to employees of the affected public transit 
        systems, in accordance with seniority, the first opportunity for 
        reasonably comparable employment in any available nonsupervisory 
        jobs in respect to such operations for which they can qualify 
        after a reasonable training period.  The employment must not 
        result in any worsening of the employee's position in the 
        employee's former employment nor any loss of wages, hours, 
        working conditions, seniority, fringe benefits, and rights and 
        privileges pertaining thereto.  The commission council may enter 
        into an agreement specifying fair and equitable arrangements to 
        protect the interests of employees who may be affected if 
        the commission council should acquire any interest in or 
        purchase any facilities or other property of a privately owned 
        and operated transit system, or construct, improve, or 
        reconstruct any facilities or other property acquired from any 
        system, or provide by contract or otherwise for the operation of 
        transportation facilities or equipment in competition with, or 
        supplementary to, the service provided by an existing transit 
        system.  The agreement, specifying the terms and conditions of 
        the protective arrangements, must comply with any applicable 
        requirements of sections 473.404 to 473.449 this chapter, and 
        with the requirements of any federal law or regulation if 
        federal aid is involved.  The agreement may provide for final 
        and binding arbitration of any dispute.  
           The commission, upon commencing operations under sections 
        473.404 to 473.449, shall, so far as deemed practicable and 
        advisable in the discretion of the commission and subject to the 
        provisions hereof, take over and employ in corresponding 
        positions or other suitable positions the professional, 
        technical, and other personnel employed by the existing 
        metropolitan transit commission, hereinafter called the joint 
        powers transit commission, created by the joint and cooperative 
        agreement heretofore made between certain governmental units of 
        the transit area pursuant to section 471.59.  The transit 
        commission created by sections 473.401 to 473.451 shall upon 
        like conditions take over any contracts made by the joint powers 
        transit commission and in force on July 1, 1967 for professional 
        or technical services, rental of office space or other 
        facilities, or other contracts relating to any matter within the 
        purposes of sections 473.401 to 473.451.  The joint powers 
        transit commission shall execute all instruments which may be 
        necessary to effectuate the provisions of this section.  
           Sec. 130.  Minnesota Statutes 1992, section 473.418, is 
        amended to read: 
           473.418 [DISABILITY AND SURVIVORSHIP COVERAGE.] 
           From and after the effective date of Laws 1978, chapter 
        538, until the effective date of this section, the former 
        metropolitan transit commission shall provide for all active 
        employees of the transit operating division of the metropolitan 
        transit commission the disability and survivorship 
        coverage described in this section.  Thereafter, the council 
        shall provide for all active employees of the office of transit 
        operations the disability and survivorship coverage which, when 
        added to the disability benefit or the survivorship benefit 
        payable from the Minnesota state retirement system pursuant to 
        section 352.113 or 352.12, subdivision 2, will at least equal 
        the disability benefit or the survivorship benefit which that 
        employee at the time of disability or the employee's surviving 
        spouse at the time of the death of the employee while on active 
        duty would have been entitled to receive under the disability 
        benefit or survivor of active employee deceased while on active 
        duty benefit provisions of the metropolitan transit 
        commission-transit operating division employees retirement fund 
        plan document in effect on December 31, 1977.  The metropolitan 
        transit commission council shall not be required to provide any 
        supplementary disability benefit coverage or benefit amount to 
        replace the amount of any reduction in any disability payable 
        from the Minnesota state retirement system due to the receipt of 
        benefits under the workers' compensation law unless no offset of 
        the amount of workers' compensation benefits from the amount of 
        a disability benefit was required pursuant to the provisions of 
        article 10 of the metropolitan transit commission-transit 
        operating division employees retirement fund plan document in 
        effect on December 31, 1977.  The metropolitan transit 
        commission council may elect to provide the additional 
        disability and survivorship coverage either through contract 
        with an insurance carrier or through self-insurance.  If 
        the commission council elects to provide the coverage through an 
        insurance contract, the chair of the metropolitan transit 
        commission council is authorized to request bids from, or to 
        negotiate with, insurance carriers and to enter into contracts 
        with carriers which in the judgment of the commission council 
        are best qualified to underwrite and service this insurance 
        benefit coverage.  The commission council shall consider factors 
        such as the cost of the contracts as well as the service 
        capabilities, character, financial position and reputation with 
        respect to carriers under consideration, as well as any other 
        factors which the commission council deems appropriate.  The 
        disability and survivorship insurance contract with the 
        particular insurance carrier shall be for a uniform term of at 
        least one year, but may be made automatically renewable from 
        term to term in absence of notice of termination by either 
        party.  The disability and survivorship insurance contract shall 
        contain a detailed statement of benefits offered, maximums, 
        limitations, and exclusions.  A summary description of the 
        essential terms of the contract shall be provided by 
        the commission council to the labor organization which is the 
        exclusive bargaining agent representing employees of the office 
        of transit operating division operations of the metropolitan 
        transit commission council and to each active employee of the 
        office of transit operating operations division.  The 
        determination of whether the disability or survivorship 
        insurance coverage meets the minimum requirements of this 
        section shall be made by the commission council upon 
        consultation with the executive director of the Minnesota state 
        retirement system.  If the disability or survivorship coverage 
        provided by the metropolitan transit commission council fails at 
        any time after the effective date of Laws 1978, chapter 538, to 
        meet the requirements of this section as to the level of 
        disability or survivorship coverage to be provided, the 
        deficiency in the actual benefits provided shall continue to be 
        an obligation of the commission council.  Notwithstanding any 
        provisions of chapter 179 to the contrary, the labor 
        organization which is the exclusive bargaining agent 
        representing employees of the office of transit operating 
        division operations of the metropolitan transit 
        commission council may meet and bargain with the commission 
        council on an increase in the level of disability or survivor of 
        active employee deceased while on active duty coverage to be 
        provided by the commission council at the same time that wages 
        and other terms and conditions of employment are considered.  
        This section does not apply to employees hired after December 
        31, 1977. 
           Sec. 131.  Minnesota Statutes 1992, section 473.42, is 
        amended to read: 
           473.42 [EMPLOYER CONTRIBUTIONS FOR CERTAIN EMPLOYEES.] 
           Notwithstanding any contrary provisions of section 352.029, 
        the metropolitan transit commission council shall make the 
        employer contributions required pursuant to section 352.04, 
        subdivision 3, for any employee who was on authorized leave of 
        absence from the transit operating division of the former 
        metropolitan transit commission who is employed by the labor 
        organization which is the exclusive bargaining agent 
        representing employees of the office of transit operating 
        division operations and who is covered by the Minnesota state 
        retirement system in addition to all other employer 
        contributions the commission council is required to make. 
           Sec. 132.  Minnesota Statutes 1992, section 473.436, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LEGAL INVESTMENTS.] Certificates of 
        indebtedness, bonds, or other obligations issued by the 
        commission council to which tax levies have been pledged 
        pursuant to section 473.446, subdivision 1, shall be proper for 
        investment of any funds by any bank, savings bank, savings and 
        loan association, credit union, trust company, insurance company 
        or public or municipal corporation, and may be pledged by any 
        bank, savings bank, savings and loan association, credit union, 
        or trust company as security for the deposit of public moneys.  
           Sec. 133.  Minnesota Statutes 1992, section 473.436, 
        subdivision 3, is amended to read: 
           Subd. 3.  [TAX EXEMPT.] Certificates of indebtedness, 
        bonds, or other obligations of the commission council shall be 
        deemed and treated as instrumentalities of a public government 
        agency. 
           Sec. 134.  Minnesota Statutes 1992, section 473.436, 
        subdivision 6, is amended to read: 
           Subd. 6.  [TEMPORARY BORROWING.] On or after the first day 
        of any fiscal year, the commission council may borrow money 
        which may be used or expended by the commission council for any 
        purpose, including but not limited to current expenses, capital 
        expenditures and the discharge of any obligation or indebtedness 
        of the commission council.  The indebtedness must be represented 
        by a note or notes which may be issued from time to time in any 
        denomination and sold at public or private sale pursuant to a 
        resolution authorizing the issuance.  The resolution must set 
        forth the form and manner of execution of the notes and shall 
        contain other terms and conditions the commission council deems 
        necessary or desirable to provide security for the holders of 
        the notes.  The note or notes are payable from committed or 
        appropriated money from taxes, grants or loans of the state or 
        federal government made to the commission council, or other 
        revenues of the commission council, and the money may be pledged 
        to the payment of the notes.  The commission council is 
        authorized to pledge to the payment of the note or notes taxes 
        levied by the regional transit board it under section 473.446, 
        subdivision 1, clause (a), and if taxes are so pledged the board 
        council shall transfer amounts received from the levy to 
        the commission council for payment of the note or notes.  To the 
        extent the notes are not paid from the grant or loan money 
        pledged for the payment thereof, the principal and interest of 
        the notes must be paid from any taxes received by the transit 
        board council and any income and revenue received by or accrued 
        to the commission council during the fiscal year in which the 
        note or notes were issued, or other money of the commission 
        council lawfully available therefor. 
           Sec. 135.  Minnesota Statutes 1992, section 473.446, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TAXATION WITHIN TRANSIT TAXING DISTRICT.] 
        For the purposes of sections 473.404 to 473.449 and the 
        metropolitan transit system, except as otherwise provided in 
        this subdivision, the regional transit board council shall levy 
        each year upon all taxable property within the metropolitan 
        transit taxing district, defined in subdivision 2, a transit tax 
        consisting of: 
           (a) an amount which shall be used for payment of the 
        expenses of operating transit and paratransit service and to 
        provide for payment of obligations issued by the commission 
        council under section 473.436, subdivision 6; 
           (b) an additional amount, if any, the board council 
        determines to be necessary to provide for the full and timely 
        payment of its certificates of indebtedness and other 
        obligations outstanding on July 1, 1985, to which property taxes 
        under this section have been pledged; and 
           (c) an additional amount necessary to provide full and 
        timely payment of certificates of indebtedness, bonds, including 
        refunding bonds or other obligations issued or to be issued 
        under section 473.39 by the council for purposes of acquisition 
        and betterment of property and other improvements of a capital 
        nature and to which the council or board has specifically 
        pledged tax levies under this clause. 
           The property tax levied by the regional transit board 
        council for general purposes under clause (a) must not exceed 
        the following amount for the years specified: 
           (1) for taxes payable in 1988 1995, the product of two 
        mills multiplied by the total assessed valuation of all taxable 
        property located within the metropolitan transit taxing district 
        as adjusted by the provisions of Minnesota Statutes 1986, 
        sections 272.64; 273.13, subdivision 7a; and 275.49 council's 
        property tax levy limitation for general transit purposes is 
        equal to the former regional transit board's property tax levy 
        limitation for general transit purposes under this subdivision, 
        for taxes payable in 1994, multiplied by an index for market 
        valuation changes equal to the total market valuation of all 
        taxable property located within the metropolitan transit taxing 
        district for the current assessment year divided by the total 
        market valuation of all taxable property located within the 
        metropolitan transit taxing district for the previous assessment 
        year; and 
           (2) for taxes payable in 1989, the product of (i) the 
        regional transit board's property tax levy limitation for 
        general purposes for the taxes payable year 1988 determined 
        under clause (1) multiplied by (ii) an index for market 
        valuation changes equal to the assessment year 1988 total market 
        valuation of all taxable property located within the 
        metropolitan transit taxing district divided by the assessment 
        year 1987 total market valuation of all taxable property located 
        within the metropolitan transit taxing district; and 
           (3) for taxes payable in 1990 1996 and subsequent years, 
        the product of (i) the regional transit board's council's 
        property tax levy limitation for general transit purposes for 
        the previous year determined under this subdivision multiplied 
        by (ii) an index for market valuation changes equal to the total 
        market valuation of all taxable property located within the 
        metropolitan transit taxing district for the current assessment 
        year divided by the total market valuation of all taxable 
        property located within the metropolitan transit taxing district 
        for the previous assessment year. 
           For the purpose of determining the regional transit board's 
        council's property tax levy limitation for general transit 
        purposes for the taxes payable year 1988 and subsequent years 
        under this subdivision, "total market valuation" means the total 
        market valuation of all taxable property within the metropolitan 
        transit taxing district without valuation adjustments for fiscal 
        disparities (chapter 473F), tax increment financing (sections 
        469.174 to 469.179), and high voltage transmission lines 
        (section 273.425). 
           The county auditor shall reduce the tax levied pursuant to 
        this subdivision on all property within statutory and home rule 
        charter cities and towns that receive full-peak service and 
        limited off-peak service by an amount equal to the tax levy that 
        would be produced by applying a rate of 0.510 percent of net tax 
        capacity on the property.  The county auditor shall reduce the 
        tax levied pursuant to this subdivision on all property within 
        statutory and home rule charter cities and towns that receive 
        limited peak service by an amount equal to the tax levy that 
        would be produced by applying a rate of 0.765 percent of net tax 
        capacity on the property.  The amounts so computed by the county 
        auditor shall be submitted to the commissioner of revenue as 
        part of the abstracts of tax lists required to be filed with the 
        commissioner under section 275.29.  Any prior year adjustments 
        shall also be certified in the abstracts of tax lists.  The 
        commissioner shall review the certifications to determine their 
        accuracy and may make changes in the certification as necessary 
        or return a certification to the county auditor for 
        corrections.  The commissioner shall pay to the regional transit 
        board council the amounts certified by the county auditors on 
        the dates provided in section 273.1398.  There is annually 
        appropriated from the general fund in the state treasury to the 
        department of revenue the amounts necessary to make these 
        payments.  
           For the purposes of this subdivision, "full-peak and 
        limited off-peak service" means peak period regular route 
        service, plus weekday midday regular route service at intervals 
        longer than 60 minutes on the route with the greatest frequency; 
        and "limited peak period service" means peak period regular 
        route service only.  
           Sec. 136.  Minnesota Statutes 1992, section 473.446, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [TAXATION WITHIN TRANSIT AREA.] For the purposes 
        of sections 473.404 to 473.449, and the metropolitan transit 
        system, the regional transit board metropolitan council shall 
        levy upon all taxable property within the metropolitan transit 
        area but outside of the metropolitan transit taxing district, 
        defined in subdivision 2, a transit tax, which shall be equal to 
        ten percent of the sum of the levies provided in subdivision 1, 
        clauses (a) to (c).  The proceeds of this tax shall be used only 
        for paratransit services or ride sharing programs designed to 
        serve persons located within the transit area but outside of the 
        transit taxing district.  
           Sec. 137.  Minnesota Statutes 1992, section 473.446, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TRANSIT TAXING DISTRICT.] The metropolitan 
        transit taxing district is hereby designated as that portion of 
        the metropolitan transit area lying within the following named 
        cities, towns, or unorganized territory within the counties 
        indicated: 
           (a) Anoka county.  Anoka, Blaine, Centerville, Columbia 
        Heights, Coon Rapids, Fridley, Circle Pines, Hilltop, Lexington, 
        Lino Lakes, Spring Lake Park; 
           (b) Carver county.  Chanhassen, the city of Chaska; 
           (c) Dakota county.  Apple Valley, Burnsville, Eagan, Inver 
        Grove Heights, Lilydale, Mendota, Mendota Heights, Rosemount, 
        South St.  Paul, Sunfish Lake, West St. Paul; 
           (d) Ramsey county.  All of the territory within Ramsey 
        county; 
           (e) Hennepin county.  Bloomington, Brooklyn Center, 
        Brooklyn Park, Champlin, Chanhassen, Crystal, Deephaven, Eden 
        Prairie, Edina, Excelsior, Golden Valley, Greenwood, Hopkins, 
        Long Lake, Maple Grove, Medicine Lake, Minneapolis, Minnetonka, 
        Minnetonka Beach, Mound, New Hope, Orono, Osseo, Plymouth, 
        Richfield, Robbinsdale, St.  Anthony, St.  Louis Park, 
        Shorewood, Spring Park, Tonka Bay, Wayzata, Woodland, the 
        unorganized territory of Hennepin county; 
           (f) Scott county.  Prior Lake, Savage, Shakopee; 
           (g) Washington county.  Baytown, the city of Stillwater, 
        White Bear Lake, Bayport, Birchwood, Cottage Grove, Dellwood, 
        Lake Elmo, Landfall, Mahtomedi, Newport, Oakdale, Oak Park 
        Heights, Pine Springs, St. Paul Park, Willernie, Woodbury. 
           The commission metropolitan council in its sole discretion 
        may provide transit service by contract beyond the boundaries of 
        the metropolitan transit taxing district or to cities and towns 
        within the taxing district which are receiving financial 
        assistance under section 174.265, upon petition therefor by an 
        interested city, township or political subdivision within the 
        metropolitan transit area.  The commission metropolitan council 
        may establish such terms and conditions as it deems necessary 
        and advisable for providing the transit service, including such 
        combination of fares and direct payments by the petitioner as 
        will compensate the commission council for the full capital and 
        operating cost of the service and the related administrative 
        activities of the commission council.  The amount of the levy 
        made by any municipality to pay for the service shall be 
        disregarded when calculation of levies subject to limitations is 
        made, provided that cities and towns receiving financial 
        assistance under section 174.265 shall not make a special levy 
        under this subdivision without having first exhausted the 
        available local transit funds as defined in section 174.265.  
        The commission council shall not be obligated to extend service 
        beyond the boundaries of the taxing district, or to cities and 
        towns within the taxing district which are receiving financial 
        assistance under section 174.265, under any law or contract 
        unless or until payment therefor is received. 
           Sec. 138.  Minnesota Statutes 1992, section 473.446, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CERTIFICATION AND COLLECTION.] Each county 
        treasurer shall collect and make settlement of the taxes levied 
        under subdivisions 1 and 1a with the treasurer of the board 
        council.  The levy of transit taxes pursuant to this section 
        shall not affect the amount or rate of taxes which may be levied 
        by any county or municipality or by the board council for other 
        purposes authorized by law and shall be in addition to any other 
        property tax authorized by law. 
           Sec. 139.  Minnesota Statutes 1992, section 473.446, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PROTECTION OF RIGHTS OF HOLDERS OF OUTSTANDING 
        INDEBTEDNESS.] Beginning for taxes levied in 1984, payable in 
        1985, and for each succeeding year, the transit commission shall 
        certify to the transit board before October 1 of each year the 
        amounts necessary to provide full and timely payment of 
        certificates of indebtedness, bonds, and other obligations of 
        the commission, until all debt of the commission is fully 
        discharged. as part of its levy made pursuant to subdivisions 1 
        and 6, the board council shall levy the amounts certified by the 
        commission necessary to provide full and timely payment of 
        certificates of indebtedness, bonds, and other obligations of 
        the former metropolitan transit commission, until all debt of 
        the commission is fully discharged and transfer the proceeds to 
        the commission appropriate council account for payment of its 
        obligations.  The taxes must be levied, certified, and collected 
        in accordance with the terms and conditions of the 
        indebtedness.  Nothing in Laws 1984, chapter 654 may impair the 
        rights of holders of valid obligations of the former 
        metropolitan transit commission to require a levy of property 
        taxes.  The transit board council shall take the actions 
        necessary to comply with the terms and conditions of the 
        obligations, including if necessary the levy of property taxes 
        to provide for a deficiency.  
           Sec. 140.  Minnesota Statutes 1993 Supplement, section 
        473.446, subdivision 8, is amended to read: 
           Subd. 8.  [STATE REVIEW.] The board council must certify 
        its property tax levy to the commissioner of revenue by August 1 
        of the levy year.  The commissioner of revenue shall annually 
        determine whether the property tax for general transit purposes 
        certified by the regional transit board council for levy 
        following the adoption of its budget is within the levy 
        limitation imposed by subdivision 1.  The commissioner shall 
        also annually determine whether the transit tax imposed on all 
        taxable property within the metropolitan transit area but 
        outside of the metropolitan transit taxing district is within 
        the levy limitation imposed by subdivision 1a.  The 
        determination must be completed prior to September 10 of each 
        year.  If current information regarding market valuation in any 
        county is not transmitted to the commissioner in a timely 
        manner, the commissioner may estimate the current market 
        valuation within that county for purposes of making the 
        calculations. 
           Sec. 141.  Minnesota Statutes 1992, section 473.448, is 
        amended to read: 
           473.448 [COMMISSION COUNCIL; EXEMPTION FROM TAXATION.] 
           Notwithstanding any other provision of law to the contrary, 
        the properties, moneys, and other assets of the commission 
        council, all revenues or other income of the commission council 
        shall be exempt from all taxation, licenses, fees, or charges of 
        any kind imposed by the state or by any county, municipality, 
        political subdivision, taxing district, or other public agency 
        or body of the state.  
           Sec. 142.  Minnesota Statutes 1992, section 473.449, is 
        amended to read: 
           473.449 [ACT EXCLUSIVE.] 
           The exercise by the commission council of the powers 
        provided in sections 473.404 to 473.449 shall not be subject to 
        regulation by or the jurisdiction or control of any other public 
        body or agency, either state, county, or municipal, except as 
        specifically provided in this chapter. 
           Sec. 143.  Minnesota Statutes 1992, section 473.504, 
        subdivision 4, is amended to read: 
           Subd. 4.  The commission council shall have the power to 
        adopt rules relating to the operation of any interceptors or 
        treatment works operated by it, and may provide penalties for 
        the violation thereof not exceeding the maximum which may be 
        specified for a misdemeanor.  Any rule prescribing a penalty for 
        violation shall be published at least once in a newspaper having 
        general circulation in the metropolitan area.  
           Sec. 144.  Minnesota Statutes 1992, section 473.504, 
        subdivision 5, is amended to read: 
           Subd. 5.  The council or commission with the consent of the 
        council may accept gifts, may apply for and accept grants or 
        loans of money or other property from the United States, the 
        state, or any person for any of its purposes, including any 
        grant available under the federal water pollution act amendments 
        of 1972, whether for construction, research or pilot project 
        implementation, may enter into any agreement required in 
        connection therewith, and may hold, use, and dispose of such 
        money or property in accordance with the terms of the gift, 
        grant, loan or agreement relating thereto.  The commission with 
        the consent of the council shall have council has all powers 
        necessary to comply with the federal water pollution control act 
        amendments of 1972 and any grant offered to it thereunder 
        including, but not limited to, the power to enter into such 
        contracts with, or to impose such charges upon, persons using 
        the metropolitan disposal system as it shall determine to be 
        necessary for the recovery of treatment works and interceptor 
        costs paid with federal grant funds.  Insofar as possible these 
        costs shall be recovered by local government units on behalf of 
        the commission council. 
           Sec. 145.  Minnesota Statutes 1992, section 473.504, 
        subdivision 6, is amended to read: 
           Subd. 6.  The council or commission may act under the 
        provisions of section 471.59, or any other appropriate law 
        providing for joint or cooperative action between government 
        units.  
           Sec. 146.  Minnesota Statutes 1992, section 473.504, 
        subdivision 9, is amended to read: 
           Subd. 9.  The commission council may acquire by purchase, 
        lease, condemnation, gift, or grant, any real or personal 
        property including positive and negative easements and water and 
        air rights, and it may construct, enlarge, improve, replace, 
        repair, maintain, and operate any interceptor or treatment works 
        determined to be necessary or convenient for the collection and 
        disposal of sewage in the metropolitan area.  Any local 
        government unit and the commissioners of transportation and 
        natural resources are authorized to convey to or permit the use 
        of any such facilities owned or controlled by it by the council 
        or the commission, subject to the rights of the holders of any 
        bonds issued with respect thereto, with or without compensation, 
        without an election or approval by any other government agency.  
        All powers conferred by this subdivision may be exercised both 
        within or without the metropolitan area as may be necessary for 
        the exercise by the council or commission of its powers or the 
        accomplishment of its purposes.  The commission council may hold 
        such property for its purposes, and may lease any such property 
        so far as not needed for its purposes, upon such terms and in 
        such manner as it shall deem advisable.  Unless otherwise 
        provided, the right to acquire lands and property rights by 
        condemnation shall be exercised in accordance with chapter 117, 
        and shall apply to any property or interest therein owned by any 
        local government unit; provided, that no such property devoted 
        to an actual public use at the time, or held to be devoted to 
        such use within a reasonable time, shall be so acquired unless a 
        court of competent jurisdiction shall determine that the use 
        proposed by the board is paramount to such use.  Except in case 
        of property in actual public use, the commission council may 
        take possession of any property for which condemnation 
        proceedings have been commenced at any time after the issuance 
        of a court order appointing commissioners for its condemnation.  
           Sec. 147.  Minnesota Statutes 1992, section 473.504, 
        subdivision 10, is amended to read: 
           Subd. 10.  The commission council may construct or maintain 
        its systems or facilities in, along, on, under, over, or through 
        public streets, bridges, viaducts, and other public rights of 
        way without first obtaining a franchise from any local 
        government unit having jurisdiction over them; but such 
        facilities shall be constructed and maintained in accordance 
        with the ordinances and resolutions of any such government unit 
        relating to construction, installation, and maintenance of 
        similar facilities in such public properties and shall not 
        obstruct the public use of such rights of way.  
           Sec. 148.  Minnesota Statutes 1992, section 473.504, 
        subdivision 11, is amended to read: 
           Subd. 11.  The commission council may sell or otherwise 
        dispose of any real or personal property acquired by it which is 
        no longer required for accomplishment of its purposes.  Such 
        property may be sold in the manner provided by section 469.065, 
        insofar as practical.  The commission council may give such 
        notice of sale as it shall deem appropriate.  When 
        the commission council determines that any property or any 
        interceptor or treatment works or any part thereof which has 
        been acquired from a local government unit without compensation 
        is no longer required, but is required as a local facility by 
        the government unit from which it was acquired, the commission 
        council may by resolution transfer it to such government unit.  
           Sec. 149.  Minnesota Statutes 1992, section 473.504, 
        subdivision 12, is amended to read: 
           Subd. 12.  The commission council may contract with the 
        United States or any agency thereof, any state or agency 
        thereof, or any local government unit or governmental agency or 
        subdivision, for the joint use of any facility owned by 
        the commission council or such entity, for the operation by such 
        entity of any system or facility of the commission council, or 
        for the performance on the commission's council's behalf of any 
        service, on such terms as may be agreed upon by the contracting 
        parties.  
           Sec. 150.  Minnesota Statutes 1992, section 473.511, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DUTY OF COMMISSION COUNCIL; ACQUISITION OF 
        EXISTING FACILITIES; NEW FACILITIES.] At any time after January 
        1, 1970, until the effective date of this section, the former 
        metropolitan waste control commission, and after the effective 
        date of this section, the council shall assume ownership of all 
        existing interceptors and treatment works which will be needed 
        to implement the council's comprehensive plan for the 
        collection, treatment, and disposal of sewage in the 
        metropolitan area, in the manner and subject to the conditions 
        prescribed in subdivisions 2 and 4, and shall thereafter 
        acquire, construct, equip, operate and maintain all additional 
        interceptors and treatment works which will be needed for such 
        purpose.  The commission council shall assume ownership of all 
        treatment works owned by a local government unit if any part of 
        such treatment works will be needed for such purpose. 
           Sec. 151.  Minnesota Statutes 1992, section 473.511, 
        subdivision 2, is amended to read: 
           Subd. 2.  [METHOD OF ACQUISITION; EXISTING DEBT.] The 
        commission, with the approval of the council, may require any 
        local government unit to transfer to the commission council, all 
        of its right, title and interest in any interceptors or 
        treatment works and all necessary appurtenances thereto owned by 
        such local government unit which will be needed for the purpose 
        stated in subdivision 1.  Appropriate instruments of conveyance 
        for all such property shall be executed and delivered to 
        the commission council by the proper officers of each local 
        government unit concerned.  All persons regularly employed by a 
        local government unit to operate and maintain any treatment 
        works so transferred to the commission council, on the date on 
        which the transfer becomes effective, shall be employees of 
        the commission council, in the same manner and with the same 
        options and rights as are reserved to employees of sanitary 
        districts and joint boards under subdivision 3.  The commission 
        council, upon assuming ownership of any such interceptors or 
        treatment works, shall become obligated to pay to such local 
        government unit amounts sufficient to pay when due all remaining 
        principal of and interest on bonds issued by such local 
        government unit for the acquisition or betterment of the 
        interceptors or treatment works taken over.  Such amounts may be 
        offset against any amount to be paid to the commission council 
        by the local government unit as provided in section 473.517. 
           Sec. 152.  Minnesota Statutes 1992, section 473.511, 
        subdivision 3, is amended to read: 
           Subd. 3.  [EXISTING SANITARY DISTRICTS AND JOINT SEWER 
        BOARDS.] Effective January 1, 1971, the corporate existence of 
        the Minneapolis-St. Paul Sanitary District, the North Suburban 
        Sanitary Sewer District, and any joint board created by 
        agreement among local government units pursuant to section 
        471.59, to provide interceptors and treatment works for such 
        local government units, shall terminate.  All persons regularly 
        employed by such sanitary districts and joint boards on that 
        date or on any earlier date on which the former waste control 
        commission pursuant to subdivisions 1 and 2 assumes assumed 
        ownership and control of any interceptors or treatment works 
        owned or operated by such sanitary districts and joint boards, 
        shall be and who are employees of the commission on the 
        effective date of this section, shall be employees of the 
        council, and may at their option become members of the Minnesota 
        state retirement system or may continue as members of a public 
        retirement association under chapter 422A or any other law, to 
        which they belonged before such date, and shall retain all 
        pension rights which they may have under such latter laws, and 
        all other rights to which they are entitled by contract or law.  
        Members of trades who are employed by the former metropolitan 
        waste control commission, who have trade union pension coverage 
        pursuant to a collective bargaining agreement, and who elected 
        exclusion from coverage pursuant to section 473.512, or who are 
        first employed after July 1, 1977, shall not be covered by the 
        Minnesota state retirement system.  The waste control commission 
        council shall make the employer's contributions to pension funds 
        of its employees.  Such employees shall perform such duties as 
        may be prescribed by the commission council.  All funds of such 
        sanitary districts and joint boards then on hand, and all 
        subsequent collections of taxes, special assessments or service 
        charges levied or imposed by or for such sanitary districts or 
        joint boards shall be transferred to the waste control 
        commission council.  The local government units otherwise 
        entitled to such cash, taxes, assessments or service charges 
        shall be credited with such amounts, and such credits shall be 
        offset against any amounts to be paid by them to the waste 
        control commission council as provided in section 473.517.  The 
        former metropolitan waste control commission, and on the 
        effective date of this section, the council shall succeed to and 
        become vested by action of law with all right, title and 
        interest in and to any property, real or personal, owned or 
        operated by such sanitary districts and joint boards; and.  
        Prior to that date the proper officers of such sanitary 
        districts and joint boards, or the former metropolitan waste 
        control commission, shall execute and deliver to the board 
        council all deeds, conveyances, bills of sale, and other 
        documents or instruments required to vest in the 
        commission council good and marketable title to all such real or 
        personal property; provided that vesting of the title shall 
        occur by operation of law and failure to execute and deliver the 
        documents shall not affect the vesting of title in the former 
        metropolitan waste control commission or the council on the 
        dates indicated in this subdivision.  The waste control 
        commission council shall become obligated to pay or assume all 
        bonded or other debt and contract obligations incurred by the 
        former metropolitan waste control commission, or by such 
        sanitary districts and joint boards, or incurred by local 
        government units for the acquisition or betterment of any 
        interceptors or treatment works owned or operated by such 
        sanitary districts or joint boards. 
           Sec. 153.  Minnesota Statutes 1992, section 473.511, 
        subdivision 4, is amended to read: 
           Subd. 4.  [CURRENT VALUE OF EXISTING FACILITIES.] When 
        the commission council assumes the ownership of any existing 
        interceptors or treatment works as provided in subdivision 2 or 
        3, the local government unit or units which paid part or all of 
        the cost of such facility, directly or pursuant to contracts for 
        reimbursement of costs, shall be entitled to receive a credit 
        against amounts to be allocated to them under section 473.517, 
        which may be spread over such period not exceeding 30 years as 
        the commission council shall determine, and an additional credit 
        equal to interest on the unused credit balance from time to time 
        at the rate of four percent per annum.  The amount of such 
        credit shall equal the current value of the facility computed by 
        the commission council in the manner provided in this 
        subdivision at the time the commission council acquires it.  The 
        original cost of a facility shall be computed as the total 
        actual costs of constructing it, including engineering, legal, 
        and administrative costs, less any part of it paid from federal 
        or state funds and less the principal amount of any then 
        outstanding bonds which were issued to finance its 
        construction.  The original cost shall be multiplied by a factor 
        equal to a current cost index divided by the same cost index at 
        the time of construction, to determine replacement cost.  The 
        cost indices used shall be the Engineering News Record 
        Construction Cost Indices for facilities or parts thereof 
        completed before 1930, and the United States Public Health 
        Service Federal Water Pollution Control Values for Sewer and 
        Treatment Plant Construction, as applied to facilities or parts 
        thereof completed in or after 1930.  The current value of the 
        facility shall be the replacement cost depreciated by 2.50 
        percent per annum from the date of construction of treatment 
        works and 1.25 percent per annum from the date of construction 
        of interceptors; and decreased further by a reasonable allowance 
        for obsolescence if the board council determines that the 
        facility or any part thereof will not be useful for board 
        council purposes for at least the remaining period required to 
        depreciate it fully, assuming no salvage value.  The current 
        value of each such facility shall be credited to each local 
        government unit in proportion to the amount of the construction 
        cost paid by that unit, as determined by the commission council, 
        taking into account reimbursements previously made under 
        contracts between any of the local government units.  
        The commission council shall prepare an itemized statement of 
        the amount of credit each local government unit is entitled to 
        receive under this subdivision, and the years and amounts of 
        installments of principal and interest thereon, and shall cause 
        it to be mailed or delivered to the governing body of each local 
        government unit concerned.  All credits allowed under this 
        subdivision shall be used to finance current costs allocated to 
        the local government unit by the commission council or for other 
        sewer costs, and the credits shall not be considered as proceeds 
        from the sale of municipal property so as to permit their use 
        for other purposes. 
           Sec. 154.  Minnesota Statutes 1992, section 473.512, 
        subdivision 1, is amended to read: 
           Subdivision 1.  A member of a trade who is employed by the 
        former metropolitan waste control commission, and on the 
        effective date of this section is employed by the council, on a 
        permanent basis with trade union pension plan coverage pursuant 
        to a collective bargaining agreement shall be excluded from 
        coverage by the Minnesota state retirement system if the member 
        was first employed on or after June 1, 1977 or, if the member 
        was first employed prior to June 1, 1977, has elected to be 
        excluded from coverage by the Minnesota state retirement system 
        pursuant to subdivision 2 and has accepted a refund of 
        contributions pursuant to subdivision 3. 
           Sec. 155.  Minnesota Statutes 1992, section 473.513, is 
        amended to read: 
           473.513 [MUNICIPAL PLANS AND PROGRAMS.] 
           As soon as practicable after the adoption of the first 
        policy plan by the council as provided in section 473.146, and 
        before undertaking the construction of any extensions or 
        additions to its disposal system or the substantial alteration 
        or improvement of its existing disposal system, each local 
        government unit shall adopt a similar policy plan for the 
        collection, treatment and disposal of sewage for which the local 
        government unit is responsible, coordinated with the council's 
        plan, and may revise the same as often as it deems necessary.  
        Each such plan shall be submitted forthwith to the waste control 
        commission council for review and shall be subject to the 
        approval of the commission council as to those features 
        affecting the commission's council's responsibilities as 
        determined by the commission council.  Any such features 
        disapproved by the commission council shall be modified in 
        accordance with the commission's council's recommendations.  No 
        construction of new sewers or other disposal facilities, and no 
        substantial alteration or improvement of any existing sewers or 
        other disposal facilities involving such features, shall be 
        undertaken by any local government unit unless its governing 
        body shall first find the same to be in accordance with its 
        comprehensive plan and program as approved by the commission 
        council.  At the time each local government unit makes 
        application to the Minnesota pollution control agency for a 
        permit to alter or improve its disposal system it shall file 
        with the commission council a copy of the application together 
        with design data and a location map of the project.  
           Sec. 156.  Minnesota Statutes 1992, section 473.515, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [IDENTIFICATION OF POWERS.] In addition to 
        all other powers conferred upon or delegated to the 
        commission council hereunder, it shall have the powers specified 
        in this section.  
           Sec. 157.  Minnesota Statutes 1992, section 473.515, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RIGHT TO DISCHARGE TREATED SEWAGE.] The 
        commission council shall have the right to discharge the 
        effluent from any treatment works operated by it into any waters 
        of the state in accordance with any effluent or water quality 
        standards lawfully adopted by the pollution control agency.  
           Sec. 158.  Minnesota Statutes 1992, section 473.515, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONNECTIONS WITH METROPOLITAN SYSTEM.] The 
        commission council may require any person or local government 
        unit in the metropolitan area to provide for the discharge of 
        its sewage, directly or indirectly, into the metropolitan 
        disposal system, or to connect any disposal system or part 
        thereof with the metropolitan disposal system wherever 
        reasonable opportunity therefor is provided; may regulate the 
        manner in which such connections are made; may require any 
        person or local government unit discharging sewage into the 
        metropolitan disposal system to provide preliminary treatment 
        therefor; may prohibit the discharge into the metropolitan 
        disposal system of any substance which it determines will or may 
        be harmful to the system or any persons operating it; and may 
        require any local government unit to discontinue the 
        acquisition, betterment, or operation of any facility for its 
        disposal system wherever and so far as adequate service is or 
        will be provided by the metropolitan disposal system.  
           Sec. 159.  Minnesota Statutes 1992, section 473.5155, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REMEDIES AVAILABLE.] (a) For purposes of 
        this section, "violation" means any discharge or action by a 
        person that violates sections 473.501 to 473.549 or rules, 
        standards, variances, limitations, orders, stipulations, 
        agreements, schedules of compliance, or permits that are issued 
        or adopted by the commission council under sections 473.501 to 
        473.549. 
           (b) Each violation may be enforced by any one or a 
        combination of the following:  criminal prosecution, civil 
        action, or other appropriate action in accordance with sections 
        473.501 to 473.549.  
           Sec. 160.  Minnesota Statutes 1992, section 473.5155, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CIVIL PENALTIES.] A violation is subject to a 
        penalty payable to the state, in an amount to be determined by 
        the court, of not more than $1,000 per day of violation.  The 
        civil penalty may be recovered by a civil action brought by the 
        commission council in the name of the state.  
           Sec. 161.  Minnesota Statutes 1993 Supplement, section 
        473.516, subdivision 1, is amended to read: 
           Subdivision 1.  [ACQUISITION AND OPERATION.] Without 
        limiting the grant or enumeration of any of the powers conferred 
        on the council or commission under sections 473.501 to 473.549, 
        the commission council shall have the specific power to acquire 
        by purchase, lease, condemnation, gift or grant any real or 
        personal property, positive and negative easements and water and 
        air rights, and it may construct, enlarge, improve, replace, 
        repair, maintain and operate waste facilities in the 
        metropolitan area deemed to be necessary or convenient in 
        connection with the processing or disposal of waste resulting 
        from sewage treatment, and the commission council may contract 
        for the maintenance and operation of such waste facilities, 
        subject to the bidding requirements of section 473.523.  
        The commission council may accept for processing waste derived 
        from outside the metropolitan area in the state, as well as 
        waste derived from within the metropolitan area, and may fix and 
        collect fees and charges for the acceptance of waste as 
        the commission council determines to be reasonable. 
           Sec. 162.  Minnesota Statutes 1992, section 473.516, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GENERAL REQUIREMENTS.] With respect to its 
        activities under this section, the commission council shall be 
        subject to and comply with the applicable provisions of this 
        chapter.  Property acquired by the commission council under this 
        section shall be subject to the provisions of section 473.545.  
        Any site or facility owned or operated for or by the commission 
        council shall conform to the policy plan adopted by the council 
        under section 473.149 and shall be authorized in accordance with 
        the commission's implementation plan approved by the council.  
        The commission council shall contract with private persons for 
        the construction, maintenance, and operation of waste 
        facilities, subject to the bidding requirements of section 
        473.523, where the facilities are adequate and available for use 
        and competitive with other means of providing the same service. 
           Sec. 163.  Minnesota Statutes 1992, section 473.516, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LOCAL RESTRICTIONS.] Counties and local units of 
        government may impose conditions respecting the construction, 
        operation, inspection, monitoring, and maintenance of a waste 
        facility of the commission council and conditions respecting the 
        sale, gift, delivery, storage, use, and disposal of sewage 
        sludge of the commission council on private property as a soil 
        conditioner or amendment, but only in the manner and only to the 
        extent authorized and approved by the council and the pollution 
        control agency as being consistent with the establishment and 
        use of the commission's council's waste facilities and the 
        disposal of the commission's council's sewage sludge on private 
        property in accordance with the council's plan, adopted under 
        section 473.153, and agency permits and rules.  Counties may 
        exercise the enforcement powers granted under section 473.811, 
        subdivision 5c, in the manner and to the extent authorized and 
        approved in accordance with this subdivision.  
           Sec. 164.  Minnesota Statutes 1992, section 473.516, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TECHNICAL MONITORING; SEWAGE SLUDGE DISPOSAL.] 
        Each sewage sludge disposal facility of the waste control 
        commission council, or site used for the disposal of sewage 
        sludge of the commission council, shall be required to have an 
        agency permit issued pursuant to agency rules for permitting 
        sewage sludge disposal facilities and sites.  Each permit shall 
        require a regular monitoring and testing program to be carried 
        out by the waste control commission council.  A regular 
        inspection program shall be conducted by the agency or a county 
        under contract to the agency.  The commission council shall 
        reimburse the agency quarterly for the cost of the program, and 
        the amounts reimbursed are hereby appropriated to the agency for 
        the purposes of the program.  The commission council shall 
        attempt to the greatest practical extent to provide a sludge 
        quality that permits desired nutrient loadings and minimizes 
        elements not essential for plant growth when sludge is disposed 
        of on private property as a soil conditioner or amendment.  
        The commission council shall provide recipients with information 
        on the facility generating the sludge and the content of the 
        sludge taken from its various treatment facilities.  
           Sec. 165.  Minnesota Statutes 1992, section 473.516, 
        subdivision 5, is amended to read: 
           Subd. 5.  [SLUDGE ASH CONTRACTS.] Notwithstanding section 
        473.523, the commission council may enter into a negotiated 
        contract with a private person to use the sludge ash generated 
        by the commission council in a manufacturing process.  The 
        contract may not exceed 30 years. 
           Sec. 166.  Minnesota Statutes 1992, section 473.517, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CURRENT COSTS DEFINED.] The estimated 
        costs of operation, maintenance, and debt service of the 
        metropolitan disposal system to be paid by the commission 
        council in each fiscal year, and the costs of acquisition and 
        betterment of the system which are to be paid during the year 
        from funds other than bond proceeds, including all expenses 
        incurred by the council pursuant to sections 473.501 to 473.545, 
        are referred to in this section as current costs, and shall be 
        allocated in the budget for that year to the respective local 
        government units in the metropolitan area as provided in 
        subdivisions 2 to 6.  The amount budgeted by the commission 
        council for any year for a reserve or contingency fund must be 
        treated as a current cost and allocated as a cost of operation 
        and maintenance in accordance with this section.  The reserve or 
        contingency fund so established may not exceed an amount equal 
        to 7.5 percent of the commission's council's waste control 
        operating budget in total. 
           Sec. 167.  Minnesota Statutes 1992, section 473.517, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ALLOCATION OF METROPOLITAN TREATMENT WORKS AND 
        INTERCEPTOR COSTS; ADJUSTED VOLUME.] Except as provided in 
        subdivision 3, the current costs of all treatment works and 
        interceptors in the metropolitan disposal system shall be 
        allocated among and paid by all local government units which 
        will discharge sewage, directly or indirectly, into the 
        metropolitan disposal system during the budget year, in 
        proportion to the total volume estimated to be so discharged by 
        each local government unit, adjusted as follows: 
           (a) increased or decreased, as the case may be, to the 
        extent the commission council determines, on the basis of such 
        historical and reasonably projected data as may be available, 
        that the sewage discharged by one unit will require more or less 
        treatment to produce a suitable effluent than that discharged by 
        others; 
           (b) decreased by any amount of surface water estimated by 
        the commission council to be discharged by a local government 
        unit from a combined storm and sanitary sewer system; 
           (c) increased by that volume of normal sanitary sewage 
        which is equivalent for treatment purposes to the volume of 
        surface water referred to in clause (b), as determined by the 
        commission council from available engineering data; and 
           (d) increased or decreased, as the case may be, by the 
        amount of any substantial and demonstrable error in a previous 
        estimate. 
           Sec. 168.  Minnesota Statutes 1992, section 473.517, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ALLOCATION OF METROPOLITAN TREATMENT WORKS AND 
        INTERCEPTOR COSTS; RESERVED CAPACITY.] In preparing each budget 
        the commission council shall estimate the current costs of 
        acquisition, betterment, and debt service, only, of the 
        treatment works in the metropolitan disposal system which will 
        not be used to total capacity during the budget year, and the 
        percentage of such capacity which will not be used, and shall 
        deduct the same percentage of such treatment works costs from 
        the current costs allocated under subdivision 2.  The commission 
        council shall also estimate the current costs of acquisition, 
        betterment, and debt service, only, of the interceptors in the 
        metropolitan disposal system that will not be used to total 
        capacity during the budget year, shall estimate the percentage 
        of the total capacity that will not be used, and shall deduct 
        the same percentage of interceptor costs from the current costs 
        allocated under subdivision 2.  The total amount so deducted 
        with respect to all treatment works and interceptors in the 
        system shall be allocated among and paid by the respective local 
        government units in the metropolitan area for which system 
        capacity unused each year is reserved for future use, in 
        proportion to the amounts of such capacity reserved for each of 
        them.  
           Sec. 169.  Minnesota Statutes 1992, section 473.517, 
        subdivision 6, is amended to read: 
           Subd. 6.  [DEFERMENT OF PAYMENTS.] The council may by 
        resolution provide for the deferment of payment of all or part 
        of the current costs of acquisition, betterment, and debt 
        service of estimated unused capacity which are allocated by the 
        commission council to a local government unit in any year 
        pursuant to subdivisions subdivision 3 and 4, repayable at such 
        time or times as the council shall specify in the resolution, 
        with interest at the approximate average annual rate borne by 
        council bonds outstanding at the time of the deferment, as 
        determined by the council.  Such costs may be deferred only when 
        the council determines that a substantial portion of the 
        territory of a local government unit has not been connected to 
        the metropolitan disposal system, and that the amount of such 
        costs or some portion thereof is disproportionate to the 
        available economic resources of the unit at the time.  Such 
        deferred costs shall be allocated to and paid by all local 
        government units in the metropolitan area which will discharge 
        sewage, directly or indirectly, into the metropolitan disposal 
        system in the budget year for which the deferment is granted, in 
        the same manner and proportions as current costs are allocated 
        under subdivision 5 2.  When such deferred costs are repaid they 
        shall be applied in reduction of the total amount of costs 
        thereafter allocated to each of the local government units to 
        which such deferred costs were allocated in the year of 
        deferment, in proportion to their allocations thereof that year. 
           Sec. 170.  Minnesota Statutes 1992, section 473.517, 
        subdivision 9, is amended to read: 
           Subd. 9.  [ADVISORY COMMITTEES.] The commission council may 
        establish and appoint persons to advisory committees to assist 
        the commission council in the performance of its wastewater 
        control duties.  If established, the advisory committees shall 
        meet with the waste control commission council to consult with 
        such members concerning the acquisition, betterment, operation 
        and maintenance of interceptors and treatment works in the 
        metropolitan disposal system, and the allocation of costs 
        therefor.  Members of the advisory committee serve without 
        compensation but must be reimbursed for their reasonable 
        expenses as determined by section 15.059 the council. 
           Sec. 171.  Minnesota Statutes 1992, section 473.519, is 
        amended to read: 
           473.519 [FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 
        1972; SYSTEM OF CHARGES.] 
           Each local government unit shall adopt a system of charges 
        for the use and availability of the metropolitan disposal system 
        which will assure that each recipient of waste treatment 
        services within or served by the unit will pay its proportionate 
        share of the current costs allocated to the unit by the 
        commission council under section 473.517, as required by the 
        federal Water Pollution Control Act amendments of 1972, and any 
        regulations issued pursuant thereto.  Each system of charges 
        shall be adopted as soon as possible and shall be submitted to 
        the commission council.  The commission council shall review 
        each system of charges to determine whether it complies with the 
        federal law and regulations.  If it determines that a system of 
        charges does not comply, the adopting unit shall be notified and 
        shall change its system to comply, and shall submit the changes 
        to the commission council for review.  All subsequent changes in 
        a system of charges proposed by a local government unit shall 
        also be submitted to the commission council for review.  Each 
        local government unit may appeal the determination of the 
        commission to the council for review and determination.  
           Sec. 172.  Minnesota Statutes 1992, section 473.521, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AMOUNTS DUE COMMISSION COUNCIL, WHEN 
        PAYABLE.] Charges payable to the commission council by local 
        government units may be made payable at such times during each 
        year as the commission council determines, but such dates shall 
        be fixed with reference to the dates on which tax, assessment, 
        and revenue collections become available to the government units 
        required to pay such charges.  
           Sec. 173.  Minnesota Statutes 1992, section 473.521, 
        subdivision 2, is amended to read: 
           Subd. 2.  [COMPONENT MUNICIPALITIES, OBLIGATIONS TO 
        COMMISSION COUNCIL.] Each government unit shall pay to 
        the commission council all sums charged to it as provided in 
        section 473.517, at the times and in the manner determined by 
        the commission council.  The governing body of each such 
        government unit shall take all action that may be necessary to 
        provide the funds required for such payments and to make the 
        same when due.  
           Sec. 174.  Minnesota Statutes 1992, section 473.521, 
        subdivision 3, is amended to read: 
           Subd. 3.  [POWERS OF GOVERNMENT UNITS.] To accomplish any 
        duty imposed on it by the council or commission, the governing 
        body of every government unit in the metropolitan area may 
        exercise the powers granted any municipality by chapters 117, 
        412, 429, 475, sections 115.46, 444.075 and 471.59.  
           Sec. 175.  Minnesota Statutes 1992, section 473.521, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DEFICIENCY TAX LEVIES.] If the governing body of 
        any local government unit fails to meet any payment to 
        the commission council hereunder when due, the metropolitan 
        council may certify to the auditor of the county in which the 
        government unit is located the amount required for payment of 
        such amount with interest at six percent per annum.  The auditor 
        shall levy and extend such amount as a tax upon all taxable 
        property in the government unit for the next calendar year, free 
        from any existing limitations imposed by law or charter.  Such 
        tax shall be collected in the same manner as the general taxes 
        of the government unit, and the proceeds thereof, when 
        collected, shall be paid by the county treasurer to the 
        treasurer of the commission council and credited to the 
        government unit for which the tax was levied.  
           Sec. 176.  Minnesota Statutes 1992, section 473.523, 
        subdivision 1, is amended to read: 
           Subdivision 1.  No contract All contracts for any 
        construction work, or for the purchase of materials, supplies, 
        or equipment, costing more than $15,000 relating to the 
        metropolitan disposal system shall be made as provided in 
        section 471.345, subdivisions 3 to 6.  Contracts subject to 
        section 471.345, subdivision 3, shall be made by the commission 
        without council by publishing once in a legal newspaper or trade 
        paper published in a city of the first class not less than two 
        weeks before the last day for submission of bids, notice that 
        bids or proposals will be received.  Such notice shall state the 
        nature of the work or purchase and the terms and conditions upon 
        which the contract is to be awarded, and a time and place where 
        such bids will be received, opened, and read publicly.  After 
        such bids have been duly received, opened, read publicly, and 
        recorded, the commission council shall award such contract to 
        the lowest responsible bidder or it may reject all bids and 
        readvertise.  Each contract shall be duly executed in writing 
        and the party to whom the contract is awarded shall give 
        sufficient bond or security to the board for the faithful 
        performance of the contract as required by law.  The commission 
        council shall have the right to set qualifications and 
        specifications and to require bids to meet all such 
        qualifications and specifications before being accepted.  If the 
        commission council by an affirmative vote of two-thirds of its 
        members declares that an emergency exists requiring the 
        immediate purchase of materials or supplies at a cost in excess 
        of $15,000 the amount specified in section 471.345, subdivision 
        3, or in making emergency repairs, it shall not be necessary to 
        advertise for bids. 
           Sec. 177.  Minnesota Statutes 1992, section 473.523, 
        subdivision 2, is amended to read: 
           Subd. 2.  The administrator manager of wastewater services 
        may, without prior approval of the commission council and 
        without advertising for bids, enter into any contract of the 
        type referred to in subdivision 1 which is not in excess 
        of $15,000 the amount specified in section 471.345, subdivision 
        3.  
           Sec. 178.  Minnesota Statutes 1992, section 473.535, is 
        amended to read: 
           473.535 [IMPLEMENTATION PLAN CAPITAL IMPROVEMENT PROGRAM; 
        BUDGET.] 
           The waste control commission council shall prepare, submit 
        to the council and adopt an implementation plan a capital 
        improvement program and a budget at the time and in the manner 
        provided in and otherwise comply with sections 473.161 and 
        473.163 for the acquisition or betterment of any interceptors or 
        treatment works determined by the council to be necessary or 
        desirable for the metropolitan disposal system.  When the 
        council issues debt under section 473.541, it must be for the 
        projects identified in the adopted capital improvement program 
        and budget.  
           Sec. 179.  Minnesota Statutes 1992, section 473.541, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EMERGENCY CERTIFICATES OF INDEBTEDNESS.] If in 
        any budget year the receipts of tax and other revenues should 
        from some unforeseen cause become insufficient to pay the 
        commission's council's current wastewater control expenses, or 
        if any calamity or other public emergency should subject it to 
        the necessity of making extraordinary wastewater control 
        expenditures, the council may make an emergency appropriation of 
        an amount sufficient to meet the deficiency and may authorize 
        the issuance, negotiation, and sale of certificates of 
        indebtedness in this amount in the same manner and upon the same 
        conditions as provided in subdivision 1, except that the council 
        shall forthwith levy on all taxable property in the metropolitan 
        area a tax sufficient to pay the certificates and interest 
        thereon, and shall appropriate all collections of such tax to a 
        special fund created for that purpose.  The certificates may 
        mature not later than April in the year following the year in 
        which the tax is collectible.  
           Sec. 180.  Minnesota Statutes 1992, section 473.542, is 
        amended to read: 
           473.542 [DEPOSITORIES.] 
           The commission council shall from time to time designate 
        one or more national or state banks, or trust companies 
        authorized to do a banking business, as official depositories 
        for moneys of the commission council, and thereupon shall 
        require the treasurer to deposit all or a part of such moneys in 
        such institutions.  Such designation shall be in writing and 
        shall set forth all the terms and conditions upon which the 
        deposits are made, and shall be signed by the chair and 
        treasurer, and made a part of the minutes of the board council.  
        Any bank or trust company so designated shall qualify as a 
        depository by furnishing a corporate surety bond or collateral 
        in the amounts required by section 118.01.  However, no bond or 
        collateral shall be required to secure any deposit insofar as it 
        is insured under federal law.  
           Sec. 181.  Minnesota Statutes 1992, section 473.543, 
        subdivision 1, is amended to read: 
           Subdivision 1.  All moneys from wastewater control 
        operations received by the commission council shall be deposited 
        or invested by the treasurer and disposed of as the 
        commission council may direct in accordance with its waste 
        control budget; provided that any moneys that have been pledged 
        or dedicated by the metropolitan council to the payment of 
        obligations or interest thereon or expenses incident thereto, or 
        for any other specific purpose authorized by law, shall be paid 
        by the treasurer into the fund to which they have been pledged.  
           Sec. 182.  Minnesota Statutes 1992, section 473.543, 
        subdivision 2, is amended to read: 
           Subd. 2.  The commission's council's treasurer shall 
        establish such funds and accounts as may be necessary or 
        convenient to handle the receipts and disbursements of 
        the commission council in an orderly fashion.  
           Sec. 183.  Minnesota Statutes 1992, section 473.543, 
        subdivision 3, is amended to read: 
           Subd. 3.  The moneys on hand in said funds and accounts may 
        be deposited in the official depositories of the commission 
        council or invested as hereinafter provided.  The amount thereof 
        not currently needed or required by law to be kept in cash on 
        deposit may be invested in obligations authorized for the 
        investment of municipal sinking funds by section 475.66.  Such 
        moneys may also be held under certificates of deposit issued by 
        any official depository of the commission council.  
           Sec. 184.  Minnesota Statutes 1992, section 473.543, 
        subdivision 4, is amended to read: 
           Subd. 4.  The use of proceeds of all bonds issued by the 
        council for the acquisition and betterment of interceptors or 
        treatment works, and the use, other than investment, of all 
        moneys on hand in any sinking fund or funds of the council, 
        shall be governed by the provisions of chapter 475, and the 
        provisions of resolutions authorizing the issuance of such 
        bonds.  Such bond proceeds when received shall be transferred to 
        the treasurer of the commission for safekeeping, investment and 
        payment of capital costs.  
           Sec. 185.  Minnesota Statutes 1992, section 473.545, is 
        amended to read: 
           473.545 [PROPERTY EXEMPT FROM TAXATION.] 
           Any properties, real or personal, owned, leased, 
        controlled, used, or occupied by the waste control commission 
        council for any purpose referred to in section 473.502 are 
        declared to be acquired, owned, leased, controlled, used and 
        occupied for public, governmental, and municipal purposes, and 
        shall be exempt from taxation by the state or any political 
        subdivision of the state, provided that such properties shall be 
        subject to special assessments levied by a political subdivision 
        for a local improvement in amounts proportionate to and not 
        exceeding the special benefit received by the properties from 
        such improvement.  No possible use of any such properties in any 
        manner different from their use as part of the metropolitan 
        disposal system at the time shall be considered in determining 
        the special benefit received by such properties.  All such 
        assessments shall be subject to final confirmation by the 
        metropolitan council, whose determination of the benefits shall 
        be conclusive upon the political subdivision levying the 
        assessment.  
           Sec. 186.  Minnesota Statutes 1992, section 473.547, is 
        amended to read: 
           473.547 [TAX LEVIES.] 
           The council shall have power to levy taxes for debt service 
        of the metropolitan disposal system upon all taxable property 
        within the metropolitan area, without limitation of rate or 
        amount and without affecting the amount or rate of taxes which 
        may be levied by the council for other purposes or by any local 
        government unit in the area.  The council shall also have power 
        to levy taxes as provided in section 473.521.  Each of the 
        county auditors shall annually assess and extend upon the tax 
        rolls in the auditor's county the portion of the taxes levied by 
        the council in each year which is certified to the auditor by 
        the council.  Each county treasurer shall collect and make 
        settlement of such taxes with the treasurer of the commission 
        council in the same manner as with other political subdivisions. 
           Sec. 187.  Minnesota Statutes 1992, section 473.549, is 
        amended to read: 
           473.549 [RELATION TO EXISTING LAWS.] 
           The provisions of sections 473.501 to 473.549 shall be 
        given full effect notwithstanding the provisions of any law not 
        consistent therewith.  The powers conferred on the council and 
        the commission under sections 473.501 to 473.545 shall in no way 
        diminish or supersede the powers conferred on the pollution 
        control agency by sections 103F.701 to 103F.761 and chapters 115 
        and 116. 
           Sec. 188.  Minnesota Statutes 1992, section 473.553, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL.] The metropolitan sports 
        facilities commission is established and shall be organized, 
        structured, and administered as provided in this section and 
        section 473.141, subdivisions 6 to 11, 13, and 14. 
           Sec. 189.  Minnesota Statutes 1992, section 473.553, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MEMBERSHIP.] The commission shall consist of six 
        members, appointed by the governor during the period before 
        substantial completion of construction of sports facilities 
        pursuant to sections 473.551 to 473.595 and thereafter as 
        hereinafter provided, plus a chair appointed as provided in 
        subdivision 3.  Initial appointments of members shall be made 
        within 30 days of May 17, 1977.  One member shall be appointed 
        from each of the following combinations of metropolitan 
        commission precincts defined in section 473.141, subdivision 2:  
        A and B; C and G; D and E; F and H.  Two members shall be 
        appointed from outside the metropolitan area.  Upon substantial 
        completion of construction of the sports facility, vacancies 
        occurring on the commission, whether at the completion of or 
        prior to the completion of a member's term, shall be filled by 
        the city council of the city in which the stadium is 
        located plus a chair appointed as provided in subdivision 3.  
           Sec. 190.  Minnesota Statutes 1992, 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 
        appointed.  A member appointed at any time shall not during a 
        term of office hold the office of metropolitan council member or 
        be a member of another metropolitan agency that is subject to 
        section 473.141 or hold any judicial office or office of state 
        government.  None of the members appointed by the city council 
        of the city in which the stadium is located shall be an elected 
        public official of that city or of another political subdivision 
        any part of whose territory is shared with that city.  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 chair of the 
        metropolitan council.  
           Sec. 191.  Minnesota Statutes 1992, section 473.553, 
        subdivision 5, is amended to read: 
           Subd. 5.  [TERMS.] The terms of the three members 
        representing precincts A and B and C and G and the term of one 
        of the members from outside the metropolitan area shall end the 
        first Monday in January, 1981 in the year ending in the numeral 
        "5".  The terms of the other members and the chair shall end the 
        first Monday in January, 1983 in the year ending in the numeral 
        "7".  After the initial term provided for in this subdivision, 
        The term of each member and the chair shall be four years.  The 
        terms shall continue until a successor is appointed and 
        qualified.  Members and the chair may be removed in the manner 
        specified in chapter 351 only for cause. 
           Sec. 192.  Minnesota Statutes 1992, section 473.553, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [VACANCIES.] A vacancy shall be filled by the 
        appointing authority in the same manner in which the original 
        appointment was made. 
           Sec. 193.  Minnesota Statutes 1992, section 473.553, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [COMPENSATION.] Each commission member shall be 
        paid $50 for each day when the member attends one or more 
        meetings or provides other services, as authorized by the 
        commission, and shall be reimbursed for all actual and necessary 
        expenses incurred in the performance of duties.  The chair of 
        the metropolitan sports facilities commission shall receive, 
        unless otherwise provided by other law, a salary in an amount 
        fixed by the members of the commission and shall be reimbursed 
        for reasonable expenses to the same extent as a member.  The 
        annual budget of each commission shall provide as a separate 
        account anticipated expenditures for per diem, travel, and 
        associated expenses for the chair and members, and compensation 
        or reimbursement shall be made to the chair and members only 
        when budgeted. 
           Sec. 194.  Minnesota Statutes 1992, section 473.553, is 
        amended by adding a subdivision to read: 
           Subd. 8.  [REGULAR AND SPECIAL MEETINGS.] The commission 
        shall meet regularly at least once each month, at such time and 
        place as the commission shall by resolution designate.  Special 
        meetings may be held at any time upon the call of the chair or a 
        majority of the members, upon written notice to each member at 
        least three days prior to the meeting, or upon such other notice 
        as the commission may by resolution provide.  Unless otherwise 
        provided, any action within the authority of the commission may 
        be taken by the affirmative vote of a majority of the members.  
        A majority of all of the members of the commission shall 
        constitute a quorum, but a lesser number may meet and adjourn 
        from time to time and compel the attendance of absent members. 
           Sec. 195.  Minnesota Statutes 1992, section 473.553, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [PERSONNEL CODE; MERIT SYSTEM.] (a) The council 
        shall by resolution adopt guidelines for a personnel code 
        relating to the employees of the commission, except that nothing 
        in Laws 1974, chapter 422, shall impair the rights of the 
        commission or employee under sections 473.405 and 473.415.  
        After adoption of the guidelines, the commission shall by 
        resolution adopt a personnel code in general conformance 
        therewith.  The code shall include a job classification plan, 
        procedures for employment and promotion of personnel based on 
        merit, procedures for the demotion, suspension, or discharge of 
        employees, procedures for hearing grievances, procedures for 
        salary administration, and such other provisions as the council 
        deems appropriate.  In addition, the code shall provide for the 
        development by the commission of affirmative action plans, as 
        provided in section 473.143.  The executive director of the 
        commission shall administer the code, and the commission shall 
        not take any action inconsistent with the personnel code. 
           (b) When a commission employee has been demoted, suspended, 
        or dismissed by the executive director, the employee may, within 
        30 days after such action becomes effective, file with the 
        commission a written request for a hearing showing the position 
        from which the employee was dismissed, the date of dismissal, 
        and the reason for requesting the hearing, full name and present 
        mailing address.  Upon receipt of a request for a hearing the 
        commission shall appoint three of its members to act as an 
        appeal committee and preside at a hearing on the action of the 
        executive director.  The hearing shall be held within 30 days 
        after the request is received by the commission, upon written 
        notice mailed or delivered to the employee at the employee's 
        present mailing address, not less than seven days before the 
        hearing.  The appeal committee shall approve or disapprove the 
        action of the executive director, and in the case of approval 
        the action of the executive director shall be final.  In the 
        case of disapproval the appeal committee may reinstate the 
        employee under such conditions as it deems proper, and may order 
        the payment to the employee of compensation lost as a result of 
        the demotion, suspension or dismissal. 
           Sec. 196.  Minnesota Statutes 1992, section 473.553, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [SECRETARY AND TREASURER.] At its first regular 
        meeting each year the commission shall appoint a secretary and a 
        treasurer or, in the alternative, a secretary-treasurer.  The 
        secretary and treasurer, or secretary-treasurer, may, but need 
        not be, members of the commission, and shall hold office at the 
        pleasure of the commission, subject to the terms of any contract 
        of employment which the commission may enter into with the 
        secretary or treasurer.  The secretary shall record the minutes 
        of all meetings of the commission and shall be the custodian of 
        all books and records of the commission except such as the 
        commission shall entrust to the custody of a designated 
        employee.  The treasurer shall be the custodian of all moneys 
        received by the commission except such as the commission shall 
        entrust to the custody of a designated employee.  The commission 
        may appoint a deputy to perform any and all functions of either 
        the secretary or the treasurer. 
           Sec. 197.  Minnesota Statutes 1992, section 473.553, is 
        amended by adding a subdivision to read: 
           Subd. 11.  [EXECUTIVE DIRECTOR.] The chair of the 
        commission shall, subject to the approval of the commission, 
        appoint an executive director who shall be chosen solely on the 
        basis of training, experience, and other qualifications, and who 
        shall serve at the pleasure of the commission.  The executive 
        director shall attend meetings of the commission, but shall not 
        vote, and shall have the following powers and duties: 
           (a)  See that all resolutions, rules, or orders of the 
        commission are enforced. 
           (b)  Appoint and remove, subject to the provisions of the 
        personnel code adopted pursuant to subdivision 9, upon the basis 
        of merit and fitness, all subordinate officers and regular 
        employees of the commission. 
           (c)  Present to the commission plans, studies, and reports 
        prepared for commission purposes and recommend to the commission 
        for adoption such measures as the executive director deems 
        necessary to enforce or carry out the powers and duties of the 
        commission, or to the efficient administration of the affairs of 
        the commission. 
           (d)  Keep the commission fully advised as to its financial 
        condition, and prepare and submit to the commission its annual 
        budget and such other financial information as it may request. 
           (e)  Recommend to the commission for adoption such rules as 
        the executive director deems necessary for the efficient 
        operation of the commission's functions. 
           (f)  Perform such other duties as may be prescribed by the 
        commission. 
           Sec. 198.  Minnesota Statutes 1992, section 473.553, is 
        amended by adding a subdivision to read: 
           Subd. 12.  [COMMISSION OPERATING PROCEDURES.] (a) The 
        commission shall adopt resolutions and bylaws, an administrative 
        code establishing procedures for commission action, keeping 
        records, approving claims, authorizing and making disbursements, 
        authorizing contracts, safekeeping funds and audit of all 
        financial operations of the commission. 
           (b) The commission and the council may enter into contracts 
        with each other and with other commissions and governmental 
        units for the joint exercise of powers in the manner provided by 
        section 471.59; provided that the commission shall not enter 
        into any contract with the council which would assign any 
        operations authority, responsibility or function, other than 
        planning or making studies, from the commission to the council. 
           Sec. 199.  Minnesota Statutes 1992, section 473.553, is 
        amended by adding a subdivision to read: 
           Subd. 13.  [RELOCATION PAYMENT STANDARDS.] In all 
        acquisitions the commission shall provide as a cost of 
        acquisition the relocation assistance, services, payments and 
        benefits required by the Uniform Relocation Assistance and Real 
        Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1971), 
        United States Code, title 42, section 4601, et seq. 
           Sec. 200.  Minnesota Statutes 1992, section 473.561, is 
        amended to read: 
           473.561 [EXEMPTION FROM COUNCIL REVIEW.] 
           The acquisition and betterment of sports facilities by the 
        commission shall be conducted pursuant to sections 473.551 to 
        473.595 and shall not be affected by the provisions of sections 
        473.161, 473.165, and 473.173. 
           Sec. 201.  Minnesota Statutes 1992, section 473.595, 
        subdivision 3, is amended to read: 
           Subd. 3.  [BUDGET PREPARATION; REVIEW AND APPROVAL.] The 
        commission shall comply with the provisions of section 473.163, 
        provided that the entire budget, including operating revenues 
        and expenditures for operation, administration, and maintenance, 
        shall be subject to approval by the council, in accordance with 
        the procedures described in section 473.163. 
           The commission shall prepare a proposed budget by August 1 
        of each year.  The budget shall include operating revenues and 
        expenditures for operation, administration, and maintenance.  In 
        addition, the budget must show for each 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; 
           (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. 
           As early as practicable before August 15 of each year, the 
        commission shall hold a public hearing on a draft of the 
        proposed budget.  Along with the draft, the commission 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 commission's budget.  Not less 
        than 14 days before the hearing, the commission shall publish 
        notice 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 commission shall publish a report of 
        the hearing that summarizes the comments received and the 
        agency's response.  The council shall approve or disapprove the 
        entire budget by October 1 of each year.  Before December 15 of 
        each year, the commission shall by resolution adopt a final 
        budget.  The commission 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. 
           Except in an emergency, for which procedures must be 
        established by the agency, the commission and its officers, 
        agents, and employees may not spend money for any purpose, other 
        than debt service, without an appropriation by the commission, 
        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.  After obtaining approval of the 
        council, if required under subdivision 2, the agency may amend 
        the 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. 
           Sec. 202.  Minnesota Statutes 1993 Supplement, section 
        473.604, subdivision 1, is amended to read: 
           Subdivision 1.  [COMPOSITION.] The commission consists of: 
           (1) the mayor of each of the cities, or a qualified voter 
        appointed by the mayor, for the term of office as mayor; 
           (2) eight members, one appointed from each of the agency 
        districts provided for in section 473.141, subdivision 2, for 
        terms as provided in section 473.141, subdivision 4a appointed 
        by the governor from each of the following agency districts: 
           (i) district A, consisting of council districts 1 and 2; 
           (ii) district B, consisting of council districts 3 and 4; 
           (iii) district C, consisting of council districts 5 and 6; 
           (iv) district D, consisting of council districts 7 and 8; 
           (v) district E, consisting of council districts 9 and 10; 
           (vi) district F, consisting of council districts 11 and 12; 
           (vii) district G, consisting of council districts 13 and 
        14; and 
           (viii) district H, consisting of council districts 15 and 
        16. 
        Each member shall be a resident of the district represented.  
        The members shall be appointed by the governor.  Before making 
        an appointment, the governor shall consult with each member of 
        the legislature from the district for which the member is to be 
        appointed, to solicit the legislator's recommendation on the 
        appointment; 
           (3) four members appointed by the governor from outside of 
        the metropolitan area to reflect fairly the various regions and 
        interests throughout the state that are affected by the 
        operation of the commission's major airport and airport system.  
        Two of these members must be residents of statutory or home rule 
        charter cities, towns, or counties containing an airport 
        designated by the commissioner of transportation as a key 
        airport.  The other two must be residents of statutory or home 
        rule charter cities, towns, or counties containing an airport 
        designated by the commissioner of transportation as an 
        intermediate airport.  The members must be appointed by the 
        governor as follows:  one for a term of one year, one for a term 
        of two years, one for a term of three years, and one for a term 
        of four years.  All of the terms start on July 1, 1989.  The 
        successors of each member must be appointed to four-year terms 
        commencing on the first Monday in January of each fourth year 
        after the expiration of the original term.  Before making an 
        appointment, the governor shall consult each member of the 
        legislature representing the municipality or county from which 
        the member is to be appointed, to solicit the legislator's 
        recommendation on the appointment; and 
           (4) a chair appointed by the governor for a term of four 
        years.  The chair may be removed at the pleasure of the governor.
           Sec. 203.  Minnesota Statutes 1992, section 473.605, 
        subdivision 2, is amended to read: 
           Subd. 2.  Each commission member shall receive $50 per diem 
        compensation and be reimbursed for actual and necessary expenses 
        as provided by section 473.141, subdivision 7.  The chair shall 
        receive a salary as prescribed in section 15A.081, subdivision 
        7, and shall be reimbursed for reasonable expenses to the same 
        extent as a member.  The mayors and members of the city councils 
        of Minneapolis and St. Paul shall not be eligible for per diem 
        compensation.  The annual budget of the commission shall provide 
        as a separate account anticipated expenditures for per diem, 
        travel, and associated expenses for the chair and members, and 
        compensation or reimbursement shall be made to the chair and 
        members only when budgeted. 
           Sec. 204.  Minnesota Statutes 1992, section 473.823, 
        subdivision 3, is amended to read: 
           Subd. 3.  [SOLID WASTE FACILITIES; REVIEW PROCEDURES.] (a) 
        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 effectiveness of 
        proposed buffer areas to ensure, at a minimum, protection of 
        surrounding land uses from adverse or incompatible impacts due 
        to landfill operation and related activities, 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.  
           (b) A permit may not 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 areawide need and 
        benefit of the applicant facility and the effectiveness of 
        proposed buffer areas to adequately protect surrounding land 
        uses in accordance with its policy plan, and may consider, 
        without limitation, the effect of the applicant facility on 
        existing and planned solid waste facilities described in a waste 
        control commission implementation plan or county report or 
        master plan.  
           (c) 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.  
           (d) 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.  
           (e) A permit may not be issued in the metropolitan area for 
        a solid waste facility used primarily for resource recovery or a 
        transfer station serving the 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. 205.  Minnesota Statutes 1992, section 473.852, 
        subdivision 8, is amended to read: 
           Subd. 8.  [METROPOLITAN SYSTEM PLANS.] "Metropolitan system 
        plans" means the airports and transportation portions of the 
        metropolitan development guide, and the policy 
        plans, implementation plans, and capital budgets for 
        metropolitan waste control wastewater service, transportation, 
        and regional recreation open space. 
           Sec. 206.  Minnesota Statutes 1992, section 473.852, 
        subdivision 10, is amended to read: 
           Subd. 10.  [PRIVATE SEWER FACILITY.] "Private sewer 
        facility" means a single lot, multiple lot or other sewage 
        collection or treatment facility owned, constructed or operated 
        by any person other than a local governmental unit or 
        the metropolitan waste control commission council. 
           Sec. 207.  [TRANSITION; PENSION.] 
           A person who was an employee of the metropolitan transit 
        commission on July 1, 1984, and became an employee of the 
        regional transit board and who subsequently becomes an employee 
        of the metropolitan council on the effective date of this 
        section has the option of continued coverage under Minnesota 
        Statutes, chapter 353. 
           Sec. 208.  [REGIONAL PARKS APPROPRIATION; CONSULTATION.] 
           The metropolitan council must consult with the city of Eden 
        Prairie and must consider using part of an appropriation, if 
        made, to the council for regional parks, for the acquisition of 
        226 acres in Eden Prairie that contain oak savannah, native 
        prairie, and maple basswood forest, for use as a regional nature 
        preserve. 
           Sec. 209.  [REPEALER.] 
           (a) Minnesota Statutes 1992, sections 115A.03, subdivision 
        20; 115A.33; 174.22, subdivision 4; 473.121, subdivisions 15 and 
        21; 473.122; 473.146, subdivisions 2, 2a, 2b, and 2c; 473.153; 
        473.161; 473.163; 473.181, subdivision 3; 473.325, subdivision 
        5; 473.384, subdivision 9; 473.388, subdivision 6; 473.404, as 
        amended by Laws 1993, chapter 119, section 1; 473.405, 
        subdivisions 2, 6, 7, 8, 11, 13, and 14; 473.417; 473.435; 
        473.436, subdivision 7; 473.445, subdivisions 1 and 3; 473.501, 
        subdivision 2; 473.503; 473.504, subdivisions 1, 2, 3, 7, and 8; 
        473.511, subdivision 5; 473.517, subdivision 8; 473.543, 
        subdivision 5; and 473.553, subdivision 4a, are repealed. 
           (b) Minnesota Statutes 1992, sections 473.121, subdivision 
        14a; 473.141, as amended by Laws 1993, chapter 314, sections 3 
        and 4; 473.373, as amended by Laws 1993, chapter 314, section 5; 
        473.375, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, 16, 17, and 
        18; 473.377; 473.38; Minnesota Statutes 1993 Supplement, section 
        473.3996, are repealed. 
           Sec. 210.  [APPLICATION.] 
           This article applies in the counties of Anoka, Carver, 
        Dakota, Hennepin, Ramsey, Scott, and Washington. 
           Sec. 211. [INSTRUCTION TO REVISOR.] 
           In the next publication of Minnesota Statutes after October 
        1, 1994, the revisor of statutes shall delete "board" and insert 
        "council" wherever it appears in Minnesota Statutes, section 
        473.386, subdivision 2. 
           Sec. 212.  [EFFECTIVE DATE.] 
           Sections 1, 4, 10, 11, 15, 16, 18 to 25, 32, 43, 48, 49, 
        52, 62 to 66, and 68 to 73, 75 to 77, 79 to 86, 88, 90, 97, 98, 
        100, 136, 138, 140, and 207 are effective October 1, 1994.  
        Section 41 is effective January 1, 1995.  Sections 60, 61, 67, 
        and 78 are effective the day after final enactment.  Section 
        209, paragraph (a) is effective July 1, 1994, except that the 
        repeal of those provisions relating to the powers and duties of 
        the regional transit board is not effective as applied to the 
        regional transit board until October 1, 1994.  Section 209, 
        paragraph (b) is effective October 1, 1994.  The remainder of 
        this article is effective July 1, 1994, except that those 
        provisions providing for changes in the powers and duties of the 
        regional transit board are not effective as applied to the 
        regional transit board until October 1, 1994. 
                                   ARTICLE 4
                                    CITATION
           Section 1.  [CITATION.] 
           This act is the Metropolitan Reorganization Act of 1994. 
           Presented to the governor May 6, 1994 
           Signed by the governor May 10, 1994, 3:57 p.m.

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