Office of the Revisor of Statutes
Minnesota Session Laws - 2003, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 16-H.F.No. 66
An act relating to public-policy-oriented entities;
providing that public meetings are not required to
fill metropolitan council vacancies within 12 months
of initial appointment; authorizing the use of energy
forward pricing mechanisms; requiring an analysis of
the costs of regional improvements included in the
long-range policy plans for metropolitan agencies;
making changes in the metropolitan council's authority
and procedures for requiring a change in a local
comprehensive plan; eliminating per diems for the
metropolitan parks and open space commission;
providing for the direct charging by the metropolitan
council of industrial dischargers for certain
wastewater treatment user fees; adopting the
metropolitan council redistricting plan; repealing
authority for service improvement plan; eliminating
certain reporting requirements; removing an obsolete
requirement for metropolitan school districts to
submit capital improvement plans to the metropolitan
council for review; making conforming changes;
changing the boundaries of certain districts; amending
Minnesota Statutes 2002, sections 473.123, subdivision
3; 473.13, subdivision 1; 473.146, subdivision 1;
473.147, subdivision 1; 473.175, subdivision 1;
473.303, subdivision 6; 473.517, by adding a
subdivision; proposing coding for new law in Minnesota
Statutes, chapter 473; repealing Minnesota Statutes
2002, sections 473.123, subdivision 3c; 473.1295;
473.1623; 473.704, subdivision 19; 473.863.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 473.123,
subdivision 3, is amended to read:
Subd. 3. [MEMBERSHIP; APPOINTMENT; QUALIFICATIONS.] (a)
Sixteen members must be appointed by the governor from districts
defined by this section. Each council member must reside in the
council district represented. Each council district must be
represented by one member of the council.
(b) In addition to the notice required by section 15.0597,
subdivision 4, notice of vacancies and expiration of terms must
be published in newspapers of general circulation in the
metropolitan area and the appropriate districts. The governing
bodies of the statutory and home rule charter cities, counties,
and towns having territory in the district for which a member is
to be appointed must be notified in writing. The notices must
describe the appointments process and invite participation and
recommendations on the appointment.
(c) The governor shall create a nominating committee,
composed of seven metropolitan citizens appointed by the
governor, to nominate persons for appointment to the council
from districts. Three of the committee members must be local
elected officials. Following the submission of applications as
provided under section 15.0597, subdivision 5, the nominating
committee shall conduct public meetings, after appropriate
notice, to accept statements from or on behalf of persons who
have applied or been nominated for appointment and to allow
consultation with and secure the advice of the public and local
elected officials. The committee shall hold the meeting on each
appointment in the district or in a reasonably convenient and
accessible location in the part of the metropolitan area in
which the district is located. The committee may consolidate
meetings. Following the meetings, the committee shall submit to
the governor a list of nominees for each appointment. The
governor is not required to appoint from the list.
(d) Before making an appointment, the governor shall
consult with all members of the legislature from the council
district for which the member is to be appointed.
(e) Appointments to the council are subject to the advice
and consent of the senate as provided in section 15.066.
(f) Members of the council must be appointed to reflect
fairly the various demographic, political, and other interests
in the metropolitan area and the districts.
(g) Members of the council must be persons knowledgeable
about urban and metropolitan affairs.
(h) Any vacancy in the office of a council member shall
immediately be filled for the unexpired term. In filling a
vacancy, the governor may forgo the requirements of paragraph
(c) if the governor has made appointments in full compliance
with the requirements of this subdivision within the preceding
12 months.
Sec. 2. [473.1293] [ENERGY FORWARD PRICING MECHANISMS.]
Subdivision 1. [DEFINITIONS.] The following definitions
apply in this section.
(a) "Energy" means natural gas, heating oil, diesel fuel,
or any other energy source, except electric, used in
metropolitan council operations.
(b) "Forward pricing mechanism" means either:
(1) a contract or financial instrument that obligates an
entity to buy or sell a specified amount of an energy commodity
at a future date and at a set price; or
(2) an option to buy or sell the contract or financial
instrument.
Subd. 2. [AUTHORITY PROVIDED.] Notwithstanding any other
law to the contrary, the council may use forward pricing
mechanisms for budget risk reduction.
Subd. 3. [CONDITIONS.] (a) Forward pricing transactions
made under this section must be made only under the conditions
in paragraphs (b), (c), and (d).
(b) The amount of energy forward priced must not exceed the
estimated energy usage for council operations for the period of
time covered by the forward pricing mechanism.
(c) The holding period and expiration date for any forward
pricing mechanism must not exceed 24 months from the trade date
of the transaction.
(d) Separate accounts must be established for each
operational energy for which forward pricing mechanisms are used
under this section.
Subd. 4. [WRITTEN POLICIES AND PROCEDURES.] Before
exercising authority under subdivision 2, the council must have
written policies and procedures governing the use of forward
pricing mechanisms.
Subd. 5. [OVERSIGHT PROCESS.] (a) Before exercising
authority under subdivision 2, the governing body of the council
must establish an oversight process that provides for review of
the council's use of forward pricing mechanisms.
(b) The process must include:
(1) internal or external audit reviews;
(2) quarterly reports to, and review by, an internal
investment committee; and
(3) internal management control.
Sec. 3. Minnesota Statutes 2002, 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 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 the statute authorizing the levy.
(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. 4. Minnesota Statutes 2002, section 473.146,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] The council shall adopt a
long-range comprehensive policy plan for 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;
(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; the estimated cost of improvements required to achieve
the council's goals for the regional systems, including an
analysis of what portion of the funding for each improvement is
proposed to come from the state, metropolitan council levies,
and cities, counties, and towns in the metropolitan area,
respectively, 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 relationship of the policy plan to
other policy plans and chapters of the metropolitan development
guide;
(7) a statement of the relationships to local comprehensive
plans prepared under sections 473.851 to 473.871; and
(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. 5. Minnesota Statutes 2002, section 473.147,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] The metropolitan council
after consultation with the parks and open space commission,
municipalities, park districts and counties in the metropolitan
area, and after appropriate public hearings, shall prepare and
adopt a long-range system policy plan for regional recreation
open space as part of the council's metropolitan development
guide. The plan shall substantially conform to all policy
statements, purposes, goals, standards, and maps in development
guide sections and comprehensive plans as developed and adopted
by the council pursuant to the chapters of the Minnesota
Statutes directly relating to the council. The policy plan
shall identify generally the areas which should be acquired by a
public agency to provide a system of regional recreation open
space comprising park district, county and municipal facilities
which, together with state facilities, reasonably will meet the
outdoor recreation needs of the people of the metropolitan area
and shall establish priorities for acquisition and development.
The policy plan shall estimate the cost of the recommended
acquisitions and development, including an analysis of what
portion of the funding is proposed to come from the state,
metropolitan council levies, and cities, counties, and towns in
the metropolitan area, respectively. In preparing or amending
the policy plan the council shall consult with and make maximum
use of the expertise of the commission. The policy plan shall
include a five year capital improvement program, which shall be
revised periodically, and shall establish criteria and
priorities for the allocation of funds for such acquisition and
development. The legislature in each bonding measure shall
designate an anticipated level of funding for this acquisition
and development for each of the two succeeding bienniums.
Sec. 6. Minnesota Statutes 2002, section 473.175,
subdivision 1, is amended to read:
Subdivision 1. [FOR COMPATIBILITY, CONFORMITY.] The
council shall review the comprehensive plans of local
governmental units and the capital improvement programs of
school districts, prepared and submitted pursuant to Laws 1976,
chapter 127, sections 1 to 23, to determine their compatibility
with each other and conformity with metropolitan system plans.
The council shall review and comment on the apparent consistency
of the comprehensive plans and capital improvement programs with
adopted plans of the council. The council may require a local
governmental unit to modify any comprehensive plan or part
thereof which may if, upon the adoption of findings and a
resolution, the council concludes that the plan is more likely
than not to have a substantial impact on or contain a
substantial departure from metropolitan system plans. A local
unit of government may challenge a council action under this
subdivision by following the procedures set forth in section
473.866.
Sec. 7. Minnesota Statutes 2002, section 473.303,
subdivision 6, is amended to read:
Subd. 6. [COMPENSATION.] Members and the chair shall be
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 serve without compensation but shall be
reimbursed for all actual and necessary expenses incurred in the
performance of duties as determined by the metropolitan council.
Sec. 8. Minnesota Statutes 2002, section 473.517, is
amended by adding a subdivision to read:
Subd. 10. [DIRECT CHARGING OF INDUSTRIAL USERS.] (a) The
term "industrial discharger" for the purposes of this
subdivision means a recipient of wastewater treatment services
that is required by council rules or procedures to have a permit
issued by the council in order to discharge sewage to the
metropolitan disposal system.
(b) The council may directly impose on all or any category
of industrial dischargers all or any portion of the costs that
would otherwise be allocated among and paid by local government
units under subdivision 1. Any amounts imposed directly on
industrial dischargers by the council under this subdivision
must be deducted from the amounts to be allocated among and paid
by local government units under subdivision 1, and any charges
imposed by a local government unit for the same purpose are of
no further force and effect from and after the effective date of
the council's direct charges. Charges imposed under this
subdivision are in addition to any other charges imposed on
industrial dischargers by a local government unit and must be
paid by the industrial discharger at such intervals as may be
established by the council. The council may impose interest
charges upon delinquent payments.
(c) Charges by the council to industrial dischargers under
this subdivision including any interest charges, as well as any
other charges or related fees owed by the industrial discharger
pursuant to a discharge permit issued by the council for the
subject property, are a charge jointly and severally against the
owners, lessees, and occupants of the property served. The
council may certify such unpaid amounts to the appropriate
county auditor as a tax for collection as other taxes are
collected on the property served. The proceeds of any tax
collected pursuant to the council's certification must be paid
by the county treasurer to the council when collected.
Certification does not preclude the council from recovery of
delinquent amounts and interest under any other available remedy.
Sec. 9. [PLAN ADOPTED.]
Metropolitan council redistricting plan MC03, on file with
the geographical information systems office of the legislative
coordinating commission and published on its Web site on May 14,
2003, is adopted as the metropolitan council redistricting plan.
Sec. 10. [METES AND BOUNDS DESCRIPTION.]
Within 90 days after enactment of this act and in
accordance with Minnesota Statutes, section 2.91, the revisor of
statutes shall prepare a metes and bounds description of the
metropolitan council districts in a form suitable for
publication in Minnesota Statutes and file it with the secretary
of state.
Sec. 11. [REPEALER.]
Minnesota Statutes 2002, sections 473.123, subdivision 3c;
473.1295; 473.1623; 473.704, subdivision 19; and 473.863, are
repealed.
Sec. 12. [APPLICATION.]
Sections 1 to 11 apply in the counties of Anoka, Carver,
Dakota, Hennepin, Ramsey, Scott, and Washington.
Sec. 13. [FORTY-FIFTH DISTRICT.]
Subdivision 1. [SENATE DISTRICT.] Senate district 45
consists of that district as described in the order of the
Minnesota special redistricting panel in Zachman v. Kiffmeyer,
No. C0-01-160 (March 19, 2002).
Subd. 2. [HOUSE DISTRICTS.] Notwithstanding the order of
the Minnesota special redistricting panel in Zachman v.
Kiffmeyer, No. C0-01-160 (March 19, 2002), senate district 45,
as described in that order, is divided into two house districts
as follows:
(a) House district 45A consists of house district 45A as
described in that order, except for the portion of that house
district 45A described as follows:
Beginning at the intersection of the center lines of 35th
Avenue North and Nevada Avenue North, then south along the
center line of Nevada Avenue North to the center line of 34th
Avenue North, then west along the center line of 34th Avenue
North to the center line of Winpark Drive, then north along the
center line of Winpark Drive to the center line of 35th Avenue
North, then west along the center line of 35th Avenue North to
the center line of Winnetka Avenue North, then north along the
center line of Winnetka Avenue North to the north municipal
boundary line of Crystal, then west along that municipal
boundary line to the west municipal boundary line of Crystal,
then south along that municipal boundary line to the center line
of 33rd Avenue North, then east along the center line of 33rd
Avenue North to the center line of Wisconsin Avenue North, then
north along the center line of Wisconsin Avenue North to the
center line of 35th Avenue North, then east along the center
line of 35th Avenue North to the center line of Utah Avenue
North, then south along the center line of Utah Avenue North to
the center line of 33rd Place North, then east along the center
line of 33rd Place North to the center line of Winnetka Avenue
North, then south along the center line of Winnetka Avenue North
to the center line of 32nd Avenue North, then east along the
center line of 32nd Avenue North to the center line of Nevada
Avenue, then north along the center line of Nevada Avenue to the
center line of Valley Place, then east along the center line of
Valley Place to the center line of Louisiana Avenue North, then
north along the center line of Louisiana Avenue North to the
center line of 35th Avenue North, then west along the center
line of 35th Avenue North to the center line of Nevada Avenue
North, which was the place of beginning.
(b) House district 45B consists of that portion of senate
district 45 not included in house district 45A.
Sec. 14. [EFFECTIVE DATE.]
Sections 1 to 13 are effective the day following final
enactment.
Presented to the governor May 30, 2003
Signed by the governor June 8, 2003, 11:15 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes