1.1                          A bill for an act 
  1.2             relating to metropolitan government; abolishing the 
  1.3             metropolitan council, the metropolitan parks and open 
  1.4             space commission, the metropolitan sports facilities 
  1.5             commission, and the metropolitan radio board; 
  1.6             transferring regional transit financing and operations 
  1.7             to the commissioner of transportation; establishing 
  1.8             the metropolitan wastewater control commission; 
  1.9             transferring ownership and operation of the 
  1.10            metropolitan sports facilities to the city of 
  1.11            Minneapolis, or in the alternative, to the Minnesota 
  1.12            amateur sports commission; transferring the powers and 
  1.13            duties of the metropolitan radio board to the 
  1.14            commissioner of transportation; transferring housing 
  1.15            programs to the housing finance agency; appropriating 
  1.16            money; amending Minnesota Statutes 2000, sections 
  1.17            3.9741, subdivision 1; 4A.02; 6.76; 10A.01, 
  1.18            subdivisions 24, 31, 32, and 35; 13.201; 13.55, 
  1.19            subdivision 1; 13.685; 13.72, subdivision 9; 15.0597, 
  1.20            subdivision 1; 15.0599, subdivision 1; 15.50, 
  1.21            subdivision 2; 15A.0815, subdivision 3; 16B.122, 
  1.22            subdivision 1; 47.52; 65B.43, subdivision 20; 85.015, 
  1.23            subdivision 14; 85.016; 85.017; 103B.155; 103B.231, 
  1.24            subdivisions 3a, 7, 8, and 11; 103B.235, subdivision 
  1.25            3; 103B.255, subdivisions 8, 9, and 12; 103D.401, 
  1.26            subdivisions 1, 2, 3, 4, and 5; 103D.405, subdivisions 
  1.27            3, 4, 5, and 6; 103F.715; 103F.721; 103F.761, 
  1.28            subdivision 1; 103G.293; 114C.25; 115.54; 115.741, 
  1.29            subdivision 2; 115A.471; 115A.52; 116.16, subdivision 
  1.30            2; 116.182, subdivisions 1 and 3a; 116D.04, 
  1.31            subdivision 1a; 116G.03, subdivision 5; 116G.15; 
  1.32            116J.401; 116J.402; 116J.565, subdivision 1; 116M.14, 
  1.33            subdivision 4; 116M.15, subdivision 1; 117.57, 
  1.34            subdivision 3; 124D.892, subdivision 1; 134.201, 
  1.35            subdivision 5; 145A.02, subdivision 16; 145A.09, 
  1.36            subdivision 6; 160.265, subdivision 1; 161.17, 
  1.37            subdivision 2; 161.171, subdivision 5; 161.173; 
  1.38            161.174; 162.09, subdivision 4; 169.781, subdivision 
  1.39            1; 169.791, subdivision 5; 169.792, subdivision 11; 
  1.40            174.03, subdivisions 1, 4, 5, and 6a; 174.031, 
  1.41            subdivision 3; 174.04, subdivisions 1 and 2; 174.32, 
  1.42            subdivision 2; 174.50, subdivision 4; 174.90; 216C.15, 
  1.43            subdivision 1; 221.022; 221.031, subdivision 3a; 
  1.44            221.295; 240.06, subdivision 2; 240A.08; 270.12, 
  1.45            subdivision 3; 275.065, subdivisions 3 and 6b; 
  1.46            275.066; 275.14; 275.62, subdivision 3; 340A.404, 
  2.1             subdivision 1; 340A.504, subdivision 1; 352.01, 
  2.2             subdivisions 2a and 2b; 352.03, subdivision 1; 352.04, 
  2.3             subdivision 6; 352D.02, subdivision 1; 353.64, 
  2.4             subdivision 7a; 373.40, subdivision 1; 383A.81, 
  2.5             subdivision 3; 383B.81, subdivision 3; 398A.04, 
  2.6             subdivisions 1, 2, and 9; 403.07, subdivision 1; 
  2.7             414.02, subdivision 3; 414.031, subdivision 4; 
  2.8             422A.01, subdivision 9; 422A.101, subdivision 2a; 
  2.9             462A.04, subdivision 1; 462A.07, subdivision 11; 
  2.10            462A.222, subdivision 4; 462C.04, subdivisions 2, 3, 
  2.11            and 4; 462C.071, subdivision 2; 465.797, subdivision 
  2.12            3; 465.798; 465.799; 465.801; 465.82, subdivision 1; 
  2.13            465.83; 469.071, subdivision 4; 469.174, subdivision 
  2.14            26; 471.425, subdivision 1; 471.591, subdivision 1; 
  2.15            471.9997; 471A.02, subdivision 8; 473.121, 
  2.16            subdivisions 2, 5a, 6, 10, 14, and 24; 473.142; 
  2.17            473.1425; 473.143; 473.144; 473.145; 473.146, 
  2.18            subdivisions 1, 3, 4, and by adding subdivisions; 
  2.19            473.1466; 473.147; 473.149, subdivision 3; 473.151; 
  2.20            473.157; 473.166; 473.167, subdivisions 2 and 2a; 
  2.21            473.168, subdivision 2; 473.192, subdivisions 2 and 3; 
  2.22            473.223; 473.25; 473.251; 473.253; 473.254; 473.255; 
  2.23            473.301, subdivisions 2 and 4; 473.313; 473.315, 
  2.24            subdivision 1; 473.334, subdivision 1; 473.341; 
  2.25            473.351; 473.375, subdivisions 9, 11, 12, 13, 14, and 
  2.26            15; 473.382; 473.384; 473.385, subdivisions 1 and 2; 
  2.27            473.386, subdivisions 1, 2, 2a, 3, 4, 5, and 6; 
  2.28            473.387, subdivisions 2, 3, and 4; 473.391; 473.3915, 
  2.29            subdivisions 3 and 4; 473.392; 473.399; 473.3994, 
  2.30            subdivisions 4, 5, 7, 9, 10, and 13; 473.3997; 
  2.31            473.405, subdivisions 1, 3, 4, 5, 9, 10, 12, and 15; 
  2.32            473.4051; 473.407, subdivisions 1, 3, 4, and 5; 
  2.33            473.408, subdivisions 1, 2, 2a, 2b, 4, 6, and 7; 
  2.34            473.409; 473.411, subdivision 5; 473.415, subdivision 
  2.35            1; 473.416; 473.42; 473.448; 473.449; 473.504; 
  2.36            473.505; 473.511; 473.512, subdivision 1; 473.513; 
  2.37            473.515; 473.5155, subdivisions 1 and 3; 473.516; 
  2.38            473.517, subdivisions 1, 3, and 6; 473.519; 473.521; 
  2.39            473.523; 473.541; 473.542; 473.543; 473.545; 473.547; 
  2.40            473.549; 473.551, subdivision 9; 473.556, subdivisions 
  2.41            4, 5, 6, 11, 12, and 14; 473.601, by adding a 
  2.42            subdivision; 473.602; 473.604, subdivision 1; 473.608, 
  2.43            subdivision 19; 473.611, subdivision 5; 473.621, 
  2.44            subdivision 6; 473.638; 473.64; 473.655; 473.667, 
  2.45            subdivision 8; 473.8011; 473.834, subdivision 2; 
  2.46            473.891, subdivisions 2 and 7; 473.894, subdivisions 
  2.47            1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 19, 20, 
  2.48            21, 22, 23, and 24; 473.897, subdivisions 1, 2, and 4; 
  2.49            473.901, subdivisions 2 and 3; 473.902, subdivisions 
  2.50            1, 2, 3, 4, and 5; 473.904, subdivisions 1, 3, and 4; 
  2.51            473.905, subdivision 2; 473.910, subdivision 3; 
  2.52            473F.02, subdivisions 7 and 8; 473F.08, subdivisions 5 
  2.53            and 7a; 473F.13; 473H.04, subdivision 3; 473H.06, 
  2.54            subdivisions 1 and 5; 473H.08, subdivision 4; 
  2.55            477A.011, subdivision 3; and 572A.02, subdivision 5; 
  2.56            proposing coding for new law in Minnesota Statutes, 
  2.57            chapter 473; repealing Minnesota Statutes 2000, 
  2.58            sections 103B.235, subdivision 3a; 115A.03, 
  2.59            subdivision 19; 174.22, subdivision 3; 403.07, 
  2.60            subdivision 2; 462.382; 462C.071, subdivision 4; 
  2.61            465.795, subdivision 3; 473.121, subdivisions 3, 8, 
  2.62            and 12; 473.123; 473.125; 473.127; 473.129; 473.1295; 
  2.63            473.13; 473.132; 473.1455; 473.1465; 473.155; 
  2.64            473.1551; 473.156; 473.1623; 473.164; 473.167, 
  2.65            subdivisions 3 and 4; 473.171; 473.173; 473.175; 
  2.66            473.181; 473.191; 473.194; 473.195; 473.197; 473.199; 
  2.67            473.201; 473.206; 473.208; 473.23; 473.241; 473.242; 
  2.68            473.243; 473.244; 473.245; 473.247; 473.249; 473.252; 
  2.69            473.303; 473.315, subdivision 2; 473.325; 473.326; 
  2.70            473.333; 473.388; 473.39, subdivisions 1, 1a, 1b, 1c, 
  2.71            1d, 1e, 1f, 1g, 2, and 4; 473.3915, subdivisions 5 and 
  3.1             6; 473.411, subdivisions 3 and 4; 473.436; 473.446; 
  3.2             473.517, subdivision 9; 473.535; 473.551, subdivisions 
  3.3             2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, and 
  3.4             17; 473.552; 473.553; 473.556, subdivisions 1, 2, 3, 
  3.5             7, 8, 9, 10, 13, 16, and 17; 473.561; 473.564; 
  3.6             473.565; 473.572; 473.581; 473.592; 473.595; 473.596; 
  3.7             473.598; 473.599; 473.616; 473.618; 473.619; 473.851; 
  3.8             473.852; 473.853; 473.854; 473.856; 473.857; 473.858; 
  3.9             473.859; 473.86; 473.861; 473.862; 473.863; 473.864; 
  3.10            473.865; 473.866; 473.867; 473.868; 473.869; 473.87; 
  3.11            473.871; 473.893; 473.894, subdivisions 14, 16, 17, 
  3.12            and 18; 473.895; 473.896; 473.897, subdivision 3; 
  3.13            473.898, subdivisions 1, 2, 3, and 4; 473.899; 
  3.14            473.900; 473.903; 473F.02, subdivision 21; and 
  3.15            473F.08, subdivision 3b. 
  3.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  3.17                             ARTICLE 1 
  3.18                   METROPOLITAN COUNCIL ABOLISHED 
  3.19     Section 1.  Minnesota Statutes 2000, section 4A.02, is 
  3.20  amended to read: 
  3.21     4A.02 [STATE DEMOGRAPHER.] 
  3.22     (a) The director shall appoint a state demographer.  The 
  3.23  demographer must be professionally competent in demography and 
  3.24  must possess demonstrated ability based upon past performance.  
  3.25     (b) The demographer shall: 
  3.26     (1) continuously gather and develop demographic data 
  3.27  relevant to the state; 
  3.28     (2) design and test methods of research and data 
  3.29  collection; 
  3.30     (3) periodically prepare population projections for the 
  3.31  state and designated regions and periodically prepare 
  3.32  projections for each county or other political subdivision of 
  3.33  the state as necessary to carry out the purposes of this 
  3.34  section; 
  3.35     (4) review, comment on, and prepare analysis of population 
  3.36  estimates and projections made by state agencies, political 
  3.37  subdivisions, other states, federal agencies, or nongovernmental 
  3.38  persons, institutions, or commissions; 
  3.39     (5) serve as the state liaison with the United States 
  3.40  Bureau of the Census, coordinate state and federal demographic 
  3.41  activities to the fullest extent possible, and aid the 
  3.42  legislature in preparing a census data plan and form for each 
  3.43  decennial census; 
  4.1      (6) compile an annual study of population estimates on the 
  4.2   basis of county, regional, or other political or geographical 
  4.3   subdivisions as necessary to carry out the purposes of this 
  4.4   section and section 4A.03; 
  4.5      (7) by January 1 of each year, issue a report to the 
  4.6   legislature containing an analysis of the demographic 
  4.7   implications of the annual population study and population 
  4.8   projections; 
  4.9      (8) prepare maps for all counties in the state, all 
  4.10  municipalities with a population of 10,000 or more, and other 
  4.11  municipalities as needed for census purposes, according to scale 
  4.12  and detail recommended by the United States Bureau of the 
  4.13  Census, with the maps of cities showing precinct boundaries; 
  4.14     (9) prepare an estimate of population and of the number of 
  4.15  households for each governmental subdivision ~~for which the~~ 
  4.16  ~~metropolitan council does not prepare an annual estimate,~~ and 
  4.17  convey the estimates to the governing body of each political 
  4.18  subdivision by May 1 of each year; 
  4.19     (10) direct, under section 414.01, subdivision 14, and 
  4.20  certify population and household estimates of annexed or 
  4.21  detached areas of municipalities or towns after being notified 
  4.22  of the order or letter of approval by the Minnesota municipal 
  4.23  board; and 
  4.24     (11) prepare, for any purpose for which a population 
  4.25  estimate is required by law or needed to implement a law, a 
  4.26  population estimate of a municipality or town whose population 
  4.27  is affected by action under section 379.02 or 414.01, 
  4.28  subdivision 14. 
  4.29     (c) A governing body may challenge an estimate made under 
  4.30  paragraph (b) by filing their specific objections in writing 
  4.31  with the state demographer by June 10.  If the challenge does 
  4.32  not result in an acceptable estimate by June 24, the governing 
  4.33  body may have a special census conducted by the United States 
  4.34  Bureau of the Census.  The political subdivision must notify the 
  4.35  state demographer by July 1 of its intent to have the special 
  4.36  census conducted.  The political subdivision must bear all costs 
  5.1   of the special census.  Results of the special census must be 
  5.2   received by the state demographer by the next April 15 to be 
  5.3   used in that year's May 1 estimate to the political subdivision 
  5.4   under paragraph (b). 
  5.5      Sec. 2.  Minnesota Statutes 2000, section 6.76, is amended 
  5.6   to read: 
  5.7      6.76 [LOCAL GOVERNMENTAL EXPENDITURES FOR LOBBYISTS.] 
  5.8      (a) On or before January 31 of each year, all counties, 
  5.9   cities, school districts, metropolitan agencies, and regional 
  5.10  railroad authorities~~, and the metropolitan council~~ shall report 
  5.11  to the state auditor, on forms prescribed by the auditor, their 
  5.12  estimated expenditures paid for the previous calendar year to a 
  5.13  lobbyist as defined in section 10A.01, subdivision 20, except 
  5.14  payments to associations of local governments that are reported 
  5.15  under paragraph (b), and to any staff person not registered as a 
  5.16  lobbyist, over 25 percent of whose time is spent during the 
  5.17  legislative session on legislative matters. 
  5.18     (b) Associations of local governments subject to this 
  5.19  section shall report annually, on or before January 31, to the 
  5.20  state auditor and the association's members the proportionate 
  5.21  amount of each member's dues spent for lobbying purposes. 
  5.22     Sec. 3.  Minnesota Statutes 2000, section 10A.01, 
  5.23  subdivision 24, is amended to read: 
  5.24     Subd. 24.  [METROPOLITAN GOVERNMENTAL UNIT.] "Metropolitan 
  5.25  governmental unit" means any of the seven counties in the 
  5.26  metropolitan area as defined in section 473.121, subdivision 2, 
  5.27  a regional railroad authority established by one or more of 
  5.28  those counties under section 398A.03, a city with a population 
  5.29  of over 50,000 located in the seven-county metropolitan area~~,~~ 
  5.30  ~~the metropolitan council,~~ or a metropolitan agency as defined in 
  5.31  section 473.121, subdivision 5a. 
  5.32     Sec. 4.  Minnesota Statutes 2000, section 10A.01, 
  5.33  subdivision 31, is amended to read: 
  5.34     Subd. 31.  [POLITICAL SUBDIVISION.] "Political subdivision" 
  5.35  means ~~the metropolitan council,~~ a metropolitan agency as defined 
  5.36  in section 473.121, subdivision 5a, or a municipality as defined 
  6.1   in section 471.345, subdivision 1. 
  6.2      Sec. 5.  Minnesota Statutes 2000, section 10A.01, 
  6.3   subdivision 32, is amended to read: 
  6.4      Subd. 32.  [POPULATION.] "Population" means the population 
  6.5   established by the most recent federal census, by a special 
  6.6   census taken by the United States Bureau of the Census~~, by an~~ 
  6.7   ~~estimate made by the metropolitan council,~~ or by an estimate 
  6.8   made by the state demographer under section 4A.02, whichever has 
  6.9   the latest stated date of count or estimate. 
  6.10     Sec. 6.  Minnesota Statutes 2000, section 10A.01, 
  6.11  subdivision 35, is amended to read: 
  6.12     Subd. 35.  [PUBLIC OFFICIAL.] "Public official" means any: 
  6.13     (1) member of the legislature; 
  6.14     (2) individual employed by the legislature as secretary of 
  6.15  the senate, legislative auditor, chief clerk of the house, 
  6.16  revisor of statutes, or researcher, legislative analyst, or 
  6.17  attorney in the office of senate counsel and research or house 
  6.18  research; 
  6.19     (3) constitutional officer in the executive branch and the 
  6.20  officer's chief administrative deputy; 
  6.21     (4) solicitor general or deputy, assistant, or special 
  6.22  assistant attorney general; 
  6.23     (5) commissioner, deputy commissioner, or assistant 
  6.24  commissioner of any state department or agency as listed in 
  6.25  section 15.01 or 15.06; 
  6.26     (6) member, chief administrative officer, or deputy chief 
  6.27  administrative officer of a state board or commission that has 
  6.28  either the power to adopt, amend, or repeal rules, or the power 
  6.29  to adjudicate contested cases or appeals; 
  6.30     (7) individual employed in the executive branch who is 
  6.31  authorized to adopt, amend, or repeal rules or adjudicate 
  6.32  contested cases; 
  6.33     (8) executive director of the state board of investment; 
  6.34     (9) deputy of any official listed in clauses (7) and (8); 
  6.35     (10) judge of the workers' compensation court of appeals; 
  6.36     (11) administrative law judge or compensation judge in the 
  7.1   state office of administrative hearings or referee in the 
  7.2   department of economic security; 
  7.3      (12) ~~member, regional administrator, division director,~~ 
  7.4   ~~general counsel, or operations manager of the metropolitan~~ 
  7.5   ~~council;~~ 
  7.6      ~~(13)~~ member or chief administrator of a metropolitan 
  7.7   agency; 
  7.8      ~~(14)~~ (13) director of the division of alcohol and gambling 
  7.9   enforcement in the department of public safety; 
  7.10     ~~(15)~~ (14) member or executive director of the higher 
  7.11  education facilities authority; 
  7.12     ~~(16)~~ (15) member of the board of directors or president of 
  7.13  Minnesota Technology, Inc.; or 
  7.14     ~~(17)~~ (16) member of the board of directors or executive 
  7.15  director of the Minnesota state high school league. 
  7.16     Sec. 7.  Minnesota Statutes 2000, section 13.201, is 
  7.17  amended to read: 
  7.18     13.201 [RIDESHARE DATA.] 
  7.19     The following data on participants, collected by the 
  7.20  Minnesota department of transportation ~~and the metropolitan~~ 
  7.21  ~~council~~ to administer rideshare programs, are classified as 
  7.22  private under section 13.02, subdivision 12:  residential 
  7.23  address and telephone number; beginning and ending work hours; 
  7.24  current mode of commuting to and from work; and type of 
  7.25  rideshare service information requested. 
  7.26     Sec. 8.  Minnesota Statutes 2000, section 13.685, is 
  7.27  amended to read: 
  7.28     13.685 [MUNICIPAL UTILITY CUSTOMER DATA.] 
  7.29     Data on customers of municipal electric utilities are 
  7.30  private data on individuals or nonpublic data, but may be 
  7.31  released to: 
  7.32     (1) a law enforcement agency that requests access to the 
  7.33  data in connection with an investigation; 
  7.34     (2) a school for purposes of compiling pupil census data; 
  7.35     (3) ~~the metropolitan council for use in studies or analyses~~ 
  7.36  ~~required by law;~~ 
  8.1      ~~(4)~~ a public child support authority for purposes of 
  8.2   establishing or enforcing child support; or 
  8.3      ~~(5)~~ (4) a person where use of the data directly advances 
  8.4   the general welfare, health, or safety of the public; the 
  8.5   commissioner of administration may issue advisory opinions 
  8.6   construing this clause pursuant to section 13.072.  
  8.7      Sec. 9.  Minnesota Statutes 2000, section 13.72, 
  8.8   subdivision 9, is amended to read: 
  8.9      Subd. 9.  [RIDESHARE DATA.] The following data on 
  8.10  participants, collected by the Minnesota department of 
  8.11  transportation ~~and the metropolitan council~~ to administer 
  8.12  rideshare programs, are classified as private under section 
  8.13  13.02, subdivision 12:  residential address and telephone 
  8.14  number; beginning and ending work hours; current mode of 
  8.15  commuting to and from work; and type of rideshare service 
  8.16  information requested.  
  8.17     Sec. 10.  Minnesota Statutes 2000, section 15.0597, 
  8.18  subdivision 1, is amended to read: 
  8.19     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  8.20  following terms shall have the meanings given them. 
  8.21     (a) "Agency" means (1) a state board, commission, council, 
  8.22  committee, authority, task force, including an advisory task 
  8.23  force created under section 15.014 or 15.0593, a group created 
  8.24  by executive order of the governor, or other similar multimember 
  8.25  agency created by law and having statewide jurisdiction; and (2) 
  8.26  ~~the metropolitan council,~~ a metropolitan agency, capitol area 
  8.27  architectural and planning board, and any agency with a regional 
  8.28  jurisdiction created in this state pursuant to an interstate 
  8.29  compact. 
  8.30     (b) "Vacancy" or "vacant agency position" means (1) a 
  8.31  vacancy in an existing agency, or (2) a new, unfilled agency 
  8.32  position.  Vacancy includes a position that is to be filled 
  8.33  through appointment of a nonlegislator by a legislator or group 
  8.34  of legislators; vacancy does not mean (1) a vacant position on 
  8.35  an agency composed exclusively of persons employed by a 
  8.36  political subdivision or another agency, or (2) a vacancy to be 
  9.1   filled by a person required to have a specific title or position.
  9.2      (c) "Secretary" means the secretary of state. 
  9.3      Sec. 11.  Minnesota Statutes 2000, section 15.0599, 
  9.4   subdivision 1, is amended to read: 
  9.5      Subdivision 1.  [APPLICABILITY.] For purposes of this 
  9.6   section, the following terms shall have the meanings given them. 
  9.7      (a) "Agency" means: 
  9.8      (1) a state board, commission, council, committee, 
  9.9   authority, task force, including an advisory task force 
  9.10  established under section 15.014 or 15.0593, other multimember 
  9.11  agency, however designated, established by statute or order and 
  9.12  having statewide jurisdiction; 
  9.13     (2) ~~the metropolitan council established by section~~ 
  9.14  ~~473.123,~~ a metropolitan agency as defined in section 473.121, 
  9.15  subdivision 5a, or a multimember body, however designated, 
  9.16  appointed by ~~the metropolitan council or~~ a metropolitan agency 
  9.17  if the membership includes at least one person who is not a 
  9.18  member of ~~the council or~~ the agency; 
  9.19     (3) a multimember body whose members are appointed by the 
  9.20  legislature if the body has at least one nonlegislative member; 
  9.21  and 
  9.22     (4) any other multimember body established by law with at 
  9.23  least one appointed member, without regard to the appointing 
  9.24  authority. 
  9.25     (b) "Secretary" means the secretary of state. 
  9.26     Sec. 12.  Minnesota Statutes 2000, section 15.50, 
  9.27  subdivision 2, is amended to read: 
  9.28     Subd. 2.  [CAPITOL AREA PLAN.] (a) The board shall prepare, 
  9.29  prescribe, and from time to time, after a public hearing, amend 
  9.30  a comprehensive use plan for the capitol area, called the area 
  9.31  in this subdivision, which consists of that portion of the city 
  9.32  of Saint Paul comprehended within the following boundaries:  
  9.33  Beginning at the point of intersection of the center line of the 
  9.34  Arch-Pennsylvania freeway and the center line of Marion Street, 
  9.35  thence southerly along the center line of Marion Street extended 
  9.36  to a point 50 feet south of the south line of Concordia Avenue, 
 10.1   thence southeasterly along a line extending 50 feet from the 
 10.2   south line of Concordia Avenue to a point 125 feet from the west 
 10.3   line of John Ireland Boulevard, thence southwesterly along a 
 10.4   line extending 125 feet from the west line of John Ireland 
 10.5   Boulevard to the south line of Dayton Avenue, thence 
 10.6   northeasterly from the south line of Dayton Avenue to the west 
 10.7   line of John Ireland Boulevard, thence northeasterly to the 
 10.8   center line of the intersection of Old Kellogg Boulevard and 
 10.9   Summit Avenue, thence northeasterly along the center line of 
 10.10  Summit Avenue to the center line of the new West Kellogg 
 10.11  Boulevard, thence southerly along the east line of the new West 
 10.12  Kellogg Boulevard, to the east line of the right-of-way of 
 10.13  Interstate Highway 35-E, thence northeasterly along the east 
 10.14  line of the right-of-way of Interstate Highway 35-E to the south 
 10.15  line of the right-of-way of Interstate Highway 94, thence 
 10.16  easterly along the south line of the right-of-way of Interstate 
 10.17  Highway 94 to the west line of St. Peter Street, thence 
 10.18  southerly to the south line of Exchange Street, thence easterly 
 10.19  along the south line of Exchange Street to the west line of 
 10.20  Cedar Street, thence northerly along the west line of Cedar 
 10.21  Street to the center line of Tenth Street, thence northeasterly 
 10.22  along the center line of Tenth Street to the center line of 
 10.23  Minnesota Street, thence northwesterly along the center line of 
 10.24  Minnesota Street to the center line of Eleventh Street, thence 
 10.25  northeasterly along the center line of Eleventh Street to the 
 10.26  center line of Jackson Street, thence northwesterly along the 
 10.27  center line of Jackson Street to the center line of the 
 10.28  Arch-Pennsylvania freeway extended, thence westerly along the 
 10.29  center line of the Arch-Pennsylvania freeway extended and Marion 
 10.30  Street to the point of origin.  
 10.31     Under the comprehensive plan, or a portion of it, the board 
 10.32  may regulate, by means of zoning rules adopted under the 
 10.33  Administrative Procedure Act, the kind, character, height, and 
 10.34  location, of buildings and other structures constructed or used, 
 10.35  the size of yards and open spaces, the percentage of lots that 
 10.36  may be occupied, and the uses of land, buildings and other 
 11.1   structures, within the area.  To protect and enhance the 
 11.2   dignity, beauty, and architectural integrity of the capitol 
 11.3   area, the board is further empowered to include in its zoning 
 11.4   rules design review procedures and standards with respect to any 
 11.5   proposed construction activities in the capitol area 
 11.6   significantly affecting the dignity, beauty, and architectural 
 11.7   integrity of the area.  No person may undertake these 
 11.8   construction activities as defined in the board's rules in the 
 11.9   capitol area without first submitting construction plans to the 
 11.10  board, obtaining a zoning permit from the board, and receiving a 
 11.11  written certification from the board specifying that the person 
 11.12  has complied with all design review procedures and standards.  
 11.13  Violation of the zoning rules is a misdemeanor.  The board may, 
 11.14  at its option, proceed to abate any violation by injunction.  
 11.15  The board and the city of Saint Paul shall cooperate in assuring 
 11.16  that the area adjacent to the capitol area is developed in a 
 11.17  manner that is in keeping with the purpose of the board and the 
 11.18  provisions of the comprehensive plan.  
 11.19     (b) The commissioner of administration shall act as a 
 11.20  consultant to the board with regard to the physical structural 
 11.21  needs of the state.  The commissioner shall make studies and 
 11.22  report the results to the board when it requests reports for its 
 11.23  planning purpose.  
 11.24     (c) No public building, street, parking lot, or monument, 
 11.25  or other construction may be built or altered on any public 
 11.26  lands within the area unless the plans for the project conform 
 11.27  to the comprehensive use plan as specified in paragraph (d) and 
 11.28  to the requirement for competitive plans as specified in 
 11.29  paragraph (e).  No alteration substantially changing the 
 11.30  external appearance of any existing public building approved in 
 11.31  the comprehensive plan or the exterior or interior design of any 
 11.32  proposed new public building the plans for which were secured by 
 11.33  competition under paragraph (e) may be made without the prior 
 11.34  consent of the board.  The commissioner of administration shall 
 11.35  consult with the board regarding internal changes having the 
 11.36  effect of substantially altering the architecture of the 
 12.1   interior of any proposed building.  
 12.2      (d) The comprehensive plan must show the existing land uses 
 12.3   and recommend future uses including:  areas for public taking 
 12.4   and use; zoning for private land and criteria for development of 
 12.5   public land, including building areas, open spaces, monuments, 
 12.6   and other memorials; vehicular and pedestrian circulation; 
 12.7   utilities systems; vehicular storage; elements of landscape 
 12.8   architecture.  No substantial alteration or improvement may be 
 12.9   made to public lands or buildings in the area without the 
 12.10  written approval of the board.  
 12.11     (e) The board shall secure by competitions plans for any 
 12.12  new public building.  Plans for any comprehensive plan, 
 12.13  landscaping scheme, street plan, or property acquisition that 
 12.14  may be proposed, or for any proposed alteration of any existing 
 12.15  public building, landscaping scheme or street plan may be 
 12.16  secured by a similar competition.  A competition must be 
 12.17  conducted under rules prescribed by the board and may be of any 
 12.18  type which meets the competition standards of the American 
 12.19  Institute of Architects.  Designs selected become the property 
 12.20  of the state of Minnesota, and the board may award one or more 
 12.21  premiums in each competition and may pay the costs and fees that 
 12.22  may be required for its conduct.  At the option of the board, 
 12.23  plans for projects estimated to cost less than $1,000,000 may be 
 12.24  approved without competition provided the plans have been 
 12.25  considered by the advisory committee described in paragraph 
 12.26  (h).  Plans for projects estimated to cost less than $400,000 
 12.27  and for construction of streets need not be considered by the 
 12.28  advisory committee if in conformity with the comprehensive plan. 
 12.29     (f) Notwithstanding paragraph (e), an architectural 
 12.30  competition is not required for the design of any light rail 
 12.31  transit station and alignment within the capitol area.  The 
 12.32  board and its advisory committee shall select a preliminary 
 12.33  design for any transit station in the capitol area.  Each stage 
 12.34  of any station's design through working drawings must be 
 12.35  reviewed by the board's advisory committee and approved by the 
 12.36  board to ensure that the station's design is compatible with the 
 13.1   comprehensive plan for the capitol area and the board's design 
 13.2   criteria.  The guideway and track design of any light rail 
 13.3   transit alignment within the capitol area must also be reviewed 
 13.4   by the board's advisory committee and approved by the board. 
 13.5      (g) Of the amount available for the light rail transit 
 13.6   design, adequate funds must be available to the board for design 
 13.7   framework studies and review of preliminary plans for light rail 
 13.8   transit alignment and stations in the capitol area. 
 13.9      (h) The board may not adopt any plan under paragraph (e) 
 13.10  unless it first receives the comments and criticism of an 
 13.11  advisory committee of three persons, each of whom is either an 
 13.12  architect or a planner, who have been selected and appointed as 
 13.13  follows:  one by the board of the arts, one by the board, and 
 13.14  one by the Minnesota Society of the American Institute of 
 13.15  Architects.  Members of the committee may not be contestants 
 13.16  under paragraph (e).  The comments and criticism must be a 
 13.17  matter of public information.  The committee shall advise the 
 13.18  board on all architectural and planning matters.  For that 
 13.19  purpose, the committee must be kept currently informed 
 13.20  concerning, and have access to, all data, including all plans, 
 13.21  studies, reports and proposals, relating to the area as the data 
 13.22  are developed or in the process of preparation, whether by the 
 13.23  commissioner of administration, the commissioner of trade and 
 13.24  economic development, ~~the metropolitan council,~~ the city of 
 13.25  Saint Paul, or by any architect, planner, agency or 
 13.26  organization, public or private, retained by the board or not 
 13.27  retained and engaged in any work or planning relating to the 
 13.28  area, and a copy of any data prepared by any public employee or 
 13.29  agency must be filed with the board promptly upon completion.  
 13.30     The board may employ stenographic or technical help that 
 13.31  may be reasonable to assist the committee to perform its duties. 
 13.32     When so directed by the board, the committee may serve as, 
 13.33  and any member or members of the committee may serve on, the 
 13.34  jury or as professional advisor for any architectural 
 13.35  competition, and the board shall select the architectural 
 13.36  advisor and jurors for any competition with the advice of the 
 14.1   committee.  
 14.2      The city of Saint Paul shall advise the board.  
 14.3      (i) The comprehensive plan for the area must be developed 
 14.4   and maintained in close cooperation with the commissioner of 
 14.5   trade and economic development, the planning department and the 
 14.6   council for the city of Saint Paul, and the board of the arts, 
 14.7   and no plan or amendment of a plan may be effective without 90 
 14.8   days' notice to the planning department of the city of Saint 
 14.9   Paul and the board of the arts and without a public hearing with 
 14.10  opportunity for public testimony.  
 14.11     (j) The board and the commissioner of administration, 
 14.12  jointly, shall prepare, prescribe, and from time to time revise 
 14.13  standards and policies governing the repair, alteration, 
 14.14  furnishing, appearance, and cleanliness of the public and 
 14.15  ceremonial areas of the state capitol building.  The board shall 
 14.16  consult with and receive advice from the director of the 
 14.17  Minnesota state historical society regarding the historic 
 14.18  fidelity of plans for the capitol building.  The standards and 
 14.19  policies developed under this paragraph are binding upon the 
 14.20  commissioner of administration.  The provisions of chapter 14, 
 14.21  including section 14.386, do not apply to this paragraph.  
 14.22     (k) The board in consultation with the commissioner of 
 14.23  administration shall prepare and submit to the legislature and 
 14.24  the governor no later than October 1 of each even-numbered year 
 14.25  a report on the status of implementation of the comprehensive 
 14.26  plan together with a program for capital improvements and site 
 14.27  development, and the commissioner of administration shall 
 14.28  provide the necessary cost estimates for the program.  The board 
 14.29  shall report any changes to the comprehensive plan adopted by 
 14.30  the board to the committee on governmental operations and 
 14.31  gambling of the house of representatives and the committee on 
 14.32  governmental operations and reform of the senate and upon 
 14.33  request shall provide testimony concerning the changes.  The 
 14.34  board shall also provide testimony to the legislature on 
 14.35  proposals for memorials in the capitol area as to their 
 14.36  compatibility with the standards, policies, and objectives of 
 15.1   the comprehensive plan. 
 15.2      (l) The state shall, by the attorney general upon the 
 15.3   recommendation of the board and within appropriations available 
 15.4   for that purpose, acquire by gift, purchase, or eminent domain 
 15.5   proceedings any real property situated in the area described in 
 15.6   this section, and it may also acquire an interest less than a 
 15.7   fee simple interest in the property, if it finds that the 
 15.8   property is needed for future expansion or beautification of the 
 15.9   area.  
 15.10     (m) The board is the successor of the state veterans 
 15.11  service building commission, and as such may adopt rules and may 
 15.12  reenact the rules adopted by its predecessor under Laws 1945, 
 15.13  chapter 315, and amendments to it.  
 15.14     (n) The board shall meet at the call of the chair and at 
 15.15  such other times as it may prescribe.  
 15.16     (o) The commissioner of administration shall assign 
 15.17  quarters in the state veterans service building to (1) the 
 15.18  department of veterans affairs, of which a part that the 
 15.19  commissioner of administration and commissioner of veterans 
 15.20  affairs may mutually determine must be on the first floor above 
 15.21  the ground, and (2) the American Legion, Veterans of Foreign 
 15.22  Wars, Disabled American Veterans, Military Order of the Purple 
 15.23  Heart, United Spanish War Veterans, and Veterans of World War I, 
 15.24  and their auxiliaries, incorporated, or when incorporated, under 
 15.25  the laws of the state, and (3) as space becomes available, to 
 15.26  other state departments and agencies as the commissioner may 
 15.27  deem desirable. 
 15.28     Sec. 13.  Minnesota Statutes 2000, section 15A.0815, 
 15.29  subdivision 3, is amended to read: 
 15.30     Subd. 3.  [GROUP II SALARY LIMITS.] The salaries for 
 15.31  positions in this subdivision may not exceed 85 percent of the 
 15.32  salary of the governor: 
 15.33     Ombudsman for corrections; 
 15.34     Executive director of gambling control board; 
 15.35     Commissioner, iron range resources and rehabilitation 
 15.36  board; 
 16.1      Commissioner, bureau of mediation services; 
 16.2      Ombudsman for mental health and retardation; 
 16.3      ~~Chair, metropolitan council;~~ 
 16.4      Executive director of pari-mutuel racing; 
 16.5      Executive director, public employees retirement 
 16.6   association; 
 16.7      Commissioner, public utilities commission; 
 16.8      Executive director, state retirement system; and 
 16.9      Executive director, teachers retirement association. 
 16.10     Sec. 14.  Minnesota Statutes 2000, section 16B.122, 
 16.11  subdivision 1, is amended to read: 
 16.12     Subdivision 1.  [DEFINITIONS.] The definitions in this 
 16.13  subdivision apply to this section. 
 16.14     (a) "Copier paper" means paper purchased for use in copying 
 16.15  machines. 
 16.16     (b) "Office paper" means notepads, loose-leaf fillers, 
 16.17  tablets, and other paper commonly used in offices. 
 16.18     (c) "Postconsumer material" means a finished material that 
 16.19  would normally be discarded as a solid waste, having completed 
 16.20  its life cycle as a consumer item. 
 16.21     (d) "Practicable" means capable of being used, consistent 
 16.22  with performance, in accordance with applicable specifications, 
 16.23  and availability within a reasonable time. 
 16.24     (e) "Printing paper" means paper designed for printing, 
 16.25  other than newsprint, such as offset and publication paper. 
 16.26     (f) "Public entity" means the state, an office, agency, or 
 16.27  institution of the state, ~~the metropolitan council,~~ a 
 16.28  metropolitan agency, the metropolitan mosquito control district, 
 16.29  the legislature, the courts, a county, a statutory or home rule 
 16.30  charter city, a town, a school district, another special taxing 
 16.31  district, or any contractor acting pursuant to a contract with a 
 16.32  public entity. 
 16.33     (g) "Soy-based ink" means printing ink made from soy oil. 
 16.34     (h) "Uncoated" means not coated with plastic, clay, or 
 16.35  other material used to create a glossy finish. 
 16.36     Sec. 15.  Minnesota Statutes 2000, section 47.52, is 
 17.1   amended to read: 
 17.2      47.52 [AUTHORIZATION.] 
 17.3      (a) With the prior approval of the commissioner, any bank 
 17.4   doing business in this state may establish and maintain detached 
 17.5   facilities provided the facilities are located within:  (1) the 
 17.6   municipality in which the principal office of the applicant bank 
 17.7   is located; or (2) 5,000 feet of its principal office measured 
 17.8   in a straight line from the closest points of the closest 
 17.9   structures involved; or (3) a municipality in which no bank is 
 17.10  located at the time of application; or (4) a municipality having 
 17.11  a population of more than 10,000; or (5) a municipality having a 
 17.12  population of 10,000 or less, as determined by the commissioner 
 17.13  from the latest available data from the state demographer, ~~or~~ 
 17.14  ~~for municipalities located in the seven-county metropolitan area~~ 
 17.15  ~~from the metropolitan council,~~ and all the banks having a 
 17.16  principal office in the municipality have consented in writing 
 17.17  to the establishment of the facility. 
 17.18     (b) A detached facility shall not be closer than 50 feet to 
 17.19  a detached facility operated by any other bank and shall not be 
 17.20  closer than 100 feet to the principal office of any other bank, 
 17.21  the measurement to be made in the same manner as provided 
 17.22  above.  This paragraph shall not be applicable if the proximity 
 17.23  to the facility or the bank is waived in writing by the other 
 17.24  bank and filed with the application to establish a detached 
 17.25  facility. 
 17.26     (c) A bank is allowed, in addition to other facilities, 
 17.27  part-time deposit-taking locations at elementary and secondary 
 17.28  schools located within the municipality in which the main 
 17.29  banking house or a detached facility is located if they are 
 17.30  established in connection with student education programs 
 17.31  approved by the school administration and consistent with safe, 
 17.32  sound banking practices. 
 17.33     (d) In addition to other facilities, a bank may operate 
 17.34  part-time locations at nursing homes and senior citizen housing 
 17.35  facilities located within the municipality in which the main 
 17.36  banking house or a detached facility is located, or within the 
 18.1   seven-county metropolitan area if the bank's main banking 
 18.2   facility or a detached facility is located within the 
 18.3   seven-county metropolitan area, if they are operated in a manner 
 18.4   consistent with safe, sound banking practices. 
 18.5      Sec. 16.  Minnesota Statutes 2000, section 65B.43, 
 18.6   subdivision 20, is amended to read: 
 18.7      Subd. 20.  "Political subdivision" means any statutory or 
 18.8   home rule charter city; county; town; school district; ~~or~~ 
 18.9   ~~metropolitan council, board or~~ commission; or metropolitan 
 18.10  agency operating under chapter 473. 
 18.11     Sec. 17.  Minnesota Statutes 2000, section 85.015, 
 18.12  subdivision 14, is amended to read: 
 18.13     Subd. 14.  [STATE TRAIL, CHISAGO, RAMSEY, AND WASHINGTON 
 18.14  COUNTIES.] (a) The trail shall originate at the state capitol 
 18.15  and shall extend northerly and northeasterly to William O'Brien 
 18.16  state park, thence northerly to Taylors Falls in Chisago county, 
 18.17  and there terminate.  
 18.18     (b) The trail shall be developed primarily for hiking and 
 18.19  nonmotorized riding.  
 18.20     (c) In addition to the authority granted in subdivision 1, 
 18.21  lands and interests in lands for the trail may be acquired by 
 18.22  eminent domain.  
 18.23     (d) The commissioner of natural resources, after consulting 
 18.24  with all local units of government affected by the trail, and 
 18.25  with the commissioner of transportation and the ~~metropolitan~~ 
 18.26  ~~council~~ office of strategic and long-range planning, shall 
 18.27  prepare a master plan for the trail.  After completion of the 
 18.28  master plan, any land or interest in land not needed for the 
 18.29  trail may be disposed of by the commissioner of natural 
 18.30  resources as follows:  
 18.31     (1) by transfer to the department of transportation, the 
 18.32  historical society, or another state agency; 
 18.33     (2) by sale at not less than the purchase price to a city, 
 18.34  town, school district, park district, or other political 
 18.35  subdivision whose boundaries include or are adjacent to the 
 18.36  land, for public purposes only, after written notice to each of 
 19.1   these political subdivisions; or 
 19.2      (3) if no offer to purchase is received from any political 
 19.3   subdivision within one year after the completion of the master 
 19.4   plan, then by public sale, at not less than the purchase price, 
 19.5   upon notice published in the manner provided in section 92.14, 
 19.6   and otherwise in the same manner as trust fund lands are sold, 
 19.7   so far as applicable.  
 19.8      All proceeds derived from sales of unneeded land and 
 19.9   interest in land shall be deposited in the state bond fund.  For 
 19.10  the purposes of United States Code, title 23, section 138, and 
 19.11  title 49, section 1653(f), any land or interest in land not 
 19.12  needed for the trail and transferred to another state agency, or 
 19.13  sold, does not constitute permanent park, recreation area, or 
 19.14  wildlife or waterfowl refuge facility land. 
 19.15     Sec. 18.  Minnesota Statutes 2000, section 85.016, is 
 19.16  amended to read: 
 19.17     85.016 [BICYCLE TRAIL PROGRAM.] 
 19.18     The commissioner of natural resources shall establish a 
 19.19  program for the development of bicycle trails utilizing the 
 19.20  state trails authorized by section 85.015, other state parks and 
 19.21  recreation land, and state forests.  "Bicycle trail," as used in 
 19.22  this section, has the meaning given in section 169.01.  The 
 19.23  program shall be coordinated with the local park trail grant 
 19.24  program established by the commissioner pursuant to section 
 19.25  85.019, with the bikeway program established by the commissioner 
 19.26  of transportation pursuant to section 160.265, and with existing 
 19.27  and proposed local bikeways.  ~~In the metropolitan area as~~ 
 19.28  ~~defined in section 473.121, the program shall be developed in~~ 
 19.29  ~~accordance with plans and priorities established by the~~ 
 19.30  ~~metropolitan council.~~  The commissioner shall provide technical 
 19.31  assistance to local units of government in planning and 
 19.32  developing bicycle trails in local parks.  The bicycle trail 
 19.33  program shall, as a minimum, describe the location, design, 
 19.34  construction, maintenance, and land acquisition needs of each 
 19.35  component trail and shall give due consideration to the model 
 19.36  standards for the establishment of recreational vehicle lanes 
 20.1   promulgated by the commissioner of transportation pursuant to 
 20.2   section 160.262.  The program shall be developed after 
 20.3   consultation with the state trail council and regional and local 
 20.4   units of government and bicyclist organizations. 
 20.5      Sec. 19.  Minnesota Statutes 2000, section 85.017, is 
 20.6   amended to read: 
 20.7      85.017 [TRAIL REGISTRY.] 
 20.8      The commissioner of natural resources shall compile and 
 20.9   maintain a current registry of cross-country skiing, hiking, 
 20.10  horseback riding and snowmobiling trails in the state and shall 
 20.11  publish and distribute the information in the manner prescribed 
 20.12  in section 86A.11.  The ~~metropolitan council, the~~ commissioner 
 20.13  of trade and economic development, the Minnesota historical 
 20.14  society, and local units of government shall cooperate with and 
 20.15  assist the commissioner in preparing the registry. 
 20.16     Sec. 20.  Minnesota Statutes 2000, section 103B.155, is 
 20.17  amended to read: 
 20.18     103B.155 [STATE WATER AND RELATED LAND RESOURCE PLAN.] 
 20.19     The commissioner of natural resources, in cooperation with 
 20.20  other state and federal agencies, regional development 
 20.21  commissions, ~~the metropolitan council,~~ local governmental units, 
 20.22  and citizens, shall prepare a statewide framework and assessment 
 20.23  water and related land resources plan for presentation to the 
 20.24  legislature by November 15, 1975, for its review and approval or 
 20.25  disapproval.  This plan must relate each of the programs of the 
 20.26  department of natural resources for specific aspects of water 
 20.27  management to the others.  The statewide plan must include: 
 20.28     (1) regulation of improvements and land development by 
 20.29  abutting landowners of the beds, banks, and shores of lakes, 
 20.30  streams, watercourses, and marshes by permit or otherwise to 
 20.31  preserve them for beneficial use; 
 20.32     (2) regulation of construction of improvements on and 
 20.33  prevention of encroachments in the flood plains of the rivers, 
 20.34  streams, lakes, and marshes of the state; 
 20.35     (3) reclamation or filling of wet and overflowed lands; 
 20.36     (4) repair, improvement, relocation, modification or 
 21.1   consolidation in whole or in part of previously established 
 21.2   public drainage systems within the state; 
 21.3      (5) preservation of wetland areas; 
 21.4      (6) management of game and fish resources as related to 
 21.5   water resources; 
 21.6      (7) control of water weeds; 
 21.7      (8) control or alleviation of damages by flood waters; 
 21.8      (9) alteration of stream channels for conveyance of surface 
 21.9   waters, navigation, and any other public purposes; 
 21.10     (10) diversion or changing of watercourses in whole or in 
 21.11  part; 
 21.12     (11) regulation of the flow of streams and conservation of 
 21.13  their waters; 
 21.14     (12) regulation of lake water levels; 
 21.15     (13) maintenance of water supply for municipal, domestic, 
 21.16  industrial, recreational, agricultural, aesthetic, wildlife, 
 21.17  fishery, or other public use; 
 21.18     (14) sanitation and public health and regulation of uses of 
 21.19  streams, ditches, or watercourses to dispose of waste and 
 21.20  maintain water quality; 
 21.21     (15) preventive or remedial measures to control or 
 21.22  alleviate land and soil erosion and siltation of affected 
 21.23  watercourses or bodies of water; 
 21.24     (16) regulation of uses of water surfaces; and 
 21.25     (17) identification of high priority regions for wetland 
 21.26  preservation, enhancement, restoration, and establishment.  
 21.27     Sec. 21.  Minnesota Statutes 2000, section 103B.231, 
 21.28  subdivision 3a, is amended to read: 
 21.29     Subd. 3a.  [PRIORITY SCHEDULE.] (a) The board of water and 
 21.30  soil resources in consultation with the state review agencies 
 21.31  ~~and the metropolitan council~~ shall develop a priority schedule 
 21.32  for the revision of plans required under this chapter. 
 21.33     (b) The prioritization should be based on but not be 
 21.34  limited to status of current plan, scheduled revision dates, 
 21.35  anticipated growth and development, existing and potential 
 21.36  problems, and regional water quality goals and priorities. 
 22.1      (c) The schedule will be used by the board of water and 
 22.2   soil resources in consultation with the state review agencies 
 22.3   ~~and the metropolitan council~~ to direct watershed management 
 22.4   organizations of when they will be required to revise their 
 22.5   plans. 
 22.6      (d) Upon notification from the board of water and soil 
 22.7   resources that a revision of a plan is required, a watershed 
 22.8   management organization shall have 24 months from the date of 
 22.9   notification to revise and submit a plan for review. 
 22.10     (e) In the event that a plan expires prior to notification 
 22.11  from the board of water and soil resources under this section, 
 22.12  the existing plan, authorities, and official controls of a 
 22.13  watershed management organization shall remain in full force and 
 22.14  effect until a revision is approved. 
 22.15     (f) A one-year extension to submit a revised plan may be 
 22.16  granted by the board. 
 22.17     (g) Watershed management organizations submitting plans and 
 22.18  draft plan amendments for review prior to the board's priority 
 22.19  review schedule, may proceed to adopt and implement the plan 
 22.20  revisions without formal board approval if the board fails to 
 22.21  adjust its priority review schedule for plan review, and 
 22.22  commence its statutory review process within 45 days of 
 22.23  submittal of the plan revision or amendment. 
 22.24     Sec. 22.  Minnesota Statutes 2000, section 103B.231, 
 22.25  subdivision 7, is amended to read: 
 22.26     Subd. 7.  [REVIEW OF THE DRAFT PLAN.] (a) Upon completion 
 22.27  of the plan but before final adoption by the organization, the 
 22.28  organization must submit the draft plan for a 60-day review and 
 22.29  comment period to all counties, ~~the metropolitan council,~~ the 
 22.30  state review agencies, the board of water and soil resources, 
 22.31  soil and water conservation districts, towns, and statutory and 
 22.32  home rule charter cities having territory within the watershed.  
 22.33  A local government unit that expects that substantial amendment 
 22.34  of its local comprehensive plan will be necessary to bring local 
 22.35  water management into conformance with the watershed plan must 
 22.36  describe as specifically as possible, within its comments, the 
 23.1   amendments to the local plan that it expects will be necessary.  
 23.2   If the county has a groundwater plan, the county must review and 
 23.3   comment on the consistency of the watershed plan with the county 
 23.4   groundwater plan.  Differences among local governmental agencies 
 23.5   regarding the plan must be mediated.  ~~Notwithstanding sections~~ 
 23.6   ~~103D.401, 103D.405, and 473.165, the council shall review the~~ 
 23.7   ~~plan in the same manner and with the same authority and effect~~ 
 23.8   ~~as provided for the council's review of the comprehensive plans~~ 
 23.9   ~~of local government units under section 473.175.  The council~~ 
 23.10  ~~shall comment on the apparent conformity with metropolitan~~ 
 23.11  ~~system plans of any anticipated amendments to local~~ 
 23.12  ~~comprehensive plans.  The council shall advise the board of~~ 
 23.13  ~~water and soil resources on whether the plan conforms with the~~ 
 23.14  ~~management objectives and target pollution loads stated in the~~ 
 23.15  ~~council's water resources plan and shall recommend changes in~~ 
 23.16  ~~the plan that would satisfy the council's plan.~~ 
 23.17     (b) The watershed management organization must respond in 
 23.18  writing to any concerns expressed by the review agencies within 
 23.19  30 days of receipt thereof. 
 23.20     (c) The watershed management organization must hold a 
 23.21  public hearing on the draft plan no sooner than 30 days and no 
 23.22  later than 45 days after the 60-day review period of the draft 
 23.23  plan.  The board or boards of the affected counties shall 
 23.24  approve or disapprove projects in the capital improvement 
 23.25  program which may require the provision of county funds pursuant 
 23.26  to section 103B.251 or 103D.901, subdivision 2.  Each county has 
 23.27  up until the date of the public hearing on the draft plan to 
 23.28  complete its review of the capital improvement program.  If the 
 23.29  county fails to complete its review within the prescribed 
 23.30  period, unless an extension is agreed to by the organization the 
 23.31  program shall be deemed approved.  If the watershed extends into 
 23.32  more than one county and one or more counties disapprove of all 
 23.33  or part of a capital improvement program while the other county 
 23.34  or counties approve, the program shall be submitted to the board 
 23.35  of water and soil resources for review pursuant to subdivision 9.
 23.36     Sec. 23.  Minnesota Statutes 2000, section 103B.231, 
 24.1   subdivision 8, is amended to read: 
 24.2      Subd. 8.  [REVIEW BY ~~METROPOLITAN COUNCIL AND~~ STATE REVIEW 
 24.3   AGENCIES.] After completion of the review under subdivision 7, 
 24.4   the draft plan, any amendments thereto, all written comments 
 24.5   received on the plan, a record of the public hearing, and a 
 24.6   summary of changes incorporated as a result of the review 
 24.7   process shall be submitted to ~~the metropolitan council,~~ the 
 24.8   state review agencies, and the board of water and soil resources 
 24.9   for final review.  The state review agencies shall review and 
 24.10  comment on the consistency of the plan with state laws and rules 
 24.11  relating to water and related land resources.  The state review 
 24.12  agencies shall forward their comments within 45 days after they 
 24.13  receive the final review draft of the plan to the board.  A 
 24.14  state review agency may request and receive up to a 30-day 
 24.15  extension of this review period from the board. 
 24.16     Sec. 24.  Minnesota Statutes 2000, section 103B.231, 
 24.17  subdivision 11, is amended to read: 
 24.18     Subd. 11.  [AMENDMENTS.] To the extent and in the manner 
 24.19  required by the adopted plan, all amendments to the adopted plan 
 24.20  shall be submitted to the towns, cities, county, ~~the~~ 
 24.21  ~~metropolitan council,~~ the state review agencies, and the board 
 24.22  of water and soil resources for review in accordance with the 
 24.23  provisions of subdivisions 7, 8, and 9.  Amendments necessary to 
 24.24  revise the plan to be consistent with the county groundwater 
 24.25  plan, as required by subdivision 4, must be submitted for review 
 24.26  in accordance with subdivisions 7, 8, and 9.  Minor amendments 
 24.27  to a plan shall be reviewed in accordance with standards 
 24.28  prescribed in the watershed management plan.  
 24.29     Sec. 25.  Minnesota Statutes 2000, section 103B.235, 
 24.30  subdivision 3, is amended to read: 
 24.31     Subd. 3.  [REVIEW.] After consideration but before adoption 
 24.32  by the governing body, each local unit shall submit its water 
 24.33  management plan to the watershed management organization for 
 24.34  review for consistency with the watershed plan adopted pursuant 
 24.35  to section 103B.231.  If the county or counties having territory 
 24.36  within the local unit have a state-approved and locally adopted 
 25.1   groundwater plan, the local unit shall submit its plan to the 
 25.2   county or counties for review.  The county or counties have 45 
 25.3   days to review and comment on the plan.  The organization shall 
 25.4   approve or disapprove the local plan or parts of the plan.  The 
 25.5   organization shall have 60 days to complete its review~~;~~ 
 25.6   ~~provided, however, that the watershed management organization~~ 
 25.7   ~~shall, as part of its review, take into account the comments~~ 
 25.8   ~~submitted to it by the metropolitan council pursuant to~~ 
 25.9   ~~subdivision 3a~~.  If the organization fails to complete its 
 25.10  review within the prescribed period, the local plan shall be 
 25.11  deemed approved unless an extension is agreed to by the local 
 25.12  unit.  
 25.13     Sec. 26.  Minnesota Statutes 2000, section 103B.255, 
 25.14  subdivision 8, is amended to read: 
 25.15     Subd. 8.  [REVIEW OF THE DRAFT PLAN.] (a) Upon completion 
 25.16  of the groundwater plan but before final adoption by the county, 
 25.17  the county shall submit the draft plan for a 60-day review and 
 25.18  comment period to adjoining counties, ~~the metropolitan council,~~ 
 25.19  the state review agencies, the board of water and soil 
 25.20  resources, each soil and water conservation district, town, 
 25.21  statutory and home rule charter city, and watershed management 
 25.22  organization having territory within the county.  The county 
 25.23  also shall submit the plan to any other county or watershed 
 25.24  management organization or district in the affected groundwater 
 25.25  system that could affect or be affected by implementation of the 
 25.26  plan.  Any political subdivision or watershed management 
 25.27  organization that expects that substantial amendment of its 
 25.28  plans would be necessary in order to bring them into conformance 
 25.29  with the county groundwater plan shall describe as specifically 
 25.30  as possible, within its comments, the amendments that it expects 
 25.31  would be necessary and the cost of amendment and 
 25.32  implementation.  Reviewing entities have 60 days to review and 
 25.33  comment.  Differences among local governmental agencies 
 25.34  regarding the plan must be mediated.  ~~Notwithstanding sections~~ 
 25.35  ~~103D.401, 103D.405, and 473.165, the council shall review the~~ 
 25.36  ~~plan in the same manner and with the same authority and effect~~ 
 26.1   ~~as provided in section 473.175 for review of the comprehensive~~ 
 26.2   ~~plans of local government units.  The council shall comment on~~ 
 26.3   ~~the apparent conformity with metropolitan system plans of any~~ 
 26.4   ~~anticipated amendments to watershed plans and local~~ 
 26.5   ~~comprehensive plans.  The council shall advise the board of~~ 
 26.6   ~~water and soil resources on whether the plan conforms with the~~ 
 26.7   ~~management objectives stated in the council's water resources~~ 
 26.8   ~~plan and shall recommend changes in the plan that would satisfy~~ 
 26.9   ~~the council's plan.~~ 
 26.10     (b) The county must respond in writing to any concerns 
 26.11  expressed by the reviewing agencies within 30 days of receipt 
 26.12  thereof. 
 26.13     (c) The county shall hold a public hearing on the draft 
 26.14  plan no sooner than 30 days and no later than 45 days after the 
 26.15  60-day review period of the draft plan. 
 26.16     Sec. 27.  Minnesota Statutes 2000, section 103B.255, 
 26.17  subdivision 9, is amended to read: 
 26.18     Subd. 9.  [REVIEW BY ~~METROPOLITAN COUNCIL AND~~ STATE 
 26.19  AGENCIES.] After completion of the review under subdivision 8, 
 26.20  the draft plan, any amendments thereto, all written comments 
 26.21  received on the plan, a record of the public hearing, and a 
 26.22  summary of changes incorporated as part of the review process 
 26.23  must be submitted to ~~the metropolitan council,~~ the state review 
 26.24  agencies, and the board of water and soil resources for final 
 26.25  review.  The state review agencies shall review and comment on 
 26.26  the consistency of the plan with state laws and rules relating 
 26.27  to water and related land resources.  The state review agencies 
 26.28  shall forward their comments to the board within 45 days after 
 26.29  they receive the final review draft of the plan.  A state review 
 26.30  agency may request and receive up to a 30-day extension of this 
 26.31  review period from the board. 
 26.32     Sec. 28.  Minnesota Statutes 2000, section 103B.255, 
 26.33  subdivision 12, is amended to read: 
 26.34     Subd. 12.  [AMENDMENTS.] To the extent and in the manner 
 26.35  required by the adopted plan, all amendments to the adopted plan 
 26.36  must be submitted to the towns, cities, counties, ~~the~~ 
 27.1   ~~metropolitan council,~~ the state review agencies, and the board 
 27.2   of water and soil resources for review in accordance with the 
 27.3   provisions of subdivisions 8 to 10.  
 27.4      Sec. 29.  Minnesota Statutes 2000, section 103D.401, 
 27.5   subdivision 1, is amended to read: 
 27.6      Subdivision 1.  [CONTENTS.] (a) The managers must adopt a 
 27.7   watershed management plan for any or all of the purposes for 
 27.8   which a watershed district may be established.  The watershed 
 27.9   management plan must give a narrative description of existing 
 27.10  water and water-related problems within the watershed district, 
 27.11  possible solutions to the problems, and the general objectives 
 27.12  of the watershed district.  The watershed management plan must 
 27.13  also conform closely with watershed management plan guidelines 
 27.14  as adopted and amended from time to time by the board of water 
 27.15  and soil resources.  
 27.16     (b) The watershed management plan may include a separate 
 27.17  section on proposed projects.  ~~If the watershed district is~~ 
 27.18  ~~within the metropolitan area, the separate section of proposed~~ 
 27.19  ~~projects or petitions for projects to be undertaken according to~~ 
 27.20  ~~the watershed management plan is a comprehensive plan of the~~ 
 27.21  ~~watershed district for purposes of review by the metropolitan~~ 
 27.22  ~~council under section 473.165.~~  
 27.23     Sec. 30.  Minnesota Statutes 2000, section 103D.401, 
 27.24  subdivision 2, is amended to read: 
 27.25     Subd. 2.  [REVIEW.] The managers must send a copy of the 
 27.26  proposed watershed management plan to the county auditor of each 
 27.27  county affected by the watershed district, the board, the 
 27.28  commissioner, the director, the governing body of each 
 27.29  municipality affected by the watershed district, and soil and 
 27.30  water conservation districts affected by the watershed 
 27.31  district.  ~~For a watershed district within the metropolitan~~ 
 27.32  ~~area, a copy of the proposed watershed management plan must also~~ 
 27.33  ~~be submitted to the metropolitan council.~~  
 27.34     Sec. 31.  Minnesota Statutes 2000, section 103D.401, 
 27.35  subdivision 3, is amended to read: 
 27.36     Subd. 3.  [DIRECTOR'S ~~AND METROPOLITAN COUNCIL'S~~ 
 28.1   RECOMMENDATIONS.] After receiving the watershed management plan, 
 28.2   the director ~~and the metropolitan council~~ must review and make 
 28.3   recommendations on the watershed management plan.  By 60 days 
 28.4   after receiving the plan, the director ~~and the metropolitan~~ 
 28.5   ~~council~~ must send ~~their~~ recommendations on the watershed 
 28.6   management plan to the board and a copy to the managers of the 
 28.7   watershed district, the county auditor of each county affected 
 28.8   by the watershed district, the governing bodies of all 
 28.9   municipalities affected by the watershed district, and soil and 
 28.10  water conservation districts affected by the watershed 
 28.11  district.  The board may extend the period for review and 
 28.12  transmittal of the recommendations.  
 28.13     Sec. 32.  Minnesota Statutes 2000, section 103D.401, 
 28.14  subdivision 4, is amended to read: 
 28.15     Subd. 4.  [HEARING NOTICE.] (a) The board must give notice 
 28.16  and hold a watershed management plan hearing on the proposed 
 28.17  watershed management plan by 45 days after receiving the 
 28.18  director's ~~and metropolitan council's~~ recommendations.  
 28.19     (b) The board must give notice of the watershed management 
 28.20  plan hearing by publication in a legal newspaper that is 
 28.21  published in counties affected by the watershed district.  The 
 28.22  last publication must occur at least ten days before the 
 28.23  watershed management plan hearing. 
 28.24     (c) The board must give notice of the watershed management 
 28.25  plan hearing by mail to the auditors of counties and to the 
 28.26  chief executive officials of municipalities affected by the 
 28.27  watershed district.  
 28.28     (d) The notice must include: 
 28.29     (1) a statement that a copy of the proposed watershed 
 28.30  management plan has been filed with the board, ~~the metropolitan~~ 
 28.31  ~~council, where applicable,~~ the auditors of counties affected by 
 28.32  the proposed watershed district, the commissioner, the director, 
 28.33  the governing body of each municipality affected by the 
 28.34  watershed district, and the soil and water conservation 
 28.35  districts affected by the watershed district; 
 28.36     (2) a general description of the purpose of the watershed 
 29.1   district; 
 29.2      (3) a general description of the property included in the 
 29.3   watershed district; 
 29.4      (4) a general description of the proposed watershed 
 29.5   management plan; 
 29.6      (5) the date, time, and location of the hearing; and 
 29.7      (6) a statement that all persons affected or interested in 
 29.8   the watershed district may attend and give statements at the 
 29.9   watershed management plan hearing.  
 29.10     Sec. 33.  Minnesota Statutes 2000, section 103D.401, 
 29.11  subdivision 5, is amended to read: 
 29.12     Subd. 5.  [BOARD APPROVAL.] After the watershed management 
 29.13  plan hearing, the board must, by order, prescribe and approve a 
 29.14  watershed management plan for the watershed district.  The board 
 29.15  must send a copy of the order and approved watershed management 
 29.16  plan to the managers, the county board of each county affected 
 29.17  by the watershed district, the commissioner, the director, ~~the~~ 
 29.18  ~~metropolitan council, where applicable,~~ the governing body of 
 29.19  each municipality affected by the watershed district, and soil 
 29.20  and water conservation districts affected by the watershed 
 29.21  district.  The watershed management plan approved by the board 
 29.22  is the watershed management plan for the watershed district.  
 29.23     Sec. 34.  Minnesota Statutes 2000, section 103D.405, 
 29.24  subdivision 3, is amended to read: 
 29.25     Subd. 3.  [REVIEW.] The managers must send a copy of the 
 29.26  revised watershed management plan to the board, the county board 
 29.27  and county auditor of each county affected by the watershed 
 29.28  district, the director, the governing body of each municipality 
 29.29  affected by the watershed district, and soil and water 
 29.30  conservation districts affected by the watershed district~~, and~~ 
 29.31  ~~the metropolitan council, if the watershed district is within~~ 
 29.32  ~~the metropolitan area~~.  
 29.33     Sec. 35.  Minnesota Statutes 2000, section 103D.405, 
 29.34  subdivision 4, is amended to read: 
 29.35     Subd. 4.  [DIRECTOR'S ~~AND METROPOLITAN COUNCIL'S~~ 
 29.36  RECOMMENDATIONS.] The director ~~and the metropolitan council, if~~ 
 30.1   ~~applicable,~~ must review and make recommendations on the revised 
 30.2   watershed management plan.  By 60 days after receiving the 
 30.3   revised watershed management plan unless the time is extended by 
 30.4   the board, the director ~~and the council~~ must send the 
 30.5   recommendations on the revised watershed management plan to the 
 30.6   board, and a copy of the recommendations to the managers, the 
 30.7   county auditor of each county affected by the watershed 
 30.8   district, the governing body of each municipality affected by 
 30.9   the watershed district, and soil and water conservation 
 30.10  districts affected by the watershed district.  
 30.11     Sec. 36.  Minnesota Statutes 2000, section 103D.405, 
 30.12  subdivision 5, is amended to read: 
 30.13     Subd. 5.  [NOTICE.] (a) The board must give notice and hold 
 30.14  a revised watershed management plan hearing on the proposed 
 30.15  revised watershed management plan by 45 days after receiving the 
 30.16  director's ~~and metropolitan council's~~ recommendation.  
 30.17     (b) The board must give notice of the revised watershed 
 30.18  management plan hearing by publication in a legal newspaper 
 30.19  published in counties affected by the watershed district.  The 
 30.20  last publication must occur at least ten days before the revised 
 30.21  watershed management plan hearing. 
 30.22     (c) The board must give notice of the revised watershed 
 30.23  management plan hearing by mail to the auditors of counties and 
 30.24  to the chief executive officials of municipalities affected by 
 30.25  the watershed district.  
 30.26     (d) The notice must include: 
 30.27     (1) a statement that a copy of the proposed revised 
 30.28  watershed management plan has been filed with the board, ~~the~~ 
 30.29  ~~metropolitan council, where applicable,~~ the auditors of counties 
 30.30  affected by the proposed watershed district, the commissioner, 
 30.31  the director, the governing body of each municipality affected 
 30.32  by the watershed district, and the soil and water conservation 
 30.33  districts affected by the watershed district; 
 30.34     (2) a general description of the purpose of the watershed 
 30.35  district; 
 30.36     (3) a general description of the property included in the 
 31.1   watershed district; 
 31.2      (4) a general description of the proposed revised watershed 
 31.3   management plan; 
 31.4      (5) the date, time, and location of the hearing; and 
 31.5      (6) a statement that all persons affected or interested in 
 31.6   the watershed district may attend and give statements at the 
 31.7   revised watershed management plan hearing.  
 31.8      Sec. 37.  Minnesota Statutes 2000, section 103D.405, 
 31.9   subdivision 6, is amended to read: 
 31.10     Subd. 6.  [BOARD ORDER.] After the revised watershed 
 31.11  management plan hearing, the board must prescribe a revised 
 31.12  watershed management plan for the watershed district.  The board 
 31.13  must send a copy of the order and approved revised watershed 
 31.14  management plan to the managers, the county board of each county 
 31.15  affected by the watershed district, the commissioner, the 
 31.16  director, ~~the metropolitan council, where applicable,~~ and soil 
 31.17  and water conservation districts affected by the watershed 
 31.18  district.  The revised watershed management plan approved by the 
 31.19  board is the revised watershed management plan for the watershed 
 31.20  district.  
 31.21     Sec. 38.  Minnesota Statutes 2000, section 103F.715, is 
 31.22  amended to read: 
 31.23     103F.715 [CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.] 
 31.24     A clean water partnership program is established as 
 31.25  provided in sections 103F.701 to 103F.761.  The agency shall 
 31.26  administer the program in accordance with these sections.  As a 
 31.27  basis for the program, the agency ~~and the metropolitan council~~ 
 31.28  shall conduct an assessment of waters in accordance with section 
 31.29  103F.721.  The agency shall then provide financial and technical 
 31.30  assistance in accordance with section 103F.725 to local units of 
 31.31  government for projects in geographical areas that contribute to 
 31.32  surface or ground water flows.  The projects shall provide for 
 31.33  protection and improvement of surface and ground water from 
 31.34  nonpoint sources of water pollution.  
 31.35     Sec. 39.  Minnesota Statutes 2000, section 103F.721, is 
 31.36  amended to read: 
 32.1      103F.721 [STATEWIDE RESOURCE ASSESSMENT.] 
 32.2      The agency shall conduct an assessment of waters of the 
 32.3   state that have been polluted by nonpoint sources and of 
 32.4   geographical areas with waters of the state that have a high 
 32.5   potential for water pollution caused by nonpoint sources.  ~~The~~ 
 32.6   ~~metropolitan council shall conduct the assessment in the~~ 
 32.7   ~~metropolitan area, as defined in section 473.121, subdivision 2,~~ 
 32.8   ~~in cooperation with the agency.~~  
 32.9      Sec. 40.  Minnesota Statutes 2000, section 103F.761, 
 32.10  subdivision 1, is amended to read: 
 32.11     Subdivision 1.  [PROJECT COORDINATION TEAM; MEMBERSHIP.] 
 32.12  The commissioner shall establish and chair a project 
 32.13  coordination team made up of representatives of the pollution 
 32.14  control agency, department of natural resources, board of water 
 32.15  and soil resources, department of agriculture, department of 
 32.16  health, Minnesota extension service, University of Minnesota 
 32.17  agricultural experiment stations, United States Army Corps of 
 32.18  Engineers, United States Environmental Protection Agency, United 
 32.19  States Department of Agriculture Agricultural Stabilization and 
 32.20  Conservation Service, United States Department of Agriculture 
 32.21  Soil Conservation Service, ~~metropolitan council,~~ Association of 
 32.22  Minnesota Counties, League of Minnesota Cities, Minnesota 
 32.23  Association of Townships, and other agencies as the commissioner 
 32.24  may determine.  
 32.25     Sec. 41.  Minnesota Statutes 2000, section 103G.293, is 
 32.26  amended to read: 
 32.27     103G.293 [STATEWIDE DROUGHT PLAN.] 
 32.28     The commissioner shall establish a plan to respond to 
 32.29  drought-related emergencies and to prepare a statewide framework 
 32.30  for drought response.  ~~The plan must consider metropolitan water~~ 
 32.31  ~~supply plans of the metropolitan council prepared under section~~ 
 32.32  ~~473.156.~~  The plan must provide a framework for implementing 
 32.33  drought response actions in a staged approach related to 
 32.34  decreasing levels of flows.  Permits issued under section 
 32.35  103G.271 must provide conditions on water appropriation 
 32.36  consistent with the drought response plan established by this 
 33.1   section.  
 33.2      Sec. 42.  Minnesota Statutes 2000, section 114C.25, is 
 33.3   amended to read: 
 33.4      114C.25 [GREEN STAR AWARD.] 
 33.5      A regulated entity may display at a facility a "green star" 
 33.6   award designed by the commissioner if: 
 33.7      (1) the regulated entity qualifies for participation in the 
 33.8   environmental improvement program under section 114C.22; 
 33.9      (2) the scope of the regulated entity's audit examines the 
 33.10  facility's compliance with applicable environmental 
 33.11  requirements; 
 33.12     (3) the regulated entity certifies that all violations that 
 33.13  were identified in the audit of the facility were corrected 
 33.14  within 90 days or within the time specified in an approved 
 33.15  performance schedule or certifies that no violations were 
 33.16  identified in the audit; and 
 33.17     (4) at least two years have elapsed since the final 
 33.18  resolution of an enforcement action involving the regulated 
 33.19  entity.  
 33.20     After consulting with each other, however, the commissioner 
 33.21  or the county may issue an award if the enforcement action 
 33.22  resulted from minor violations.  ~~If the regulated entity is~~ 
 33.23  ~~located in a metropolitan county, the commissioner and the~~ 
 33.24  ~~county must also consult with the metropolitan council before~~ 
 33.25  ~~issuing a green star award.~~  
 33.26     The award may be displayed for a period of two years from 
 33.27  the time that the commissioner determines that the requirements 
 33.28  of this section have been met.  A facility submitting findings 
 33.29  from its environmental management system is not eligible to 
 33.30  receive an award unless the findings are part of an audit which 
 33.31  examines the facility's compliance with applicable environmental 
 33.32  requirements. 
 33.33     Sec. 43.  Minnesota Statutes 2000, section 115A.471, is 
 33.34  amended to read: 
 33.35     115A.471 [PUBLIC ENTITIES; MANAGEMENT OF SOLID WASTE.] 
 33.36     (a) Prior to entering into or approving a contract for the 
 34.1   management of mixed municipal solid waste which would manage the 
 34.2   waste using a waste management practice that is ranked lower on 
 34.3   the list of preferred waste management practices in section 
 34.4   115A.02, paragraph (b), than the waste management practice 
 34.5   selected for such waste in the county plan for the county in 
 34.6   which the waste was generated, a public entity must: 
 34.7      (1) determine the potential liability to the public entity 
 34.8   and its taxpayers for managing the waste in this manner; 
 34.9      (2) develop and implement a plan for managing the potential 
 34.10  liability; and 
 34.11     (3) submit the information from clauses (1) and (2) to the 
 34.12  agency. 
 34.13     (b) For the purpose of this subdivision, "public entity" 
 34.14  means the state; an office, agency, or institution of the state; 
 34.15  ~~the metropolitan council;~~ a metropolitan agency; ~~the~~ 
 34.16  ~~metropolitan mosquito control district;~~ the legislature; the 
 34.17  courts; a county; a statutory or home rule charter city; a town; 
 34.18  a school district; another special taxing district; or any other 
 34.19  general or special purpose unit of government in the state. 
 34.20     Sec. 44.  Minnesota Statutes 2000, section 115A.52, is 
 34.21  amended to read: 
 34.22     115A.52 [TECHNICAL ASSISTANCE FOR PROJECTS.] 
 34.23     The director shall ensure the delivery of technical 
 34.24  assistance for projects eligible under the program.  The 
 34.25  director may contract or issue grants for the delivery of 
 34.26  technical assistance by any state or federal agency, a regional 
 34.27  development commission, ~~the metropolitan council,~~ or private 
 34.28  consultants and may use program funds to reimburse the agency, 
 34.29  commission, ~~council,~~ or consultants.  The director shall prepare 
 34.30  and publish an inventory of sources of technical assistance, 
 34.31  including studies, publications, agencies, and persons 
 34.32  available.  The director shall ensure statewide benefit from 
 34.33  projects assisted under the program by developing exchange and 
 34.34  training programs for local officials and employees and by using 
 34.35  the experience gained in projects to provide technical 
 34.36  assistance and education for other solid waste management 
 35.1   projects in the state. 
 35.2      Sec. 45.  Minnesota Statutes 2000, section 116D.04, 
 35.3   subdivision 1a, is amended to read: 
 35.4      Subd. 1a.  For the purposes of this chapter, the following 
 35.5   terms have the meanings given to them in this subdivision.  
 35.6      (a) "Natural resources" has the meaning given it in section 
 35.7   116B.02, subdivision 4.  
 35.8      (b) "Pollution, impairment or destruction" has the meaning 
 35.9   given it in section 116B.02, subdivision 5.  
 35.10     (c) "Environmental assessment worksheet" means a brief 
 35.11  document which is designed to set out the basic facts necessary 
 35.12  to determine whether an environmental impact statement is 
 35.13  required for a proposed action.  
 35.14     (d) "Governmental action" means activities, including 
 35.15  projects wholly or partially conducted, permitted, assisted, 
 35.16  financed, regulated, or approved by units of government 
 35.17  including the federal government.  
 35.18     (e) "Governmental unit" means any state agency and any 
 35.19  general or special purpose unit of government in the state 
 35.20  including, but not limited to, watershed districts organized 
 35.21  under chapter 103D, counties, towns, cities, port authorities, 
 35.22  housing authorities, and economic development authorities 
 35.23  established under sections 469.090 to 469.108, but not including 
 35.24  courts, school districts, and regional development commissions 
 35.25  ~~other than the metropolitan council~~.  
 35.26     Sec. 46.  Minnesota Statutes 2000, section 116G.03, 
 35.27  subdivision 5, is amended to read: 
 35.28     Subd. 5.  "Regional development commission" means any 
 35.29  regional development commission created pursuant to sections 
 35.30  462.381 to 462.396 ~~and the metropolitan council created by~~ 
 35.31  ~~chapter 473~~.  
 35.32     Sec. 47.  Minnesota Statutes 2000, section 116G.15, is 
 35.33  amended to read: 
 35.34     116G.15 [MISSISSIPPI RIVER CRITICAL AREA.] 
 35.35     (a) The federal Mississippi National River and Recreation 
 35.36  Area established pursuant to United States Code, title 16, 
 36.1   section 460zz-2(k), is designated an area of critical concern in 
 36.2   accordance with this chapter.  The governor shall review the 
 36.3   existing Mississippi river critical area plan and specify any 
 36.4   additional standards and guidelines to affected communities in 
 36.5   accordance with section 116G.06, subdivision 2, paragraph (b), 
 36.6   clauses (3) and (4), needed to insure preservation of the area 
 36.7   pending the completion of the federal plan. 
 36.8      The results of an environmental impact statement prepared 
 36.9   under chapter 116D begun before and completed after July 1, 
 36.10  1994, for a proposed project that is located in the Mississippi 
 36.11  river critical area north of the United States Army Corps of 
 36.12  Engineers Lock and Dam Number One must be submitted in a report 
 36.13  to the chairs of the environment and natural resources policy 
 36.14  and finance committees of the house of representatives and the 
 36.15  senate prior to the issuance of any state or local permits and 
 36.16  the authorization for an issuance of any bonds for the project.  
 36.17  A report made under this paragraph shall be submitted by the 
 36.18  responsible governmental unit that prepared the environmental 
 36.19  impact statement, and must list alternatives to the project that 
 36.20  are determined by the environmental impact statement to be 
 36.21  economically less expensive and environmentally superior to the 
 36.22  proposed project and identify any legislative actions that may 
 36.23  assist in the implementation of environmentally superior 
 36.24  alternatives.  This paragraph does not apply to a proposed 
 36.25  project to be carried out by ~~the metropolitan council or~~ a 
 36.26  metropolitan agency as defined in section 473.121. 
 36.27     (b) If the results of an environmental impact statement 
 36.28  required to be submitted by paragraph (a) indicate that there is 
 36.29  an economically less expensive and environmentally superior 
 36.30  alternative, then no member agency of the environmental quality 
 36.31  board shall issue a permit for the facility that is the subject 
 36.32  of the environmental impact statement, other than an 
 36.33  economically less expensive and environmentally superior 
 36.34  alternative, nor shall any government bonds be issued for the 
 36.35  facility, other than an economically less expensive and 
 36.36  environmentally superior alternative, until after the 
 37.1   legislature has adjourned its regular session sine die in 1996. 
 37.2      Sec. 48.  Minnesota Statutes 2000, section 116J.401, is 
 37.3   amended to read: 
 37.4      116J.401 [POWERS AND DUTIES.] 
 37.5      The commissioner of trade and economic development shall:  
 37.6      (1) provide regional development commissions~~, the~~ 
 37.7   ~~metropolitan council,~~ and units of local government with 
 37.8   information, technical assistance, training, and advice on using 
 37.9   federal and state programs; 
 37.10     (2) receive and administer the Small Cities Community 
 37.11  Development Block Grant Program authorized by Congress under the 
 37.12  Housing and Community Development Act of 1974, as amended; 
 37.13     (3) receive and administer the section 107 technical 
 37.14  assistance program grants authorized by Congress under the 
 37.15  Housing and Community Development Act of 1974, as amended; 
 37.16     (4) receive and administer grants for the Minnesota jail 
 37.17  resource center authorized by Congress under the Juvenile 
 37.18  Justice and Delinquency Prevention Act of 1974, as amended; 
 37.19     (5) receive and administer other state and federal grants 
 37.20  and grant programs for planning, community affairs, community 
 37.21  development purposes, and other state and federal programs 
 37.22  assigned to the department by law or by the governor in 
 37.23  accordance with section 4.07; and 
 37.24     (6) receive applications for state and federal grants and 
 37.25  grant programs for planning, community affairs, and community 
 37.26  development purposes, and other state and federal programs 
 37.27  assigned to the department by law or by the governor in 
 37.28  accordance with section 4.07.  
 37.29     Sec. 49.  Minnesota Statutes 2000, section 116J.402, is 
 37.30  amended to read: 
 37.31     116J.402 [COOPERATIVE CONTRACTS.] 
 37.32     The commissioner of trade and economic development may 
 37.33  apply for, receive, and spend money for community development 
 37.34  from municipal, county, regional, and other planning agencies. 
 37.35  The commissioner may also apply for, accept, and disburse grants 
 37.36  and other aids for community development and related planning 
 38.1   from the federal government and other sources.  The commissioner 
 38.2   may enter into contracts with agencies of the federal 
 38.3   government, local governmental units, regional development 
 38.4   commissions, ~~and the metropolitan council,~~ other state agencies, 
 38.5   the University of Minnesota, and other educational institutions, 
 38.6   and private persons as necessary to perform the commissioner's 
 38.7   duties.  Contracts made according to this section, except those 
 38.8   with private persons, are not subject to the provisions of 
 38.9   chapter 16C concerning competitive bidding.  
 38.10     The commissioner may apply for, receive, and spend money 
 38.11  made available from federal sources or other sources for the 
 38.12  purposes of carrying out the duties and responsibilities of the 
 38.13  commissioner.  
 38.14     Money received by the commissioner under this section must 
 38.15  be deposited in the state treasury and is appropriated to the 
 38.16  commissioner for the purposes for which the money has been 
 38.17  received.  The money does not cancel and is available until 
 38.18  spent.  
 38.19     Sec. 50.  Minnesota Statutes 2000, section 116J.565, 
 38.20  subdivision 1, is amended to read: 
 38.21     Subdivision 1.  [CHARACTERISTICS.] (a) If applications for 
 38.22  grants exceed the available appropriations, grants shall be made 
 38.23  for sites that, in the commissioner's judgment, provide the 
 38.24  highest return in public benefits for the public costs 
 38.25  incurred.  In making this judgment, the commissioner shall give 
 38.26  priority to redevelopment projects with one or more of the 
 38.27  following characteristics: 
 38.28     (1) the need for redevelopment in conjunction with 
 38.29  contamination remediation needs; 
 38.30     (2) the redevelopment project meets current tax increment 
 38.31  financing requirements for a redevelopment district and tax 
 38.32  increments will contribute to the project; 
 38.33     (3) the redevelopment potential within the municipality; 
 38.34     (4) proximity to public transit if located in the 
 38.35  metropolitan area; and 
 38.36     (5) multijurisdictional projects that take into account the 
 39.1   need for affordable housing, transportation, and environmental 
 39.2   impact. 
 39.3      (b) The factors in paragraph (a), clauses (1) to (5), are 
 39.4   not listed in a rank order of priority; rather the commissioner 
 39.5   may weigh each factor, depending upon the facts and 
 39.6   circumstances, as the commissioner considers appropriate.  The 
 39.7   commissioner may consider other factors that affect the net 
 39.8   return of public benefits for completion of the redevelopment 
 39.9   plan.  The commissioner, notwithstanding the listing of 
 39.10  priorities and the goal of maximizing the return of public 
 39.11  benefits, shall make grants that distribute available money to 
 39.12  sites both within and outside of the metropolitan area.  The 
 39.13  commissioner shall provide a written statement of the supporting 
 39.14  reasons for each grant.  Unless sufficient applications are not 
 39.15  received for qualifying sites outside of the metropolitan area, 
 39.16  at least 25 percent of the money provided as grants must be made 
 39.17  for sites located outside of the metropolitan area.  ~~The~~ 
 39.18  ~~commissioner shall consult with the metropolitan council about~~ 
 39.19  ~~metropolitan area grants.~~ 
 39.20     Sec. 51.  Minnesota Statutes 2000, section 116M.14, 
 39.21  subdivision 4, is amended to read: 
 39.22     Subd. 4.  [LOW-INCOME AREA.] "Low-income area" means 
 39.23  Minneapolis, St. Paul, and inner ring suburbs ~~as defined by the~~ 
 39.24  ~~metropolitan council~~ that had a median household income below 
 39.25  $31,000 as reported in the 1990 census. 
 39.26     Sec. 52.  Minnesota Statutes 2000, section 116M.15, 
 39.27  subdivision 1, is amended to read: 
 39.28     Subdivision 1.  [CREATION; MEMBERSHIP.] The urban 
 39.29  initiative board is created and consists of the commissioners of 
 39.30  trade and economic development and economic security~~, the chair~~ 
 39.31  ~~of the metropolitan council,~~ and ~~eight~~ nine members from the 
 39.32  general public appointed by the governor.  Six of the public 
 39.33  members must be representatives from minority business 
 39.34  enterprises.  No more than ~~four~~ five of the public members may 
 39.35  be of one gender.  All public members must be experienced in 
 39.36  business or economic development. 
 40.1      Sec. 53.  Minnesota Statutes 2000, section 124D.892, 
 40.2   subdivision 1, is amended to read: 
 40.3      Subdivision 1.  [ESTABLISHMENT.] (a) An office of 
 40.4   desegregation/integration is established in the department of 
 40.5   children, families, and learning to coordinate and support 
 40.6   activities related to student enrollment, student and staff 
 40.7   recruitment and retention, transportation, and interdistrict 
 40.8   cooperation among metropolitan school districts.  
 40.9      (b) At the request of a metropolitan school district 
 40.10  involved in cooperative desegregation/integration efforts, the 
 40.11  office shall perform any of the following activities: 
 40.12     (1) assist districts with interdistrict student transfers, 
 40.13  including student recruitment, counseling, placement, and 
 40.14  transportation; 
 40.15     (2) coordinate and disseminate information about schools 
 40.16  and programs; 
 40.17     (3) assist districts with new magnet schools and programs; 
 40.18     (4) assist districts in providing staff development and 
 40.19  in-service training; and 
 40.20     (5) coordinate and administer staff exchanges. 
 40.21     (c) The office shall collect data on the efficacy of 
 40.22  districts' desegregation/integration efforts and make 
 40.23  recommendations based on the data.  ~~The office shall~~ 
 40.24  ~~periodically consult with the metropolitan council to coordinate~~ 
 40.25  ~~school desegregation/integration efforts with the housing,~~ 
 40.26  ~~social, economic, and infrastructure needs of the metropolitan~~ 
 40.27  ~~area.~~  The office shall develop a process for resolving 
 40.28  students' disputes and grievances about student transfers under 
 40.29  a desegregation/integration plan.  
 40.30     Sec. 54.  Minnesota Statutes 2000, section 134.201, 
 40.31  subdivision 5, is amended to read: 
 40.32     Subd. 5.  [GENERAL LEVY AUTHORITY.] The board may levy for 
 40.33  operation of public library service.  This levy shall replace 
 40.34  levies for operation of public library service by cities and 
 40.35  counties authorized in section 134.07.  The amount levied shall 
 40.36  be spread on the net tax capacity of all taxable property in the 
 41.1   district at a uniform tax rate.  
 41.2      (a) The maximum amount that may be levied by a board under 
 41.3   this section is the greater of:  
 41.4      (1) the statewide average local support per capita for 
 41.5   public library services for the most recent reporting period 
 41.6   available, as certified by the commissioner of children, 
 41.7   families, and learning, multiplied by the population of the 
 41.8   district according to the most recent estimate of the state 
 41.9   demographer ~~or the metropolitan council~~; or 
 41.10     (2) the total amount provided by participating counties and 
 41.11  cities under section 134.34, subdivision 4, during the year 
 41.12  preceding the first year of operation. 
 41.13     (b) For its first year of operation, the board shall levy 
 41.14  an amount not less than the total dollar amount provided by 
 41.15  participating cities and counties during the preceding year 
 41.16  under section 134.34, subdivision 4. 
 41.17     Sec. 55.  Minnesota Statutes 2000, section 145A.02, 
 41.18  subdivision 16, is amended to read: 
 41.19     Subd. 16.  [POPULATION.] "Population" means the total 
 41.20  number of residents of the state or any city or county as 
 41.21  established by the last federal census, by a special census 
 41.22  taken by the United States Bureau of the Census~~,~~ or by the state 
 41.23  demographer under section 4A.02, ~~or by an estimate of city~~ 
 41.24  ~~population prepared by the metropolitan council,~~ whichever is 
 41.25  the most recent as to the stated date of count or estimate. 
 41.26     Sec. 56.  Minnesota Statutes 2000, section 145A.09, 
 41.27  subdivision 6, is amended to read: 
 41.28     Subd. 6.  [BOUNDARIES OF COMMUNITY HEALTH SERVICE AREAS.] 
 41.29  The community health service area of a multicounty or multicity 
 41.30  community health board must be within a region designated under 
 41.31  sections 462.381 to 462.398, unless this condition is waived by 
 41.32  the commissioner with the approval of the regional development 
 41.33  commission directly involved ~~or the metropolitan council~~, if 
 41.34  appropriate.  In a region without a regional development 
 41.35  commission, the commissioner of trade and economic development 
 41.36  shall act in place of the regional development commission. 
 42.1      Sec. 57.  Minnesota Statutes 2000, section 240.06, 
 42.2   subdivision 2, is amended to read: 
 42.3      Subd. 2.  [HEARINGS.] Before granting a class A license the 
 42.4   commission shall conduct one or more public hearings in the area 
 42.5   where the racetrack is or will be located.  The commission shall 
 42.6   also request comments on the application from the city council 
 42.7   or town board of the city or town where the track is or will be 
 42.8   located, or from the county board if it is to be located outside 
 42.9   a city or town and from the appropriate regional development 
 42.10  commission ~~or the metropolitan council, as the case may be~~.  
 42.11     Sec. 58.  Minnesota Statutes 2000, section 270.12, 
 42.12  subdivision 3, is amended to read: 
 42.13     Subd. 3.  [JURISDICTIONS IN TWO OR MORE COUNTIES.] When a 
 42.14  taxing jurisdiction lies in two or more counties, if the sales 
 42.15  ratio studies prepared by the department of revenue show that 
 42.16  the average levels of assessment in the several portions of the 
 42.17  taxing jurisdictions in the different counties differ by more 
 42.18  than five percent, the board may order the apportionment of the 
 42.19  levy.  When the sales ratio studies prepared by the department 
 42.20  of revenue show that the average levels of assessment in the 
 42.21  several portions of the taxing jurisdictions in the different 
 42.22  counties differ by more than ten percent, the board shall order 
 42.23  the apportionment of the levy unless (a) the proportion of total 
 42.24  adjusted gross tax capacity in one of the counties is less than 
 42.25  ten percent of the total adjusted gross tax capacity in the 
 42.26  taxing jurisdiction and the average level of assessment in that 
 42.27  portion of the taxing jurisdiction is the level which differs by 
 42.28  more than five percent from the assessment level in any one of 
 42.29  the other portions of the taxing jurisdiction; (b) significant 
 42.30  changes have been made in the level of assessment in the taxing 
 42.31  jurisdiction which have not been reflected in the sales ratio 
 42.32  study, and those changes alter the assessment levels in the 
 42.33  portions of the taxing jurisdiction so that the assessment level 
 42.34  now differs by five percent or less; or (c) commercial, 
 42.35  industrial, mineral, or public utility property predominates in 
 42.36  one county within the taxing jurisdiction and another class of 
 43.1   property predominates in another county within that same taxing 
 43.2   jurisdiction.  If one or more of these factors are present, the 
 43.3   board may order the apportionment of the levy.  
 43.4      Notwithstanding any other provision, the levy for the 
 43.5   metropolitan mosquito control district~~, metropolitan council,~~ 
 43.6   ~~metropolitan transit district, and metropolitan transit area~~ the 
 43.7   metropolitan waste control commission, and the levies authorized 
 43.8   by section 473.834, subdivision 2, and Minnesota Statutes 2000, 
 43.9   sections 473.325, 473.326, 473.39, 473.436, and 473.446 must be 
 43.10  apportioned without regard to the percentage difference. 
 43.11     If, pursuant to this subdivision, the board apportions the 
 43.12  levy, then that levy apportionment among the portions in the 
 43.13  different counties shall be made in the same proportion as the 
 43.14  adjusted gross tax capacity as determined by the commissioner in 
 43.15  each portion is to the total adjusted gross tax capacity of the 
 43.16  taxing jurisdiction. 
 43.17     For the purposes of this section, the average level of 
 43.18  assessment in a taxing jurisdiction or portion thereof shall be 
 43.19  the aggregate assessment sales ratio.  Gross tax capacities as 
 43.20  determined by the commissioner shall be the gross tax capacities 
 43.21  as determined for the year preceding the year in which the levy 
 43.22  to be apportioned is levied. 
 43.23     Actions pursuant to this subdivision shall be commenced 
 43.24  subsequent to the annual meeting on April 15 of the state board 
 43.25  of equalization, but notice of the action shall be given to the 
 43.26  affected jurisdiction and the appropriate county auditors by the 
 43.27  following June 30. 
 43.28     Apportionment of a levy pursuant to this subdivision shall 
 43.29  be considered as a remedy to be taken after equalization 
 43.30  pursuant to subdivision 2, and when equalization within the 
 43.31  jurisdiction would disturb equalization within other 
 43.32  jurisdictions of which the several portions of the jurisdiction 
 43.33  in question are a part. 
 43.34     Sec. 59.  Minnesota Statutes 2000, section 275.065, 
 43.35  subdivision 3, is amended to read: 
 43.36     Subd. 3.  [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The 
 44.1   county auditor shall prepare and the county treasurer shall 
 44.2   deliver after November 10 and on or before November 24 each 
 44.3   year, by first class mail to each taxpayer at the address listed 
 44.4   on the county's current year's assessment roll, a notice of 
 44.5   proposed property taxes.  
 44.6      (b) The commissioner of revenue shall prescribe the form of 
 44.7   the notice. 
 44.8      (c) The notice must inform taxpayers that it contains the 
 44.9   amount of property taxes each taxing authority proposes to 
 44.10  collect for taxes payable the following year.  In the case of a 
 44.11  town, or in the case of the state determined portion of the 
 44.12  school district levy, the final tax amount will be its proposed 
 44.13  tax.  The notice must clearly state that each taxing authority, 
 44.14  including regional library districts established under section 
 44.15  134.201, and including the metropolitan taxing districts as 
 44.16  defined in paragraph (i), but excluding all other special taxing 
 44.17  districts and towns, will hold a public meeting to receive 
 44.18  public testimony on the proposed budget and proposed or final 
 44.19  property tax levy, or, in case of a school district, on the 
 44.20  current budget and proposed property tax levy.  It must clearly 
 44.21  state the time and place of each taxing authority's meeting and 
 44.22  an address where comments will be received by mail.  
 44.23     (d) The notice must state for each parcel: 
 44.24     (1) the market value of the property as determined under 
 44.25  section 273.11, and used for computing property taxes payable in 
 44.26  the following year and for taxes payable in the current year as 
 44.27  each appears in the records of the county assessor on November 1 
 44.28  of the current year; and, in the case of residential property, 
 44.29  whether the property is classified as homestead or 
 44.30  nonhomestead.  The notice must clearly inform taxpayers of the 
 44.31  years to which the market values apply and that the values are 
 44.32  final values; 
 44.33     (2) the items listed below, shown separately by county, 
 44.34  city or town, state determined school tax net of the education 
 44.35  homestead credit under section 273.1382, voter approved school 
 44.36  levy, other local school levy, and the sum of the special taxing 
 45.1   districts, and as a total of all taxing authorities:  
 45.2      (i) the actual tax for taxes payable in the current year; 
 45.3      (ii) the tax change due to spending factors, defined as the 
 45.4   proposed tax minus the constant spending tax amount; 
 45.5      (iii) the tax change due to other factors, defined as the 
 45.6   constant spending tax amount minus the actual current year tax; 
 45.7   and 
 45.8      (iv) the proposed tax amount. 
 45.9      In the case of a town or the state determined school tax, 
 45.10  the final tax shall also be its proposed tax unless the town 
 45.11  changes its levy at a special town meeting under section 
 45.12  365.52.  If a school district has certified under section 
 45.13  126C.17, subdivision 9, that a referendum will be held in the 
 45.14  school district at the November general election, the county 
 45.15  auditor must note next to the school district's proposed amount 
 45.16  that a referendum is pending and that, if approved by the 
 45.17  voters, the tax amount may be higher than shown on the notice.  
 45.18  In the case of the city of Minneapolis, the levy for the 
 45.19  Minneapolis library board and the levy for Minneapolis park and 
 45.20  recreation shall be listed separately from the remaining amount 
 45.21  of the city's levy.  In the case of a parcel where tax increment 
 45.22  or the fiscal disparities areawide tax under chapter 276A or 
 45.23  473F applies, the proposed tax levy on the captured value or the 
 45.24  proposed tax levy on the tax capacity subject to the areawide 
 45.25  tax must each be stated separately and not included in the sum 
 45.26  of the special taxing districts; and 
 45.27     (3) the increase or decrease between the total taxes 
 45.28  payable in the current year and the total proposed taxes, 
 45.29  expressed as a percentage. 
 45.30     For purposes of this section, the amount of the tax on 
 45.31  homesteads qualifying under the senior citizens' property tax 
 45.32  deferral program under chapter 290B is the total amount of 
 45.33  property tax before subtraction of the deferred property tax 
 45.34  amount. 
 45.35     (e) The notice must clearly state that the proposed or 
 45.36  final taxes do not include the following: 
 46.1      (1) special assessments; 
 46.2      (2) levies approved by the voters after the date the 
 46.3   proposed taxes are certified, including bond referenda, school 
 46.4   district levy referenda, and levy limit increase referenda; 
 46.5      (3) amounts necessary to pay cleanup or other costs due to 
 46.6   a natural disaster occurring after the date the proposed taxes 
 46.7   are certified; 
 46.8      (4) amounts necessary to pay tort judgments against the 
 46.9   taxing authority that become final after the date the proposed 
 46.10  taxes are certified; and 
 46.11     (5) the contamination tax imposed on properties which 
 46.12  received market value reductions for contamination. 
 46.13     (f) Except as provided in subdivision 7, failure of the 
 46.14  county auditor to prepare or the county treasurer to deliver the 
 46.15  notice as required in this section does not invalidate the 
 46.16  proposed or final tax levy or the taxes payable pursuant to the 
 46.17  tax levy. 
 46.18     (g) If the notice the taxpayer receives under this section 
 46.19  lists the property as nonhomestead, and satisfactory 
 46.20  documentation is provided to the county assessor by the 
 46.21  applicable deadline, and the property qualifies for the 
 46.22  homestead classification in that assessment year, the assessor 
 46.23  shall reclassify the property to homestead for taxes payable in 
 46.24  the following year. 
 46.25     (h) In the case of class 4 residential property used as a 
 46.26  residence for lease or rental periods of 30 days or more, the 
 46.27  taxpayer must either: 
 46.28     (1) mail or deliver a copy of the notice of proposed 
 46.29  property taxes to each tenant, renter, or lessee; or 
 46.30     (2) post a copy of the notice in a conspicuous place on the 
 46.31  premises of the property.  
 46.32     The notice must be mailed or posted by the taxpayer by 
 46.33  November 27 or within three days of receipt of the notice, 
 46.34  whichever is later.  A taxpayer may notify the county treasurer 
 46.35  of the address of the taxpayer, agent, caretaker, or manager of 
 46.36  the premises to which the notice must be mailed in order to 
 47.1   fulfill the requirements of this paragraph. 
 47.2      (i) For purposes of this subdivision, subdivisions 5a and 
 47.3   6, "metropolitan special taxing districts" means the following 
 47.4   taxing districts in the seven-county metropolitan area that levy 
 47.5   a property tax for any of the specified purposes listed below: 
 47.6      (1) metropolitan ~~council under section 473.132, 473.167,~~ 
 47.7   ~~473.249, 473.325, 473.446, 473.521, 473.547, or 473.834~~ counties 
 47.8   as provided in this act; 
 47.9      (2) metropolitan airports commission under section 473.667, 
 47.10  473.671, or 473.672; ~~and~~ 
 47.11     (3) metropolitan mosquito control commission under section 
 47.12  473.711; and 
 47.13     (4) metropolitan waste control commission under sections 
 47.14  473.521, 473.541, and 473.547. 
 47.15     For purposes of this section, any levies made by the 
 47.16  regional rail authorities in the county of Anoka, Carver, 
 47.17  Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 
 47.18  398A shall be included with the appropriate county's levy and 
 47.19  shall be discussed at that county's public hearing. 
 47.20     (j) If a statutory or home rule charter city or a town has 
 47.21  exercised the local levy option provided by section 473.388, 
 47.22  subdivision 7, it may include in the notice of its proposed 
 47.23  taxes the amount of its proposed taxes attributable to its 
 47.24  exercise of the option.  ~~In the first year of the city or town's~~ 
 47.25  ~~exercise of this option, the statement shall include an estimate~~ 
 47.26  ~~of the reduction of the metropolitan council's tax on the parcel~~ 
 47.27  ~~due to exercise of that option.  The metropolitan council's levy~~ 
 47.28  ~~shall be adjusted accordingly.~~ 
 47.29     Sec. 60.  Minnesota Statutes 2000, section 275.065, 
 47.30  subdivision 6b, is amended to read: 
 47.31     Subd. 6b.  [JOINT PUBLIC HEARINGS.] Notwithstanding any 
 47.32  other provision of law, any city with a population of 10,000 and 
 47.33  over, may conduct a more comprehensive public hearing than is 
 47.34  contained in subdivision 6 by including a board member from the 
 47.35  county~~,~~ and a board member from the school district located 
 47.36  within the city's boundary~~, and a representative of the~~ 
 48.1   ~~metropolitan council, if the city is in the metropolitan area,~~ 
 48.2   ~~as defined in section 473.121, subdivision 2,~~ at the city's 
 48.3   public hearing.  All provisions regarding the public hearings 
 48.4   under subdivision 6 are applicable to the joint public hearings 
 48.5   under this subdivision. 
 48.6      Upon the adoption of a resolution by the governing body of 
 48.7   the city to hold a joint hearing, the city shall notify the 
 48.8   county~~,~~ and the school district~~, and the metropolitan council if~~ 
 48.9   ~~the city is in the metropolitan area,~~ of the decision to hold a 
 48.10  joint public hearing and request a board member from each of 
 48.11  those taxing authorities~~, and the member or the designee of the~~ 
 48.12  ~~metropolitan council if applicable,~~ to be at the joint hearing.  
 48.13  If the city is located in more than one county, the city may 
 48.14  choose to request a county board member from each county or only 
 48.15  from the county containing the majority of the city's market 
 48.16  value.  If more than one school district is partially or totally 
 48.17  located within the city, the city may choose to request a school 
 48.18  district board member from each school district, or a board 
 48.19  member only from the school district containing the majority of 
 48.20  the city's market value.  If, as a result of requests under this 
 48.21  subdivision, there are not sufficient board members in the 
 48.22  county or the school district to attend the joint hearing, the 
 48.23  county or school district may send a nonelected person working 
 48.24  for its taxing authority to speak on the authority's behalf.  
 48.25  The city may also invite each state senator and representative 
 48.26  who represents the city, or a portion of the city, to come to 
 48.27  the joint hearing. 
 48.28     The primary purpose of the joint hearing is to discuss the 
 48.29  city's budget and property tax levy.  The county and school 
 48.30  district officials~~, and metropolitan council representative, if~~ 
 48.31  ~~the city is in the metropolitan area,~~ should be prepared to 
 48.32  answer questions relevant to its budget and levy and the effect 
 48.33  that its levy has on the property owners in the city. 
 48.34     If a city conducts a hearing under this subdivision, this 
 48.35  hearing is in lieu of the initial hearing required under 
 48.36  subdivision 6.  However, the city is still required to adopt its 
 49.1   proposed property tax levy at a subsequent hearing as provided 
 49.2   under subdivision 6.  The hearings under this subdivision do not 
 49.3   relieve a county~~,~~ or school district~~, or the metropolitan~~ 
 49.4   ~~council~~ of the requirement to hold its individual hearing under 
 49.5   subdivision 6. 
 49.6      Sec. 61.  Minnesota Statutes 2000, section 275.066, is 
 49.7   amended to read: 
 49.8      275.066 [SPECIAL TAXING DISTRICTS; DEFINITION.] 
 49.9      For the purposes of property taxation and property tax 
 49.10  state aids, the term "special taxing districts" includes the 
 49.11  following entities: 
 49.12     (1) watershed districts under chapter 103D; 
 49.13     (2) sanitary districts under sections 115.18 to 115.37; 
 49.14     (3) regional sanitary sewer districts under sections 115.61 
 49.15  to 115.67; 
 49.16     (4) regional public library districts under section 
 49.17  134.201; 
 49.18     (5) park districts under chapter 398; 
 49.19     (6) regional railroad authorities under chapter 398A; 
 49.20     (7) hospital districts under sections 447.31 to 447.38; 
 49.21     (8) St. Cloud metropolitan transit commission under 
 49.22  sections 458A.01 to 458A.15; 
 49.23     (9) Duluth transit authority under sections 458A.21 to 
 49.24  458A.37; 
 49.25     (10) regional development commissions under sections 
 49.26  462.381 to 462.398; 
 49.27     (11) housing and redevelopment authorities under sections 
 49.28  469.001 to 469.047; 
 49.29     (12) port authorities under sections 469.048 to 469.068; 
 49.30     (13) economic development authorities under sections 
 49.31  469.090 to 469.1081; 
 49.32     (14) ~~metropolitan council under sections 473.123 to~~ 
 49.33  ~~473.549;~~ 
 49.34     ~~(15)~~ metropolitan airports commission under sections 
 49.35  473.601 to 473.680; 
 49.36     ~~(16)~~ (15) metropolitan mosquito control commission under 
 50.1   sections 473.701 to 473.716; 
 50.2      ~~(17)~~ (16) Morrison county rural development financing 
 50.3   authority under Laws 1982, chapter 437, section 1; 
 50.4      ~~(18)~~ (17) Croft Historical Park District under Laws 1984, 
 50.5   chapter 502, article 13, section 6; 
 50.6      ~~(19)~~ (18) East Lake county medical clinic district under 
 50.7   Laws 1989, chapter 211, sections 1 to 6; 
 50.8      ~~(20)~~ (19) Floodwood area ambulance district under Laws 
 50.9   1993, chapter 375, article 5, section 39; 
 50.10     ~~(21)~~ (20) Middle Mississippi river watershed management 
 50.11  organization under sections 103B.211 and 103B.241; and 
 50.12     ~~(22)~~ (21) any other political subdivision of the state of 
 50.13  Minnesota, excluding counties, school districts, cities, and 
 50.14  towns, that has the power to adopt and certify a property tax 
 50.15  levy to the county auditor, as determined by the commissioner of 
 50.16  revenue. 
 50.17     Sec. 62.  Minnesota Statutes 2000, section 275.14, is 
 50.18  amended to read: 
 50.19     275.14 [CENSUS.] 
 50.20     For the purposes of sections 275.124 to 275.16, the 
 50.21  population of a city shall be that established by the last 
 50.22  federal census, by a special census taken by the United States 
 50.23  Bureau of the Census, by an estimate made by the ~~metropolitan~~ 
 50.24  ~~council, or by the~~ state demographer made according to section 
 50.25  4A.02, whichever has the latest stated date of count or 
 50.26  estimate, before July 2 of the current levy year.  The 
 50.27  population of a school district must be as certified by the 
 50.28  department of children, families, and learning from the most 
 50.29  recent federal census. 
 50.30     In any year in which no federal census is taken pursuant to 
 50.31  law in any school district affected by sections 275.124 to 
 50.32  275.16 a population estimate may be made and submitted to the 
 50.33  state demographer for approval as hereinafter provided.  The 
 50.34  school board of a school district, in case it desires a 
 50.35  population estimate, shall pass a resolution by July 1 
 50.36  containing a current estimate of the population of the school 
 51.1   district and shall submit the resolution to the state 
 51.2   demographer.  The resolution shall describe the criteria on 
 51.3   which the estimate is based and shall be in a form and 
 51.4   accompanied by the data prescribed by the state demographer.  
 51.5   The state demographer shall determine whether or not the 
 51.6   criteria and process described in the resolution provide a 
 51.7   reasonable basis for the population estimate and shall inform 
 51.8   the school district of that determination within 30 days of 
 51.9   receipt of the resolution.  If the state demographer determines 
 51.10  that the criteria and process described in the resolution do not 
 51.11  provide a reasonable basis for the population estimate, the 
 51.12  resolution shall be of no effect.  If the state demographer 
 51.13  determines that the criteria and process do provide a reasonable 
 51.14  basis for the population estimate, the estimate shall be treated 
 51.15  as the population of the school district for the purposes of 
 51.16  sections 275.124 to 275.16 until the population of the school 
 51.17  district has been established by the next federal census or 
 51.18  until a more current population estimate is prepared and 
 51.19  approved as provided herein, whichever occurs first.  The state 
 51.20  demographer shall establish guidelines for acceptable population 
 51.21  estimation criteria and processes.  The state demographer shall 
 51.22  issue advisory opinions upon request in writing to cities or 
 51.23  school districts as to proposed criteria and processes prior to 
 51.24  their implementation in an estimation.  The advisory opinion 
 51.25  shall be final and binding upon the demographer unless the 
 51.26  demographer can show cause why it should not be final and 
 51.27  binding.  
 51.28     In the event that a census tract employed in taking a 
 51.29  federal or local census overlaps two or more school districts, 
 51.30  the county auditor shall, on the basis of the best information 
 51.31  available, allocate the population of said census tract to the 
 51.32  school districts involved.  
 51.33     The term "council," as used in sections 275.124 to 275.16, 
 51.34  means any board or body, whether composed of one or more 
 51.35  branches, authorized to make ordinances for the government of a 
 51.36  city within this state.  
 52.1      Sec. 63.  Minnesota Statutes 2000, section 275.62, 
 52.2   subdivision 3, is amended to read: 
 52.3      Subd. 3.  [POPULATION ESTIMATE.] For the purposes of this 
 52.4   section, the population of a local governmental unit shall be 
 52.5   that established by the last federal census, by a census taken 
 52.6   under section 275.14, or by an estimate made by the ~~metropolitan~~ 
 52.7   ~~council or by the~~ state demographer made under section 4A.02, 
 52.8   whichever is the most recent as to the stated date of count or 
 52.9   estimate for the calendar year preceding the current levy year. 
 52.10     Sec. 64.  Minnesota Statutes 2000, section 352.01, 
 52.11  subdivision 2a, is amended to read: 
 52.12     Subd. 2a.  [INCLUDED EMPLOYEES.] (a) "State employee" 
 52.13  includes: 
 52.14     (1) employees of the Minnesota historical society; 
 52.15     (2) employees of the state horticultural society; 
 52.16     (3) employees of the Disabled American Veterans, Department 
 52.17  of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
 52.18  if employed before July 1, 1963; 
 52.19     (4) employees of the Minnesota crop improvement 
 52.20  association; 
 52.21     (5) employees of the adjutant general who are paid from 
 52.22  federal funds and who are not covered by any federal civilian 
 52.23  employees retirement system; 
 52.24     (6) employees of the state universities employed under the 
 52.25  university activities program; 
 52.26     (7) currently contributing employees covered by the system 
 52.27  who are temporarily employed by the legislature during a 
 52.28  legislative session or any currently contributing employee 
 52.29  employed for any special service as defined in subdivision 2b, 
 52.30  clause (8); 
 52.31     (8) employees of the armory building commission; 
 52.32     (9) employees of the legislature appointed without a limit 
 52.33  on the duration of their employment and persons employed or 
 52.34  designated by the legislature or by a legislative committee or 
 52.35  commission or other competent authority to conduct a special 
 52.36  inquiry, investigation, examination, or installation; 
 53.1      (10) trainees who are employed on a full-time established 
 53.2   training program performing the duties of the classified 
 53.3   position for which they will be eligible to receive immediate 
 53.4   appointment at the completion of the training period; 
 53.5      (11) employees of the Minnesota safety council; 
 53.6      (12) any employees on authorized leave of absence from the 
 53.7   transit operating division of the former metropolitan transit 
 53.8   commission who are employed by the labor organization which is 
 53.9   the exclusive bargaining agent representing employees of the 
 53.10  transit operating division; 
 53.11     (13) employees of the ~~metropolitan council, metropolitan~~ 
 53.12  ~~parks and open space commission, metropolitan sports facilities~~ 
 53.13  ~~commission,~~ metropolitan mosquito control commission, or 
 53.14  metropolitan ~~radio board~~ waste control commission unless 
 53.15  excluded or covered by another public pension fund or plan under 
 53.16  section 473.415, subdivision 3; 
 53.17     (14) judges of the tax court; 
 53.18     (15) personnel employed on June 30, 1992, by the University 
 53.19  of Minnesota in the management, operation, or maintenance of its 
 53.20  heating plant facilities, whose employment transfers to an 
 53.21  employer assuming operation of the heating plant facilities, so 
 53.22  long as the person is employed at the University of Minnesota 
 53.23  heating plant by that employer or by its successor organization; 
 53.24     (16) seasonal help in the classified service employed by 
 53.25  the department of revenue; and 
 53.26     (17) a person who renders teaching or other service for the 
 53.27  Minnesota state colleges and universities system and who also 
 53.28  renders service on a part-time basis for an employer with 
 53.29  employees covered by the general state employees retirement plan 
 53.30  of the Minnesota state retirement system, for all service with 
 53.31  the Minnesota state colleges and universities system, if the 
 53.32  person's nonteaching service comprises at least 50 percent of 
 53.33  the combined total salary received by the person as determined 
 53.34  by the chancellor of the Minnesota state colleges and 
 53.35  universities system or if the person is certified for general 
 53.36  state employees retirement plan coverage by the chancellor of 
 54.1   the Minnesota state colleges and universities system. 
 54.2      (b) Employees specified in paragraph (a), clause (15), are 
 54.3   included employees under paragraph (a) if employer and employee 
 54.4   contributions are made in a timely manner in the amounts 
 54.5   required by section 352.04.  Employee contributions must be 
 54.6   deducted from salary.  Employer contributions are the sole 
 54.7   obligation of the employer assuming operation of the University 
 54.8   of Minnesota heating plant facilities or any successor 
 54.9   organizations to that employer. 
 54.10     Sec. 65.  Minnesota Statutes 2000, section 352.01, 
 54.11  subdivision 2b, is amended to read: 
 54.12     Subd. 2b.  [EXCLUDED EMPLOYEES.] "State employee" does not 
 54.13  include: 
 54.14     (1) elective state officers; 
 54.15     (2) students employed by the University of Minnesota, the 
 54.16  state universities, and community colleges unless approved for 
 54.17  coverage by the board of regents or the board of trustees of the 
 54.18  Minnesota state colleges and universities, as the case may be; 
 54.19     (3) employees who are eligible for membership in the state 
 54.20  teachers retirement association except employees of the 
 54.21  department of children, families, and learning who have chosen 
 54.22  or may choose to be covered by the Minnesota state retirement 
 54.23  system instead of the teachers retirement association; 
 54.24     (4) employees of the University of Minnesota who are 
 54.25  excluded from coverage by action of the board of regents; 
 54.26     (5) officers and enlisted personnel in the national guard 
 54.27  and the naval militia who are assigned to permanent peacetime 
 54.28  duty and who under federal law are or are required to be members 
 54.29  of a federal retirement system; 
 54.30     (6) election officers; 
 54.31     (7) persons engaged in public work for the state but 
 54.32  employed by contractors when the performance of the contract is 
 54.33  authorized by the legislature or other competent authority; 
 54.34     (8) officers and employees of the senate and house of 
 54.35  representatives or a legislative committee or commission who are 
 54.36  temporarily employed; 
 55.1      (9) receivers, jurors, notaries public, and court employees 
 55.2   who are not in the judicial branch as defined in section 43A.02, 
 55.3   subdivision 25, except referees and adjusters employed by the 
 55.4   department of labor and industry; 
 55.5      (10) patient and inmate help in state charitable, penal, 
 55.6   and correctional institutions including the Minnesota veterans 
 55.7   home; 
 55.8      (11) persons employed for professional services where the 
 55.9   service is incidental to regular professional duties and whose 
 55.10  compensation is paid on a per diem basis; 
 55.11     (12) employees of the Sibley House Association; 
 55.12     (13) the members of any state board or commission who serve 
 55.13  the state intermittently and are paid on a per diem basis; the 
 55.14  secretary, secretary-treasurer, and treasurer of those boards if 
 55.15  their compensation is $5,000 or less per year, or, if they are 
 55.16  legally prohibited from serving more than three years; and the 
 55.17  board of managers of the state agricultural society and its 
 55.18  treasurer unless the treasurer is also its full-time secretary; 
 55.19     (14) state troopers; 
 55.20     (15) temporary employees of the Minnesota state fair 
 55.21  employed on or after July 1 for a period not to extend beyond 
 55.22  October 15 of that year; and persons employed at any time by the 
 55.23  state fair administration for special events held on the 
 55.24  fairgrounds; 
 55.25     (16) emergency employees in the classified service; except 
 55.26  that if an emergency employee, within the same pay period, 
 55.27  becomes a provisional or probationary employee on other than a 
 55.28  temporary basis, the employee shall be considered a "state 
 55.29  employee" retroactively to the beginning of the pay period; 
 55.30     (17) persons described in section 352B.01, subdivision 2, 
 55.31  clauses (2) to (5); 
 55.32     (18) temporary employees in the classified service, and 
 55.33  temporary employees in the unclassified service appointed for a 
 55.34  definite period of not more than six months and employed less 
 55.35  than six months in any one-year period; 
 55.36     (19) trainee employees, except those listed in subdivision 
 56.1   2a, clause (10); 
 56.2      (20) persons whose compensation is paid on a fee basis; 
 56.3      (21) state employees who in any year have credit for 12 
 56.4   months service as teachers in the public schools of the state 
 56.5   and as teachers are members of the teachers retirement 
 56.6   association or a retirement system in St. Paul, Minneapolis, or 
 56.7   Duluth; 
 56.8      (22) employees of the adjutant general employed on an 
 56.9   unlimited intermittent or temporary basis in the classified and 
 56.10  unclassified service for the support of army and air national 
 56.11  guard training facilities; 
 56.12     (23) chaplains and nuns who are excluded from coverage 
 56.13  under the federal Old Age, Survivors, Disability, and Health 
 56.14  Insurance Program for the performance of service as specified in 
 56.15  United States Code, title 42, section 410(a)(8)(A), as amended, 
 56.16  if no irrevocable election of coverage has been made under 
 56.17  section 3121(r) of the Internal Revenue Code of 1986, as amended 
 56.18  through December 31, 1992; 
 56.19     (24) examination monitors employed by departments, 
 56.20  agencies, commissions, and boards to conduct examinations 
 56.21  required by law; 
 56.22     (25) persons appointed to serve as members of fact-finding 
 56.23  commissions or adjustment panels, arbitrators, or labor referees 
 56.24  under chapter 179; 
 56.25     (26) temporary employees employed for limited periods under 
 56.26  any state or federal program for training or rehabilitation 
 56.27  including persons employed for limited periods from areas of 
 56.28  economic distress except skilled and supervisory personnel and 
 56.29  persons having civil service status covered by the system; 
 56.30     (27) full-time students employed by the Minnesota 
 56.31  historical society intermittently during part of the year and 
 56.32  full-time during the summer months; 
 56.33     (28) ~~temporary employees, appointed for not more than six~~ 
 56.34  ~~months, of the metropolitan council and of any of its statutory~~ 
 56.35  ~~boards, if the board members are appointed by the metropolitan~~ 
 56.36  ~~council;~~ 
 57.1      ~~(29)~~ persons employed in positions designated by the 
 57.2   department of employee relations as student workers; 
 57.3      ~~(30)~~ (29) members of trades employed by the ~~successor to~~ 
 57.4   ~~the~~ metropolitan waste control commission with trade union 
 57.5   pension plan coverage under a collective bargaining agreement 
 57.6   first employed after June 1, 1977; 
 57.7      ~~(31)~~ (30) persons employed in subsidized on-the-job 
 57.8   training, work experience, or public service employment as 
 57.9   enrollees under the federal Comprehensive Employment and 
 57.10  Training Act after March 30, 1978, unless the person has as of 
 57.11  the later of March 30, 1978, or the date of employment 
 57.12  sufficient service credit in the retirement system to meet the 
 57.13  minimum vesting requirements for a deferred annuity, or the 
 57.14  employer agrees in writing on forms prescribed by the director 
 57.15  to make the required employer contributions, including any 
 57.16  employer additional contributions, on account of that person 
 57.17  from revenue sources other than funds provided under the federal 
 57.18  Comprehensive Employment and Training Act, or the person agrees 
 57.19  in writing on forms prescribed by the director to make the 
 57.20  required employer contribution in addition to the required 
 57.21  employee contribution; 
 57.22     ~~(32)~~ (31) off-duty peace officers while employed by the 
 57.23  metropolitan ~~council~~ transit police; 
 57.24     ~~(33)~~ (32) persons who are employed as full-time police 
 57.25  officers by the metropolitan ~~council~~ transit police and as 
 57.26  police officers are members of the public employees police and 
 57.27  fire fund; 
 57.28     ~~(34)~~ (33) persons who are employed as full-time 
 57.29  firefighters by the department of military affairs and as 
 57.30  firefighters are members of the public employees police and fire 
 57.31  fund; 
 57.32     ~~(35)~~ (34) foreign citizens with a work permit of less than 
 57.33  three years, or an H-1b/JV visa valid for less than three years 
 57.34  of employment, unless notice of extension is supplied which 
 57.35  allows them to work for three or more years as of the date the 
 57.36  extension is granted, in which case they are eligible for 
 58.1   coverage from the date extended; and 
 58.2      ~~(36)~~ (35) persons who are employed by the board of trustees 
 58.3   of the Minnesota state colleges and universities and who elect 
 58.4   to remain members of the public employees retirement association 
 58.5   or the Minneapolis employees retirement fund, whichever applies, 
 58.6   under section 136C.75. 
 58.7      Sec. 66.  Minnesota Statutes 2000, section 373.40, 
 58.8   subdivision 1, is amended to read: 
 58.9      Subdivision 1.  [DEFINITIONS.] For purposes of this 
 58.10  section, the following terms have the meanings given. 
 58.11     (a) "Bonds" means an obligation as defined under section 
 58.12  475.51. 
 58.13     (b) "Capital improvement" means acquisition or betterment 
 58.14  of public lands, development rights in the form of conservation 
 58.15  easements under chapter 84C, buildings, or other improvements 
 58.16  within the county for the purpose of a county courthouse, 
 58.17  administrative building, health or social service facility, 
 58.18  correctional facility, jail, law enforcement center, hospital, 
 58.19  morgue, library, park, qualified indoor ice arena, and roads and 
 58.20  bridges.  An improvement must have an expected useful life of 
 58.21  five years or more to qualify. "Capital improvement" does not 
 58.22  include light rail transit or any activity related to it or a 
 58.23  recreation or sports facility building (such as, but not limited 
 58.24  to, a gymnasium, ice arena, racquet sports facility, swimming 
 58.25  pool, exercise room or health spa), unless the building is part 
 58.26  of an outdoor park facility and is incidental to the primary 
 58.27  purpose of outdoor recreation. 
 58.28     (c) "Commissioner" means the commissioner of trade and 
 58.29  economic development. 
 58.30     (d) "Metropolitan county" means a county located in the 
 58.31  seven-county metropolitan area as defined in section 473.121 or 
 58.32  a county with a population of 90,000 or more. 
 58.33     (e) "Population" means the population established by the 
 58.34  most recent of the following (determined as of the date the 
 58.35  resolution authorizing the bonds was adopted): 
 58.36     (1) the federal decennial census, 
 59.1      (2) a special census conducted under contract by the United 
 59.2   States Bureau of the Census, or 
 59.3      (3) a population estimate made ~~either by the metropolitan~~ 
 59.4   ~~council or~~ by the state demographer under section 4A.02. 
 59.5      (f) "Qualified indoor ice arena" means a facility that 
 59.6   meets the requirements of section 373.43. 
 59.7      (g) "Tax capacity" means total taxable market value, but 
 59.8   does not include captured market value. 
 59.9      Sec. 67.  Minnesota Statutes 2000, section 383A.81, 
 59.10  subdivision 3, is amended to read: 
 59.11     Subd. 3.  [MATCHING FUNDS.] In expending funds under this 
 59.12  section, the county shall seek matching funds from contamination 
 59.13  clean up funds administered by the commissioner of the 
 59.14  department of trade and economic development, ~~the metropolitan~~ 
 59.15  ~~council,~~ the federal government, the private sector, and any 
 59.16  other source. 
 59.17     Sec. 68.  Minnesota Statutes 2000, section 383B.81, 
 59.18  subdivision 3, is amended to read: 
 59.19     Subd. 3.  [MATCHING FUNDS.] In expending funds under this 
 59.20  section the county shall seek matching funds from contamination 
 59.21  cleanup funds administered by the commissioners of the 
 59.22  department of trade and economic development, ~~the metropolitan~~ 
 59.23  ~~council,~~ the federal government, the private sector and any 
 59.24  other source. 
 59.25     Sec. 69.  Minnesota Statutes 2000, section 403.07, 
 59.26  subdivision 1, is amended to read: 
 59.27     Subdivision 1.  [RULES.] The department of administration 
 59.28  shall establish and adopt in accordance with chapter 14, rules 
 59.29  for the administration of this chapter and for the development 
 59.30  of 911 systems in the state including: 
 59.31     (a) design standards for 911 systems ~~incorporating the~~ 
 59.32  ~~standards adopted pursuant to subdivision 2 for the seven-county~~ 
 59.33  ~~metropolitan area~~; and 
 59.34     (b) a procedure for determining and evaluating requests for 
 59.35  variations from the established design standards. 
 59.36     Sec. 70.  Minnesota Statutes 2000, section 414.02, 
 60.1   subdivision 3, is amended to read: 
 60.2      Subd. 3.  [BOARD FACTORS, ORDER.] In arriving at its 
 60.3   decision, the board shall consider the following factors: 
 60.4      (a) Present population and number of households, past 
 60.5   population and projected population growth for the subject area; 
 60.6      (b) Quantity of land within the subject area; the natural 
 60.7   terrain including recognizable physical features, general 
 60.8   topography, major watersheds, soil conditions and such natural 
 60.9   features as rivers, lakes and major bluffs; 
 60.10     (c) Present pattern of physical development, planning, and 
 60.11  intended land uses in the subject area including residential, 
 60.12  industrial, commercial, agricultural, and institutional land 
 60.13  uses and the impact of the proposed action on those uses; 
 60.14     (d) The present transportation network and potential 
 60.15  transportation issues, including proposed highway development; 
 60.16     (e) Land use controls and planning presently being utilized 
 60.17  in the subject area~~, including comprehensive plans, policies of~~ 
 60.18  ~~the metropolitan council~~; and whether there are inconsistencies 
 60.19  between proposed development and existing land use controls; 
 60.20     (f) Existing levels of governmental services being provided 
 60.21  to the subject area, including water and sewer service, fire 
 60.22  rating and protection, law enforcement, street improvements and 
 60.23  maintenance, administrative services, and recreational 
 60.24  facilities and the impact of the proposed action on the delivery 
 60.25  of the services; 
 60.26     (g) Existing or potential environmental problems and 
 60.27  whether the proposed action is likely to improve or resolve 
 60.28  these problems; 
 60.29     (h) Fiscal impact on the subject area and adjacent units of 
 60.30  local government, including present bonded indebtedness; local 
 60.31  tax rates of the county, school district, and other governmental 
 60.32  units, including, where applicable, the net tax capacity of 
 60.33  platted and unplatted lands and the division of homestead and 
 60.34  nonhomestead property; and other tax and governmental aid 
 60.35  issues; 
 60.36     (i) Relationship and effect of the proposed action on 
 61.1   affected and adjacent school districts and communities; 
 61.2      (j) Whether delivery of services to the subject area can be 
 61.3   adequately and economically delivered by the existing 
 61.4   government; 
 61.5      (k) Analysis of whether necessary governmental services can 
 61.6   best be provided through the proposed action or another type of 
 61.7   boundary adjustment; 
 61.8      (l) Degree of contiguity of the boundaries of the subject 
 61.9   area and adjacent units of local government; and 
 61.10     (m) Analysis of the applicability of the state building 
 61.11  code. 
 61.12     Based upon these factors, the board may order the 
 61.13  incorporation if it finds that (a) the property to be 
 61.14  incorporated is now, or is about to become, urban or suburban in 
 61.15  character, or (b) that the existing township form of government 
 61.16  is not adequate to protect the public health, safety, and 
 61.17  welfare, or (c) the proposed incorporation would be in the best 
 61.18  interests of the area under consideration.  The board may deny 
 61.19  the incorporation if the area, or a part thereof, would be 
 61.20  better served by annexation to an adjacent municipality. 
 61.21     The board may alter the boundaries of the proposed 
 61.22  incorporation by increasing or decreasing the area to be 
 61.23  incorporated so as to include only that property which is now, 
 61.24  or is about to become, urban or suburban in character, or may 
 61.25  exclude property that may be better served by another unit of 
 61.26  government.  The board may also alter the boundaries of the 
 61.27  proposed incorporation so as to follow visible, clearly 
 61.28  recognizable physical features for municipal boundaries.  In all 
 61.29  cases, the board shall set forth the factors which are the basis 
 61.30  for the decision. 
 61.31     Notwithstanding any other provision of law to the contrary 
 61.32  relating to the number of wards which may be established, the 
 61.33  board may provide for election of council members by wards, not 
 61.34  less than three nor more than seven in number, whose limits are 
 61.35  prescribed in the board order upon a finding that area 
 61.36  representation is required to accord proper representation in 
 62.1   the proposed incorporated area because of uneven population 
 62.2   density in different parts thereof or the existence of 
 62.3   agricultural lands therein which are in the path of suburban 
 62.4   development, but after four years from the effective date of an 
 62.5   incorporation the council of the municipality may by resolution 
 62.6   adopted by a four-fifths vote abolish the ward system and 
 62.7   provide for the election of all council members at large as in 
 62.8   other municipalities. 
 62.9      The board's order for incorporation shall provide for the 
 62.10  election of municipal officers in accordance with section 
 62.11  414.09.  The plan of government shall be "Optional Plan A", 
 62.12  provided that an alternate plan may be adopted pursuant to 
 62.13  section 412.551, at any time.  The ordinances of the township in 
 62.14  which the new municipality is located shall continue in effect 
 62.15  until repealed by the governing body of the new municipality. 
 62.16     Sec. 71.  Minnesota Statutes 2000, section 414.031, 
 62.17  subdivision 4, is amended to read: 
 62.18     Subd. 4.  [BOARD FACTORS, ORDER.] In arriving at its 
 62.19  decision, the board shall consider the following factors: 
 62.20     (a) Present population and number of households, past 
 62.21  population and projected population growth of the subject area 
 62.22  and adjacent units of local government; 
 62.23     (b) Quantity of land within the subject area and adjacent 
 62.24  units of local government; and natural terrain including 
 62.25  recognizable physical features, general topography, major 
 62.26  watersheds, soil conditions and such natural features as rivers, 
 62.27  lakes and major bluffs; 
 62.28     (c) Degree of contiguity of the boundaries between the 
 62.29  annexing municipality and the subject area; 
 62.30     (d) Present pattern of physical development, planning, and 
 62.31  intended land uses in the subject area and the annexing 
 62.32  municipality including residential, industrial, commercial, 
 62.33  agricultural and institutional land uses and the impact of the 
 62.34  proposed action on those land uses; 
 62.35     (e) The present transportation network and potential 
 62.36  transportation issues, including proposed highway development; 
 63.1      (f) Land use controls and planning presently being utilized 
 63.2   in the annexing municipality and the subject area, including 
 63.3   comprehensive plans for development in the area ~~and plans and~~ 
 63.4   ~~policies of the metropolitan council~~, and whether there are 
 63.5   inconsistencies between proposed development and existing land 
 63.6   use controls and the reasons therefore; 
 63.7      (g) Existing levels of governmental services being provided 
 63.8   in the annexing municipality and the subject area, including 
 63.9   water and sewer service, fire rating and protection, law 
 63.10  enforcement, street improvements and maintenance, administrative 
 63.11  services, and recreational facilities and the impact of the 
 63.12  proposed action on the delivery of said services; 
 63.13     (h) Existing or potential environmental problems and 
 63.14  whether the proposed action is likely to improve or resolve 
 63.15  these problems; 
 63.16     (i) Plans and programs by the annexing municipality for 
 63.17  providing needed governmental services to the subject area; 
 63.18     (j) An analysis of the fiscal impact on the annexing 
 63.19  municipality, the subject area, and adjacent units of local 
 63.20  government, including net tax capacity and the present bonded 
 63.21  indebtedness, and the local tax rates of the county, school 
 63.22  district, and township; 
 63.23     (k) Relationship and effect of the proposed action on 
 63.24  affected and adjacent school districts and communities; 
 63.25     (l) Adequacy of town government to deliver services to the 
 63.26  subject area; 
 63.27     (m) Analysis of whether necessary governmental services can 
 63.28  best be provided through the proposed action or another type of 
 63.29  boundary adjustment; and 
 63.30     (n) If only a part of a township is annexed, the ability of 
 63.31  the remainder of the township to continue or the feasibility of 
 63.32  it being incorporated separately or being annexed to another 
 63.33  municipality. 
 63.34     Based upon the factors, the board may order the annexation 
 63.35  (a) if it finds that the subject area is now, or is about to 
 63.36  become, urban or suburban in character, or (b) if it finds that 
 64.1   municipal government in the area proposed for annexation is 
 64.2   required to protect the public health, safety, and welfare, or 
 64.3   (c) if it finds that the annexation would be in the best 
 64.4   interest of the subject area.  If only a part of a township is 
 64.5   to be annexed, the board shall consider whether the remainder of 
 64.6   the township can continue to carry on the functions of 
 64.7   government without undue hardship.  The board shall deny the 
 64.8   annexation if it finds that the increase in revenues for the 
 64.9   annexing municipality bears no reasonable relation to the 
 64.10  monetary value of benefits conferred upon the annexed area.  The 
 64.11  board may deny the annexation (a) if it appears that annexation 
 64.12  of all or a part of the property to an adjacent municipality 
 64.13  would better serve the interests of the residents of the 
 64.14  property or (b) if the remainder of the township would suffer 
 64.15  undue hardship. 
 64.16     The board may alter the boundaries of the area to be 
 64.17  annexed by increasing or decreasing the area so as to include 
 64.18  only that property which is now or is about to become urban or 
 64.19  suburban in character or to add property of such character 
 64.20  abutting the area proposed for annexation in order to preserve 
 64.21  or improve the symmetry of the area, or to exclude property that 
 64.22  may better be served by another unit of government.  The board 
 64.23  may also alter the boundaries of the proposed annexation so as 
 64.24  to follow visible, clearly recognizable physical features.  If 
 64.25  the board determines that part of the area would be better 
 64.26  served by another municipality or township, the board may 
 64.27  initiate and approve annexation on its own motion by conducting 
 64.28  further hearings and issuing orders pursuant to subdivisions 3 
 64.29  and 4.  In all cases, the board shall set forth the factors 
 64.30  which are the basis for the decision. 
 64.31     Sec. 72.  Minnesota Statutes 2000, section 462A.04, 
 64.32  subdivision 1, is amended to read: 
 64.33     Subdivision 1.  [CREATION; MEMBERS.] There is created a 
 64.34  public body corporate and politic to be known as the "Minnesota 
 64.35  housing finance agency," which shall perform the governmental 
 64.36  functions and exercise the sovereign powers delegated to it in 
 65.1   this chapter in furtherance of the public policies and purposes 
 65.2   declared in section 462A.02.  The agency shall consist of the 
 65.3   commissioner of trade and economic development, state auditor, 
 65.4   and five public members appointed by the governor with advice 
 65.5   and consent of the senate.  No more than two public members 
 65.6   shall reside in the metropolitan area ~~of jurisdiction of the~~ 
 65.7   ~~metropolitan council~~ as ~~provided~~ defined in section ~~473.123,~~ 
 65.8   ~~subdivision 1,~~ 473.121, subdivision 2, and no more than one 
 65.9   public member shall reside in any one of the development regions 
 65.10  established under the provisions of sections 462.381 to 
 65.11  462.396.  Each member shall hold office until a successor has 
 65.12  been appointed and has qualified.  A certificate of appointment 
 65.13  or reappointment of any member shall be conclusive evidence of 
 65.14  the due and proper appointment of the member. 
 65.15     Sec. 73.  Minnesota Statutes 2000, section 462A.07, 
 65.16  subdivision 11, is amended to read: 
 65.17     Subd. 11.  [COOPERATIVE RELATIONSHIPS.] It may establish 
 65.18  cooperative relationships with such regional county and 
 65.19  multicounty housing authorities as may be established, ~~including~~ 
 65.20  ~~the metropolitan council,~~ and may develop priorities for the 
 65.21  utilization of agency resources and assistance within a region 
 65.22  in cooperation with regional county and multicounty housing 
 65.23  authorities. 
 65.24     Sec. 74.  Minnesota Statutes 2000, section 462A.222, 
 65.25  subdivision 4, is amended to read: 
 65.26     Subd. 4.  [DISTRIBUTION PLAN.] (a) By October 1, 1990, the 
 65.27  metropolitan council, in consultation with the agency and 
 65.28  representatives of local government and housing and 
 65.29  redevelopment authorities, shall develop and submit to the 
 65.30  agency a plan for allocating tax credits in 1991 and thereafter 
 65.31  in the metropolitan area, based on regional housing needs and 
 65.32  priorities.  The agency may amend the distribution plan after 
 65.33  consultation with ~~the metropolitan council,~~ representatives of 
 65.34  local governments~~,~~ and housing and redevelopment authorities. 
 65.35     (b) By October 1, 1990, the agency, in consultation with 
 65.36  representatives of local government and housing and 
 66.1   redevelopment authorities, shall develop a plan for allocating 
 66.2   tax credits in 1991 and thereafter in greater Minnesota, based 
 66.3   on regional housing needs and priorities.  The agency may amend 
 66.4   the distribution plan after consultation with representatives of 
 66.5   local governments and housing and redevelopment authorities. 
 66.6      (c) In preparing the distribution plans, the metropolitan 
 66.7   council and the agency shall estimate the number of households 
 66.8   in the metropolitan area and in greater Minnesota, respectively, 
 66.9   who are paying more than 50 percent of their income for rent and 
 66.10  the cost of providing sufficient rental or other assistance so 
 66.11  that no household pays more than 50 percent of its income for 
 66.12  rent.  In addition, the metropolitan council and the agency 
 66.13  shall identify the nature and scope of existing programs which 
 66.14  primarily serve families at 60 percent of the median income and 
 66.15  individuals at 30 percent of the median income.  
 66.16     Sec. 75.  Minnesota Statutes 2000, section 462C.04, 
 66.17  subdivision 2, is amended to read: 
 66.18     Subd. 2.  [PROGRAM REVIEW.] A public hearing shall be held 
 66.19  on each program after one publication of notice in a newspaper 
 66.20  circulating generally in the city, at least 15 days before the 
 66.21  hearing.  On or before the day on which notice of the public 
 66.22  hearing is published, the city shall submit the program to ~~the~~ 
 66.23  ~~metropolitan council, if the city is located in the metropolitan~~ 
 66.24  ~~area as defined in section 473.121, subdivision 2, or to~~ the 
 66.25  regional development commission for the area in which the city 
 66.26  is located, if any, for review and comment.  The appropriate 
 66.27  reviewing agency shall comment on:  
 66.28     (a) whether the program furthers local and regional housing 
 66.29  policies and is consistent with the metropolitan development 
 66.30  guide, if the city is located in the metropolitan area, or 
 66.31  adopted policies of the regional development commission; and 
 66.32     (b) the compatibility of the program with the housing 
 66.33  portion of the comprehensive plan of the city, if any. 
 66.34     Review of the program may be conducted either by the board 
 66.35  of the reviewing agency or by the staff of the agency.  Any 
 66.36  comment submitted by the reviewing agency to the city must be 
 67.1   presented to the body considering the proposed program at the 
 67.2   public hearing held on the program. 
 67.3      A member or employee of the reviewing agency shall be 
 67.4   permitted to present the comments of the reviewing agency at the 
 67.5   public hearing.  After conducting the public hearing, the 
 67.6   program may be adopted with or without amendment, provided that 
 67.7   any amendments must not be inconsistent with the comments, if 
 67.8   any, of the reviewing agency and must not contain any material 
 67.9   changes from the program submitted to the reviewing agency other 
 67.10  than changes in the financial aspects of any proposed issue of 
 67.11  bonds or obligations.  If any material change other than a 
 67.12  change in the financial aspects of a proposed issue of bonds or 
 67.13  obligations, or any change which is inconsistent with the 
 67.14  comments of the reviewing agency is adopted, the amended program 
 67.15  shall be resubmitted to the appropriate reviewing agency for 
 67.16  review and comment, and a public hearing shall be held on the 
 67.17  amended program after one publication of notice in a newspaper 
 67.18  circulating generally in the city at least 15 days before the 
 67.19  hearing.  The amended program shall be considered after the 
 67.20  public hearing in the same manner as consideration of the 
 67.21  initial program. 
 67.22     Sec. 76.  Minnesota Statutes 2000, section 462C.04, 
 67.23  subdivision 3, is amended to read: 
 67.24     Subd. 3.  [CITY REPORT.] Within 30 days after the bonds are 
 67.25  issued for a housing program, the city shall submit a report to 
 67.26  the Minnesota housing finance agency~~, the metropolitan council~~ 
 67.27  ~~if the city is located within the metropolitan area as defined~~ 
 67.28  ~~in section 473.121, subdivision 2, or~~ and the appropriate 
 67.29  regional development commission.  The report must include a 
 67.30  program description, the amount of bonds issued, the income 
 67.31  limits, and the rent levels. 
 67.32     Sec. 77.  Minnesota Statutes 2000, section 462C.04, 
 67.33  subdivision 4, is amended to read: 
 67.34     Subd. 4.  [ANNUAL LEGISLATIVE REPORT.] The Minnesota 
 67.35  housing finance agency, in cooperation with ~~the metropolitan~~ 
 67.36  ~~council and~~ the regional development commissions, shall report 
 68.1   annually to the legislature on the number and amounts of bond 
 68.2   issues and the number of housing programs established pursuant 
 68.3   to sections 462C.01 to 462C.08. 
 68.4      Sec. 78.  Minnesota Statutes 2000, section 462C.071, 
 68.5   subdivision 2, is amended to read: 
 68.6      Subd. 2.  [LIMITATION; ORIGINATION PERIOD.] During the 
 68.7   first ten months of an origination period, a city may make loans 
 68.8   financed with proceeds of mortgage bonds for the purchase of 
 68.9   existing housing.  Loans financed with the proceeds of mortgage 
 68.10  bonds for new housing in the metropolitan area may be made 
 68.11  during the first ten months of an origination period only if at 
 68.12  least one of the following conditions is met: 
 68.13     (1) the new housing is located in a redevelopment area; 
 68.14     (2) the new housing is replacing a structurally substandard 
 68.15  structure or structures; 
 68.16     (3) the new housing is located on a parcel purchased by the 
 68.17  city or conveyed to the city under section 282.01, subdivision 
 68.18  1; or 
 68.19     (4) the new housing is part of a housing affordability 
 68.20  initiative, other than those financed with the proceeds from the 
 68.21  sale of bonds, in which federal, state, or local assistance is 
 68.22  used to substantially improve the terms of the financing or to 
 68.23  substantially write down the purchase price of the new housing~~;~~ 
 68.24  ~~or~~ 
 68.25     ~~(5) the new housing is located in a city that has entered~~ 
 68.26  ~~into a housing affordability agreement with the metropolitan~~ 
 68.27  ~~council~~.  
 68.28     Upon expiration of the first ten-month period, a city may 
 68.29  make loans financed with the proceeds of mortgage bonds for the 
 68.30  purchase of new and existing housing. 
 68.31     Sec. 79.  Minnesota Statutes 2000, section 465.797, 
 68.32  subdivision 3, is amended to read: 
 68.33     Subd. 3.  [REVIEW PROCESS.] (a) Upon receipt of an 
 68.34  application from a local government unit, the board shall review 
 68.35  the application.  The board shall dismiss an application if it 
 68.36  finds that the application proposes a waiver of rules or 
 69.1   exemption from enforcement of laws that would result in due 
 69.2   process violations, violations of federal law or the state or 
 69.3   federal constitution, or the loss of services to people who are 
 69.4   entitled to them.  
 69.5      (b) The board shall determine whether a law from which an 
 69.6   exemption for enforcement is sought is a procedural law, 
 69.7   specifying how a local government unit is to achieve an outcome, 
 69.8   rather than a substantive law prescribing the outcome or 
 69.9   otherwise establishing policy.  In making its determination, the 
 69.10  board shall consider whether the law specifies such requirements 
 69.11  as: 
 69.12     (1) who must deliver a service; 
 69.13     (2) where the service must be delivered; 
 69.14     (3) to whom and in what form reports regarding the service 
 69.15  must be made; and 
 69.16     (4) how long or how often the service must be made 
 69.17  available to a given recipient. 
 69.18     (c) If the commissioner of finance, the commissioner of 
 69.19  administration, or the state auditor has jurisdiction over a 
 69.20  rule or law affected by an application, the chief administrative 
 69.21  law judge, as soon as practicable after receipt of the 
 69.22  application, shall designate a third administrative law judge to 
 69.23  serve as a member of the board in place of that official while 
 69.24  the board is deciding whether to grant the waiver or exemption. 
 69.25     (d) ~~If the application is submitted by a local government~~ 
 69.26  ~~unit in the metropolitan area or the unit requests a waiver of a~~ 
 69.27  ~~rule or temporary, limited exemptions from enforcement of a~~ 
 69.28  ~~procedural law over which the metropolitan council or a~~ 
 69.29  ~~metropolitan agency has jurisdiction, the board shall also~~ 
 69.30  ~~transmit a copy of the application to the council for review and~~ 
 69.31  ~~comment.  The council shall report its comments to the board~~ 
 69.32  ~~within 60 days of the date the application was transmitted to~~ 
 69.33  ~~the council.  The council may point out any resources or~~ 
 69.34  ~~technical assistance it may be able to provide a local~~ 
 69.35  ~~government submitting a request under this section.~~  
 69.36     ~~(e)~~ Within 15 days after receipt of the application, the 
 70.1   board shall transmit a copy of it to the commissioner of each 
 70.2   agency having jurisdiction over a rule or law from which a 
 70.3   waiver or exemption is sought.  The agency may mail a notice 
 70.4   that it has received an application for a waiver or exemption to 
 70.5   all persons who have registered with the agency under section 
 70.6   14.14, subdivision 1a, identifying the rule or law from which a 
 70.7   waiver or exemption is requested.  If no agency has jurisdiction 
 70.8   over the rule or law, the board shall transmit a copy of the 
 70.9   application to the attorney general.  The agency shall inform 
 70.10  the board of its agreement with or objection to and grounds for 
 70.11  objection to the waiver or exemption request within 60 days of 
 70.12  the date when the application was transmitted to it.  An 
 70.13  agency's failure to do so is considered agreement to the waiver 
 70.14  or exemption.  The board shall decide whether to grant a waiver 
 70.15  or exemption at its next regularly scheduled meeting following 
 70.16  its receipt of an agency's response or the end of the 60-day 
 70.17  response period.  If consideration of an application is not 
 70.18  concluded at that meeting, the matter may be carried over to the 
 70.19  next meeting of the board.  Interested persons may submit 
 70.20  written comments to the board on the waiver or exemption request 
 70.21  up to the time of its vote on the application.  
 70.22     ~~(f)~~ (e) If the exclusive representative of the affected 
 70.23  employees of the requesting local government unit objects to the 
 70.24  waiver or exemption request it may inform the board of the 
 70.25  objection to and the grounds for the objection to the waiver or 
 70.26  exemption request within 60 days of the receipt of the 
 70.27  application. 
 70.28     Sec. 80.  Minnesota Statutes 2000, section 465.798, is 
 70.29  amended to read: 
 70.30     465.798 [SERVICE BUDGET MANAGEMENT MODEL GRANTS.] 
 70.31     One or more local units of governments, an association of 
 70.32  local governments, ~~the metropolitan council,~~ a local unit of 
 70.33  government acting in conjunction with an organization or a state 
 70.34  agency, or an organization established by two or more local 
 70.35  units of government under a joint powers agreement may apply to 
 70.36  the board of government innovation and management for a grant to 
 71.1   be used to develop models for innovative service budget 
 71.2   management.  The application to the board must state what other 
 71.3   sources of funding have been considered by the local units of 
 71.4   government to implement the project and explain why it is not 
 71.5   possible to complete the project without assistance from the 
 71.6   board.  The board may not award a grant if it determines that 
 71.7   the local units of government could complete the project without 
 71.8   board assistance.  A copy of the application must be provided by 
 71.9   the units to the exclusive representatives certified under 
 71.10  section 179A.12 to represent employees who provide the service 
 71.11  or program affected by the application.  
 71.12     Proposed models may provide options to local governments, 
 71.13  neighborhood or community organizations, or individuals for 
 71.14  managing budgets for service delivery.  A copy of the work 
 71.15  product for which the grant was provided must be furnished to 
 71.16  the board upon completion, and the board may disseminate it to 
 71.17  other local units of government or interested groups.  If the 
 71.18  board finds that the model was not completed or implemented 
 71.19  according to the terms of the grant agreement, it may require 
 71.20  the grantee to repay all or a portion of the grant.  The board 
 71.21  shall award grants on the basis of each qualified applicant's 
 71.22  score under the scoring system in section 465.802.  The amount 
 71.23  of a grant under this section may not exceed $50,000. 
 71.24     Sec. 81.  Minnesota Statutes 2000, section 465.799, is 
 71.25  amended to read: 
 71.26     465.799 [COOPERATION PLANNING GRANTS.] 
 71.27     Two or more local government units; an association of local 
 71.28  governments; a local unit of government acting in conjunction 
 71.29  with ~~the metropolitan council,~~ an organization~~,~~ or a state 
 71.30  agency; or an organization formed by two or more local units of 
 71.31  government under a joint powers agreement may apply to the board 
 71.32  of government innovation and cooperation for a grant to be used 
 71.33  to develop a plan for intergovernmental cooperation in providing 
 71.34  services.  The application to the board must state what other 
 71.35  sources of funding have been considered by the local units of 
 71.36  government to implement the project and explain why it is not 
 72.1   possible to complete the project without assistance from the 
 72.2   board.  The board may not award a grant if it determines that 
 72.3   the local units of government could complete the project without 
 72.4   board assistance.  A copy of the application must be submitted 
 72.5   by the applicants to the exclusive representatives certified 
 72.6   under section 179A.12 to represent employees who provide the 
 72.7   service or program affected by the application.  
 72.8      The plan may include model contracts or agreements to be 
 72.9   used to implement the plan.  A copy of the work product for 
 72.10  which the grant was provided must be furnished to the board upon 
 72.11  completion, and the board may disseminate it to other local 
 72.12  units of government or interested groups.  If the board finds 
 72.13  that the grantee has failed to implement the plan according to 
 72.14  the terms of the agreement, it may require the grantee to repay 
 72.15  all or a portion of the grant.  The board shall award grants on 
 72.16  the basis of each qualified applicant's score under the scoring 
 72.17  system in section 465.802.  The amount of a grant under this 
 72.18  section may not exceed $50,000. 
 72.19     Sec. 82.  Minnesota Statutes 2000, section 465.801, is 
 72.20  amended to read: 
 72.21     465.801 [SERVICE SHARING GRANTS.] 
 72.22     Two or more local units of government; an association of 
 72.23  local governments; a local unit of government acting in 
 72.24  conjunction with ~~the metropolitan council,~~ an organization~~,~~ or a 
 72.25  state agency; or an organization established by two or more 
 72.26  local units of government under a joint powers agreement may 
 72.27  apply to the board of government innovation and cooperation for 
 72.28  a grant to be used to meet the start-up costs of providing 
 72.29  shared services or functions.  Agreements solely to make joint 
 72.30  purchases are not sufficient to qualify under this section.  The 
 72.31  application to the board must state what other sources of 
 72.32  funding have been considered by the local units of government to 
 72.33  implement the project and explain why it is not possible to 
 72.34  complete the project without assistance from the board.  The 
 72.35  board may not award a grant if it determines that the local 
 72.36  units of government could complete the project without board 
 73.1   assistance.  A copy of the application must be provided by the 
 73.2   applicants to the exclusive representatives certified under 
 73.3   section 179A.12 to represent employees who provide the service 
 73.4   or program affected by the application. 
 73.5      The proposal must include plans fully to integrate a 
 73.6   service or function provided by two or more local government 
 73.7   units.  A copy of the work product for which the grant was 
 73.8   provided must be furnished to the board upon completion, and the 
 73.9   board may disseminate it to other local units of government or 
 73.10  interested groups.  If the board finds that the grantee has 
 73.11  failed to implement the plan according to the terms of the 
 73.12  agreement, it may require the grantee to repay all or a portion 
 73.13  of the grant.  The board shall award grants on the basis of each 
 73.14  qualified applicant's score under the scoring system in section 
 73.15  465.802.  The amount of a grant under this section may not 
 73.16  exceed $100,000. 
 73.17     Sec. 83.  Minnesota Statutes 2000, section 465.82, 
 73.18  subdivision 1, is amended to read: 
 73.19     Subdivision 1.  [ADOPTION AND STATE AGENCY REVIEW.] Each 
 73.20  governing body that proposes to take part in a combination under 
 73.21  sections 465.81 to 465.87 must by resolution adopt a plan for 
 73.22  cooperation and combination.  The plan must address each item in 
 73.23  this section.  The plan must be specific for any item that will 
 73.24  occur within three years and may be general or set forth 
 73.25  alternative proposals for an item that will occur more than 
 73.26  three years in the future.  The plan must be submitted to the 
 73.27  board of government innovation and cooperation for review and 
 73.28  comment.  ~~For a metropolitan area local government unit, the~~ 
 73.29  ~~plan must also be submitted to the metropolitan council for~~ 
 73.30  ~~review and comment.  The council may point out any resources or~~ 
 73.31  ~~technical assistance it may be able to provide a governing body~~ 
 73.32  ~~submitting a plan under this subdivision.~~  Significant 
 73.33  modifications and specific resolutions of items must be 
 73.34  submitted to the board ~~and council~~, if appropriate, for review 
 73.35  and comment.  In the official newspaper of each local government 
 73.36  unit proposing to take part in the combination, the governing 
 74.1   body shall publish at least a summary of the adopted plans, each 
 74.2   significant modification and resolution of items, and, if 
 74.3   appropriate, the results of each board ~~and council~~ review and 
 74.4   comment.  If a territory of a unit is to be apportioned between 
 74.5   or among two or more units contiguous to the unit that is to be 
 74.6   apportioned, the plan must specify the area that will become a 
 74.7   part of each remaining unit. 
 74.8      Sec. 84.  Minnesota Statutes 2000, section 465.83, is 
 74.9   amended to read: 
 74.10     465.83 [STATE AGENCY APPROVAL.] 
 74.11     Before scheduling a referendum on the question of combining 
 74.12  local government units under section 465.84, the units shall 
 74.13  submit the plan adopted under section 465.82 to the board.  
 74.14  ~~Metropolitan area units shall also submit the plan to the~~ 
 74.15  ~~metropolitan council for review and comment.~~  The board may 
 74.16  require any information it deems necessary to evaluate the 
 74.17  plan.  The board shall disapprove the proposed combination if it 
 74.18  finds that the plan is not reasonably likely to enable the 
 74.19  combined unit to provide services in a more efficient or less 
 74.20  costly manner than the separate units would provide them, or if 
 74.21  the plans or plan modification are incomplete.  If the 
 74.22  combination of local government units is approved by the board 
 74.23  under this section, the local units are not required to proceed 
 74.24  under chapter 414 to accomplish the combination. 
 74.25     Sec. 85.  Minnesota Statutes 2000, section 469.174, 
 74.26  subdivision 26, is amended to read: 
 74.27     Subd. 26.  [POPULATION.] "Population" means the population 
 74.28  established as of December 31 by the most recent of the 
 74.29  following: 
 74.30     (1) the federal census; 
 74.31     (2) a special census conducted under contract with the 
 74.32  United States Bureau of the Census; and 
 74.33     (3) ~~a population estimate made by the metropolitan council;~~ 
 74.34  ~~and~~ 
 74.35     ~~(4)~~ a population estimate made by the state demographer 
 74.36  under section 4A.02. 
 75.1      The population so established applies to the following 
 75.2   calendar year. 
 75.3      Sec. 86.  Minnesota Statutes 2000, section 471.425, 
 75.4   subdivision 1, is amended to read: 
 75.5      Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 75.6   section, the following terms have the meanings here given them. 
 75.7      (a) "Contract" means any written legal document or 
 75.8   documents signed by both parties in which the terms and 
 75.9   conditions of any interest or other penalty for late payments 
 75.10  are clearly stated. 
 75.11     (b) "Date of receipt" means the completed delivery of the 
 75.12  goods or services or the satisfactory installation, assembly or 
 75.13  specified portion thereof, or the receipt of the invoice for the 
 75.14  delivery of the goods or services, whichever is later. 
 75.15     (c) "Governing board" means the elected or appointed board 
 75.16  of the municipality and includes, but is not limited to, city 
 75.17  councils, town boards and county boards. 
 75.18     (d) "Municipality" means any home rule charter or statutory 
 75.19  city, county, town, school district, political subdivision or 
 75.20  agency of local government.  "Municipality" means ~~the~~ a 
 75.21  metropolitan ~~council or any board or~~ agency created under 
 75.22  chapter 473. 
 75.23     Sec. 87.  Minnesota Statutes 2000, section 471.9997, is 
 75.24  amended to read: 
 75.25     471.9997 [FEDERALLY ASSISTED RENTAL HOUSING; IMPACT 
 75.26  STATEMENT.] 
 75.27     At least 12 months before termination of participation in a 
 75.28  federally assisted rental housing program, including 
 75.29  project-based section 8 and section 236 rental housing, the 
 75.30  owner of the federally assisted rental housing must submit a 
 75.31  statement regarding the impact of termination on the residents 
 75.32  of the rental housing to the governing body of the local 
 75.33  government unit in which the housing is located.  The impact 
 75.34  statement must identify the number of units that will no longer 
 75.35  be subject to rent restrictions imposed by the federal program, 
 75.36  the estimated rents that will be charged as compared to rents 
 76.1   charged under the federal program, and actions the owner will 
 76.2   take to assist displaced tenants in obtaining other housing.  A 
 76.3   copy of the impact statement must be provided to each resident 
 76.4   of the affected building~~,~~ and the Minnesota housing finance 
 76.5   agency~~, and, if the property is located in the metropolitan area~~ 
 76.6   ~~as defined in section 473.121, subdivision 2, the metropolitan~~ 
 76.7   ~~council~~. 
 76.8      Sec. 88.  Minnesota Statutes 2000, section 471A.02, 
 76.9   subdivision 8, is amended to read: 
 76.10     Subd. 8.  [MUNICIPALITY.] "Municipality" means a home rule 
 76.11  charter or statutory city, county, sanitary district, or other 
 76.12  governmental subdivision or public corporation~~, including the~~ 
 76.13  ~~metropolitan council~~. 
 76.14     Sec. 89.  Minnesota Statutes 2000, section 473.121, 
 76.15  subdivision 2, is amended to read: 
 76.16     Subd. 2.  [METROPOLITAN AREA OR AREA.] "Metropolitan area" 
 76.17  or "area" means the area ~~over which the metropolitan council has~~ 
 76.18  ~~jurisdiction,~~ including only the counties of Anoka, Carver, 
 76.19  Dakota excluding the city of Northfield, Hennepin excluding the 
 76.20  city of Hanover, Ramsey, Scott excluding the city of New Prague, 
 76.21  and Washington. 
 76.22     Sec. 90.  Minnesota Statutes 2000, section 473.121, 
 76.23  subdivision 6, is amended to read: 
 76.24     Subd. 6.  [LOCAL GOVERNMENTAL UNIT.] "Local governmental 
 76.25  unit" means any county, city, town, school district, special 
 76.26  district or other political subdivisions or public corporation, 
 76.27  other than ~~the council or~~ a metropolitan agency, lying in whole 
 76.28  or part within the metropolitan area. 
 76.29     Sec. 91.  Minnesota Statutes 2000, section 473.121, 
 76.30  subdivision 10, is amended to read: 
 76.31     Subd. 10.  [POLICY PLAN.] "Policy plan" means a long-range 
 76.32  comprehensive plan of the ~~metropolitan council~~ office of 
 76.33  strategic and long-range planning for the metropolitan area as 
 76.34  required under this chapter. 
 76.35     Sec. 92.  Minnesota Statutes 2000, section 473.142, is 
 76.36  amended to read: 
 77.1      473.142 [SMALL BUSINESSES.] 
 77.2      (a) The metropolitan ~~council and~~ agencies specified in 
 77.3   section 473.143, subdivision 1, may award up to a six percent 
 77.4   preference in the amount bid for specified goods or services to 
 77.5   small targeted group businesses designated under section 16C.16. 
 77.6      (b) ~~The council and~~ Each agency specified in section 
 77.7   473.143, subdivision 1, may designate a purchase of goods or 
 77.8   services for award only to small targeted group businesses 
 77.9   designated under section 16C.16 if the ~~council or~~ agency 
 77.10  determines that at least three small targeted group businesses 
 77.11  are likely to bid. 
 77.12     (c) ~~The council and~~ Each agency specified in section 
 77.13  473.143, subdivision 1, as a condition of awarding a 
 77.14  construction contract or approving a contract for consultant, 
 77.15  professional, or technical services, may set goals that require 
 77.16  the prime contractor to subcontract a portion of the contract to 
 77.17  small targeted group businesses designated under section 
 77.18  16C.16.  The ~~council or~~ agency must establish a procedure for 
 77.19  granting waivers from the subcontracting requirement when 
 77.20  qualified small targeted group businesses are not reasonably 
 77.21  available.  The ~~council or~~ agency may establish financial 
 77.22  incentives for prime contractors who exceed the goals for use of 
 77.23  subcontractors and financial penalties for prime contractors who 
 77.24  fail to meet goals under this paragraph.  The subcontracting 
 77.25  requirements of this paragraph do not apply to prime contractors 
 77.26  who are small targeted group businesses.  At least 75 percent of 
 77.27  the value of the subcontracts awarded to small targeted group 
 77.28  businesses under this paragraph must be performed by the 
 77.29  business to which the subcontract is awarded or by another small 
 77.30  targeted group business. 
 77.31     (d) ~~The council and~~ Each agency listed in section 473.143, 
 77.32  subdivision 1, ~~are~~ is encouraged to purchase from small targeted 
 77.33  group businesses designated under section 16C.16 when making 
 77.34  purchases that are not subject to competitive bidding procedures.
 77.35     (e) ~~The council and~~ Each agency may adopt rules to 
 77.36  implement this section. 
 78.1      (f) Each ~~council or~~ agency contract must require the prime 
 78.2   contractor to pay any subcontractor within ten days of the prime 
 78.3   contractor's receipt of payment from the ~~council or~~ agency for 
 78.4   undisputed services provided by the subcontractor.  The contract 
 78.5   must require the prime contractor to pay interest of 1-1/2 
 78.6   percent per month or any part of a month to the subcontractor on 
 78.7   any undisputed amount not paid on time to the subcontractor.  
 78.8   The minimum monthly interest penalty payment for an unpaid 
 78.9   balance of $100 or more is $10.  For an unpaid balance of less 
 78.10  than $100, the prime contractor shall pay the actual penalty due 
 78.11  to the subcontractor.  A subcontractor who prevails in a civil 
 78.12  action to collect interest penalties from a prime contractor 
 78.13  must be awarded its costs and disbursements, including attorney 
 78.14  fees, incurred in bringing the action. 
 78.15     (g) This section does not apply to procurement financed in 
 78.16  whole or in part with federal funds if the procurement is 
 78.17  subject to federal disadvantaged, minority, or women business 
 78.18  enterprise regulations.  ~~The council and~~ Each agency shall 
 78.19  report to the commissioner of administration on compliance with 
 78.20  this section.  The information must be reported at the time and 
 78.21  in the manner requested by the commissioner. 
 78.22     Sec. 93.  Minnesota Statutes 2000, section 473.1425, is 
 78.23  amended to read: 
 78.24     473.1425 [WORKING CAPITAL FUND.] 
 78.25     ~~The metropolitan council or~~ A metropolitan agency defined 
 78.26  in section 473.121, subdivision 5a, to the extent allowed by 
 78.27  other law or contract, may grant available money that has been 
 78.28  appropriated for socially or economically disadvantaged business 
 78.29  programs to a guaranty fund administered by a nonprofit 
 78.30  organization that makes or guarantees working capital loans to 
 78.31  businesses owned and operated by socially or economically 
 78.32  disadvantaged persons as defined in Code of Federal Regulations, 
 78.33  title 49, section 23.5.  The purpose of loans made or guaranteed 
 78.34  by the organization must be to provide short-term working 
 78.35  capital to enable eligible businesses to be awarded contracts 
 78.36  for goods and services or for construction related services from 
 79.1   government agencies. 
 79.2      Sec. 94.  Minnesota Statutes 2000, section 473.143, is 
 79.3   amended to read: 
 79.4      473.143 [AFFIRMATIVE ACTION PLANS.] 
 79.5      Subdivision 1.  [APPLICATION.] For purposes of this 
 79.6   section, "agency" means a metropolitan agency as defined in 
 79.7   section 473.121~~, except the metropolitan parks and open space~~ 
 79.8   ~~commission~~.  Agency also means the metropolitan mosquito control 
 79.9   commission.  For purposes of this section, "commissioner" means 
 79.10  the commissioner of the state department of employee relations.  
 79.11     Subd. 2.  [DEVELOPMENT AND CONTENTS.] ~~The council and~~ Each 
 79.12  agency shall develop an affirmative action plan and submit its 
 79.13  plan to the commissioner for approval.  The commissioner may not 
 79.14  approve a plan unless the commissioner determines that it will 
 79.15  be effective in assuring that employment positions are equally 
 79.16  accessible to all qualified persons, in eliminating the 
 79.17  underutilization of qualified members of protected groups, in 
 79.18  providing a supportive work environment to all employees, 
 79.19  regardless of race, religion, sex, national origin, or 
 79.20  disability, and in dealing with discrimination complaints.  For 
 79.21  purposes of this section, "protected group" has the meaning 
 79.22  given it in section 43A.02, subdivision 33.  A plan must contain 
 79.23  at least the elements required in this subdivision. 
 79.24     (a) It must identify protected groups that are 
 79.25  underrepresented in the ~~council's or~~ agency's work force. 
 79.26     (b) It must designate a person responsible for directing 
 79.27  and implementing the affirmative action program and assign the 
 79.28  specific responsibilities and duties of that person.  The person 
 79.29  responsible for implementing the program shall report directly 
 79.30  to the ~~council's or~~ agency's chief operating officer regarding 
 79.31  the person's affirmative action duties.  The person responsible 
 79.32  for the affirmative action program shall review examination and 
 79.33  other selection criteria to assure compliance with law.  This 
 79.34  person shall be involved in the filling of all vacancies in the 
 79.35  ~~council or~~ agency work force, to the extent necessary to 
 79.36  facilitate attainment of affirmative action goals.  
 80.1      (c) It must describe the methods by which the plan will be 
 80.2   communicated to employees and to other persons. 
 80.3      (d) It must describe methods for recruiting members of 
 80.4   protected groups.  These methods may include internship 
 80.5   programs, cooperation with union apprenticeship programs, and 
 80.6   other steps necessary to expand the number of protected group 
 80.7   members in applicant pools. 
 80.8      (e) It must describe internal procedures in accordance with 
 80.9   this paragraph for processing complaints of alleged 
 80.10  discrimination from job applicants and employees.  The 
 80.11  procedures must provide for an initial determination of whether 
 80.12  the complaint is properly a discrimination complaint subject to 
 80.13  the procedure under the affirmative action plan.  Complaints 
 80.14  filed under the discrimination procedures that allege reprisals 
 80.15  against an employee for opposing a forbidden practice or for 
 80.16  filing a charge, testifying, or participating in an 
 80.17  investigation, proceeding, or hearing relating to a forbidden 
 80.18  practice are appealable to the chief operating officer of the 
 80.19  council or agency.  Procedures under this paragraph must be 
 80.20  distinct from any procedures available under a union contract or 
 80.21  personnel policy for nondiscrimination complaints.  Use of 
 80.22  procedures developed under this paragraph is not a prerequisite 
 80.23  to filing charges with a governmental enforcement agency, nor 
 80.24  does it limit a person's right to file these charges. 
 80.25     (f) It must set goals and timetables to eliminate 
 80.26  underutilization of members of each protected group in the 
 80.27  ~~council or~~ agency work force. 
 80.28     (g) It must provide a plan for retaining and promoting 
 80.29  protected group members in the ~~council or~~ agency work force.  
 80.30  This plan should encourage training opportunities for protected 
 80.31  group members, to the extent necessary to eliminate 
 80.32  underutilization in specific parts of the work force.  
 80.33     (h) It must describe methods of auditing, evaluating, and 
 80.34  reporting program success, including a procedure that requires a 
 80.35  preemployment review of all hiring decisions for occupational 
 80.36  groups with unmet affirmative action goals. 
 81.1      (i) It must provide for training of management and 
 81.2   supervisory personnel in implementation of the plan and in 
 81.3   dealing with alleged acts of discrimination in the workplace. 
 81.4      (j) It must provide for periodic surveying of the ~~council~~ 
 81.5   ~~or~~ agency work force to determine employee attitudes toward 
 81.6   implementation of the plan. 
 81.7      (k) It must provide for creation of an employee committee 
 81.8   to advise on implementation of the plan and on any changes 
 81.9   needed in the plan. 
 81.10     Subd. 3.  [HARASSMENT.] ~~The council and~~ Each agency shall 
 81.11  adopt written policies forbidding harassment based on sex, 
 81.12  disability, or race in their workplaces and establishing 
 81.13  implementation plans and grievance procedures to deal with 
 81.14  complaints of harassment based on sex, disability, or race. 
 81.15     Subd. 4.  [PERFORMANCE EVALUATION.] The evaluation of the 
 81.16  performance of each supervisory and managerial employee of ~~the~~ 
 81.17  ~~council and the agencies~~ an agency must include evaluation of 
 81.18  the person's performance in implementing the ~~council's or~~ 
 81.19  agency's affirmative action plan and in preventing forbidden 
 81.20  discrimination in the workplace. 
 81.21     Subd. 5.  [REPORT.] By March 1 each year, the commissioner 
 81.22  shall report to the legislature on affirmative action progress 
 81.23  of ~~the council and of~~ each agency.  The report must include: 
 81.24     (1) an audit of the record of ~~the council and~~ each agency 
 81.25  to determine compliance with affirmative action goals and to 
 81.26  evaluate overall progress in attainment of overall affirmative 
 81.27  action objectives; 
 81.28     (2) if ~~the council or~~ any agency has failed to make 
 81.29  satisfactory progress toward its affirmative action goals, a 
 81.30  list of unmet goals and an analysis of why the failure occurred; 
 81.31     (3) a summary of all personnel actions taken by ~~the council~~ 
 81.32  ~~and~~ each agency during the past calendar year, categorized by 
 81.33  occupational group, protected group status, and full-time, 
 81.34  part-time, temporary, and seasonal status; and 
 81.35     (4) a summary of discrimination complaints and lawsuits 
 81.36  against ~~the council and~~ each agency filed or resolved during the 
 82.1   past calendar year, including the basis for the complaints and 
 82.2   lawsuits. 
 82.3      For purposes of this subdivision, "personnel action"  means 
 82.4   a new hire, promotion, transfer, demotion, layoff, recall from 
 82.5   layoff, suspension with or without pay, letter of reprimand, 
 82.6   involuntary termination, other disciplinary action, and 
 82.7   voluntary termination. 
 82.8      ~~The council and~~ Each agency shall report to the 
 82.9   commissioner all information that the commissioner requests to 
 82.10  make the report required by this subdivision.  In providing this 
 82.11  information, the ~~council and~~ agencies are not required to reveal 
 82.12  information that is not public data under chapter 13.  
 82.13     ~~The council and~~ Each agency shall submit these reports at 
 82.14  the time and in the manner requested by the commissioner.  The 
 82.15  commissioner shall report to the legislature on the failure of 
 82.16  ~~the council or~~ an agency to file the required report in a timely 
 82.17  manner. 
 82.18     Subd. 6.  [COORDINATION.] The commissioner or a designee 
 82.19  shall meet with affirmative action officers of ~~the council and~~ 
 82.20  ~~all of~~ the agencies to share successful techniques and foster 
 82.21  innovative means to implement affirmative action plans and 
 82.22  eliminate discrimination in the workplace. 
 82.23     Subd. 7.  [COORDINATION WITH LEGISLATURE.] ~~The council and~~ 
 82.24  Each agency shall facilitate legislative oversight of equal 
 82.25  opportunity practices by providing the legislature access, 
 82.26  including access to computerized records if compatible systems 
 82.27  exist, to public data maintained by the agency.  The ~~council and~~ 
 82.28  agencies must not provide access to information that is not 
 82.29  public data as defined in section 13.02, subdivision 8a. 
 82.30     Sec. 95.  Minnesota Statutes 2000, section 473.144, is 
 82.31  amended to read: 
 82.32     473.144 [CERTIFICATES OF COMPLIANCE FOR CONTRACTS.] 
 82.33     (a) For all contracts for goods and services in excess of 
 82.34  $100,000, ~~neither the council nor~~ an agency listed in section 
 82.35  473.143, subdivision 1, shall not accept any bid or proposal for 
 82.36  a contract or agreement from any business having more than 40 
 83.1   full-time employees within this state on a single working day 
 83.2   during the previous 12 months, unless the firm or business has 
 83.3   an affirmative action plan for the employment of minority 
 83.4   persons, women, and qualified disabled individuals submitted to 
 83.5   the commissioner of human rights for approval.  ~~Neither the~~ 
 83.6   ~~council nor~~ An agency listed in section 473.143, subdivision 1, 
 83.7   shall not execute the contract or agreement until the 
 83.8   affirmative action plan has been approved by the commissioner of 
 83.9   human rights.  Receipt of a certificate of compliance from the 
 83.10  commissioner of human rights signifies that a business has an 
 83.11  approved affirmative action plan.  A certificate is valid for 
 83.12  two years.  Section 363.073 governs revocation of certificates.  
 83.13  The rules adopted by the commissioner of human rights under 
 83.14  section 363.074 apply to this section. 
 83.15     (b) This paragraph applies to a contract for goods or 
 83.16  services in excess of $100,000 to be entered into between ~~the~~ 
 83.17  ~~council or~~ an agency listed in section 473.143, subdivision 1, 
 83.18  and a business that is not subject to paragraph (a), but that 
 83.19  has more than 40 full-time employees on a single working day 
 83.20  during the previous 12 months in the state where the business 
 83.21  has its primary place of business.  The ~~council or the~~ agency 
 83.22  may not execute a contract or agreement with a business covered 
 83.23  by this paragraph unless the business has a certificate of 
 83.24  compliance issued by the commissioner under paragraph (a) or the 
 83.25  business certifies to the contracting agency that it is in 
 83.26  compliance with federal affirmative action requirements. 
 83.27     Sec. 96.  Minnesota Statutes 2000, section 473.145, is 
 83.28  amended to read: 
 83.29     473.145 [DEVELOPMENT GUIDE.] 
 83.30     The ~~metropolitan council~~ office of strategic and long-range 
 83.31  planning shall prepare and adopt, after appropriate study and 
 83.32  such public hearings as may be necessary, a comprehensive 
 83.33  development guide for the metropolitan area.  It shall consist 
 83.34  of a compilation of policy statements, goals, standards, 
 83.35  programs, and maps prescribing guides for the orderly and 
 83.36  economical development, public and private, of the metropolitan 
 84.1   area.  The comprehensive development guide shall recognize and 
 84.2   encompass physical, social, or economic needs of the 
 84.3   metropolitan area and those future developments which will have 
 84.4   an impact on the entire area including but not limited to such 
 84.5   matters as land use, parks and open space land needs, the 
 84.6   necessity for and location of airports, highways, transit 
 84.7   facilities, public hospitals, libraries, schools, and other 
 84.8   public buildings. 
 84.9      Sec. 97.  Minnesota Statutes 2000, section 473.146, 
 84.10  subdivision 1, is amended to read: 
 84.11     Subdivision 1.  [REQUIREMENT.] The ~~council~~ office of 
 84.12  strategic and long-range planning shall adopt a long-range 
 84.13  comprehensive policy plan for transportation, airports, and 
 84.14  wastewater treatment.  The plans must substantially conform to 
 84.15  all policy statements, purposes, goals, standards, and maps in 
 84.16  the development guide ~~developed and adopted by the~~ 
 84.17  ~~council~~ required under this chapter.  Each policy plan must 
 84.18  include, to the extent appropriate to the functions, services, 
 84.19  and systems covered, the following: 
 84.20     (1) forecasts of changes in the general levels and 
 84.21  distribution of population, households, employment, land uses, 
 84.22  and other relevant matters, for the metropolitan area and 
 84.23  appropriate subareas; 
 84.24     (2) a statement of issues, problems, needs, and 
 84.25  opportunities with respect to the functions, services, and 
 84.26  systems covered; 
 84.27     (3) a statement of ~~the council's~~ goals, objectives, and 
 84.28  priorities with respect to the functions, services, and systems 
 84.29  covered, addressing areas and populations to be served, the 
 84.30  levels, distribution, and staging of services; a general 
 84.31  description of the facility systems required to support the 
 84.32  services, and other similar matters; 
 84.33     (4) a statement of policies to effectuate ~~the council's~~ 
 84.34  goals, objectives, and priorities; 
 84.35     (5) a statement of the fiscal implications of the ~~council's~~ 
 84.36  plan, including a statement of:  (i) the resources available 
 85.1   under existing fiscal policy; (ii) the adequacy of resources 
 85.2   under existing fiscal policy and any shortfalls and unattended 
 85.3   needs; (iii) additional resources, if any, that are or may be 
 85.4   required to effectuate the ~~council's~~ goals, objectives, and 
 85.5   priorities; and (iv) any changes in existing fiscal policy, on 
 85.6   regional revenues and intergovernmental aids respectively, that 
 85.7   are expected or that the ~~council~~ office has recommended or may 
 85.8   recommend; 
 85.9      (6) a statement of the standards, criteria, and procedures, 
 85.10  that the office will use in monitoring and evaluating the 
 85.11  implementation of the plan; 
 85.12     (7) a statement of the matters that must be addressed in 
 85.13  the implementation plan of the affected metropolitan agency; 
 85.14     (8) a statement of the relationship of the policy plan to 
 85.15  other policy plans and chapters of the metropolitan development 
 85.16  guide; 
 85.17     ~~(7)~~ (9) a statement of the relationships to local 
 85.18  comprehensive plans prepared under sections 473.851 to 473.871; 
 85.19  and 
 85.20     ~~(8)~~ (10) additional general information as may be necessary 
 85.21  to develop the policy plan or as may be required by the laws 
 85.22  relating to the metropolitan agency and function covered by the 
 85.23  policy plan. 
 85.24     Sec. 98.  Minnesota Statutes 2000, section 473.146, is 
 85.25  amended by adding a subdivision to read: 
 85.26     Subd. 2d.  [CONSULTATION WITH AGENCY; PREDRAFTING 
 85.27  NOTICE.] In preparing or amending the policy plan, the office of 
 85.28  strategic and long-range planning shall consult with and make 
 85.29  maximum use of the expertise of the affected metropolitan 
 85.30  agency.  The agency shall cooperate with the office and make its 
 85.31  records, studies, plans, and other information available to the 
 85.32  office. 
 85.33     Before beginning to prepare a substantial revision of a 
 85.34  policy plan, the office shall publish notice and request 
 85.35  comments from the public.  At least 90 days before publication 
 85.36  of the predrafting notice, the office shall submit a draft of 
 86.1   the notice to the affected metropolitan agency for review and 
 86.2   comment.  The predrafting notice must include a statement of the 
 86.3   subjects expected to be covered by the policy and implementation 
 86.4   plans; a summary of important problems, issues, and matters that 
 86.5   are expected to be addressed in the plans; and a summary of the 
 86.6   studies and other information required as the basis of the 
 86.7   plans.  All interested persons must be afforded an opportunity 
 86.8   to submit data or views on the predrafting notice, either orally 
 86.9   or in writing. 
 86.10     Before adopting a policy plan or substantial revision 
 86.11  thereof, the office shall submit the proposed plan to the 
 86.12  affected metropolitan agency for its review, and the agency 
 86.13  shall report its comments to the office within 90 days. 
 86.14     Sec. 99.  Minnesota Statutes 2000, section 473.146, is 
 86.15  amended by adding a subdivision to read: 
 86.16     Subd. 2e.  [HEARING; ADOPTION.] The office shall hold a 
 86.17  public hearing on the proposed policy plan at a time and place 
 86.18  in the metropolitan area determined by the office.  Not less 
 86.19  than 15 days before the hearing, the office shall publish notice 
 86.20  in a newspaper or newspapers having general circulation in the 
 86.21  metropolitan area, stating the date, time, and place of hearing, 
 86.22  and the place where the proposed policy plan and agency comments 
 86.23  may be examined by any interested person.  At any hearing, 
 86.24  interested persons must be permitted to present their views on 
 86.25  the policy plan, and the hearing may be continued from time to 
 86.26  time.  After receipt of the agency's report and the hearing, the 
 86.27  office may revise the proposed plan giving appropriate 
 86.28  consideration to all comments received and thereafter shall 
 86.29  adopt the plan by resolution. 
 86.30     Sec. 100.  Minnesota Statutes 2000, section 473.146, is 
 86.31  amended by adding a subdivision to read: 
 86.32     Subd. 2f.  [EFFECT.] Adopted policy plans must be followed 
 86.33  by the office and the affected metropolitan agency. 
 86.34     Sec. 101.  Minnesota Statutes 2000, section 473.146, is 
 86.35  amended by adding a subdivision to read: 
 86.36     Subd. 2g.  [AMENDMENT.] An amendment to a policy plan may 
 87.1   be initiated by the office or by an affected metropolitan 
 87.2   agency.  At least every five years the office shall engage in a 
 87.3   comprehensive review of the policy plan and revise the plan as 
 87.4   necessary.  The office shall amend a policy plan in accordance 
 87.5   with the procedures established in this section. 
 87.6      Sec. 102.  Minnesota Statutes 2000, section 473.149, 
 87.7   subdivision 3, is amended to read: 
 87.8      Subd. 3.  [PREPARATION; ADOPTION; AND REVISION.] (a) The 
 87.9   solid waste policy plan shall be prepared, adopted, and revised 
 87.10  as necessary in accordance with paragraphs (c) to (e), after 
 87.11  consultation with the metropolitan counties and the pollution 
 87.12  control agency.  
 87.13     (b) Revisions to the policy plan are exempt from the 
 87.14  rulemaking provisions of chapter 14. 
 87.15     (c) Before beginning preparation of revisions to the policy 
 87.16  plan, the director shall publish a predrafting notice in the 
 87.17  State Register that includes a statement of the subjects 
 87.18  expected to be covered by the revisions, including a summary of 
 87.19  the important problems and issues.  The notice must solicit 
 87.20  comments from the public and state that the comments must be 
 87.21  received by the director within 45 days of publication of the 
 87.22  notice.  The director shall consider the comments in preparing 
 87.23  the revisions. 
 87.24     (d) After publication of the predrafting notice and before 
 87.25  adopting revisions to the policy plan, the director shall 
 87.26  publish a notice in the State Register that: 
 87.27     (1) contains a summary of the proposed revisions; 
 87.28     (2) invites public comment; 
 87.29     (3) lists locations where the proposed revised policy plan 
 87.30  can be reviewed and states that copies of the proposed revised 
 87.31  policy plan can also be obtained from the office; 
 87.32     (4) states a location for a public meeting on the revisions 
 87.33  at a time no earlier than 30 days from the date of publication; 
 87.34  and 
 87.35     (5) advises the public that they have 30 days from the date 
 87.36  of the public meeting in clause (4) to submit comments on the 
 88.1   revisions to the director. 
 88.2      (e) At the meeting described in paragraph (d), clause (4), 
 88.3   the public shall be given an opportunity to present their views 
 88.4   on the policy plan revisions.  The director shall incorporate 
 88.5   any amendments to the proposed revisions that, in the director's 
 88.6   view, will help to carry out the requirements of subdivisions 1, 
 88.7   2d, and 2e.  At or before the time that policy plan revisions 
 88.8   are finally adopted, the director shall issue a report that 
 88.9   addresses issues raised in the public comments.  The report 
 88.10  shall be made available to the public and mailed to interested 
 88.11  persons who have submitted their names and addresses to the 
 88.12  director. 
 88.13     (f) The criteria and standards adopted in the policy plan 
 88.14  for review of solid waste facility permits pursuant to section 
 88.15  473.823, subdivision 3; for issuance of certificates of need 
 88.16  pursuant to section 473.823, subdivision 6; and for review of 
 88.17  solid waste contracts pursuant to section 473.813 may be 
 88.18  appealed to the court of appeals within 30 days after final 
 88.19  adoption of the policy plan.  The court may declare the 
 88.20  challenged portion of the policy plan invalid if it violates 
 88.21  constitutional provisions, is in excess of statutory authority 
 88.22  of the director, or was adopted without compliance with the 
 88.23  procedures in this subdivision.  The review shall be on the 
 88.24  record created during the adoption of the policy plan, except 
 88.25  that additional evidence may be included in the record if the 
 88.26  court finds that the additional evidence is material and there 
 88.27  were good reasons for failure to present it in the proceedings 
 88.28  described in paragraphs (c) to (e). 
 88.29     (g) ~~The metropolitan council or~~ A metropolitan county, 
 88.30  local government unit, commission, or person shall not acquire, 
 88.31  construct, improve or operate any solid waste facility in the 
 88.32  metropolitan area except in accordance with the plan and section 
 88.33  473.823, provided that no solid waste facility in use when a 
 88.34  plan is adopted shall be discontinued solely because it is not 
 88.35  located in an area designated in the plan as acceptable for the 
 88.36  location of such facilities. 
 89.1      Sec. 103.  Minnesota Statutes 2000, section 473.151, is 
 89.2   amended to read: 
 89.3      473.151 [DISCLOSURE.] 
 89.4      For the purpose of the rules, plans, and reports required 
 89.5   or authorized by sections 473.149, 473.516, 473.801 to 473.823 
 89.6   and this section, each generator of hazardous waste and each 
 89.7   owner or operator of a collection service or waste facility 
 89.8   annually shall make the following information available to the 
 89.9   agency, ~~council,~~ office of environmental assistance, and 
 89.10  metropolitan counties:  a schedule of rates and charges in 
 89.11  effect or proposed for a collection service or the processing of 
 89.12  waste delivered to a waste facility and a description, in 
 89.13  aggregate amounts indicating the general character of the solid 
 89.14  and hazardous waste collection and processing system, of the 
 89.15  types and the quantity, by types, of waste generated, collected, 
 89.16  or processed.  The county, ~~council,~~ office, and agency shall act 
 89.17  in accordance with the provisions of section 116.075, 
 89.18  subdivision 2, with respect to information for which 
 89.19  confidentiality is claimed. 
 89.20     Sec. 104.  Minnesota Statutes 2000, section 473.8011, is 
 89.21  amended to read: 
 89.22     473.8011 [METROPOLITAN AGENCY RECYCLING GOAL.] 
 89.23     ~~By December 31, 1993, the metropolitan council,~~ Each 
 89.24  metropolitan agency as defined in section 473.121, and the 
 89.25  metropolitan mosquito control district established in section 
 89.26  473.702 shall recycle at least 40 percent by weight of the solid 
 89.27  waste generated by their offices or other operations.  The 
 89.28  director shall provide information and technical assistance to 
 89.29  the ~~council,~~ agencies~~,~~ and the district to implement effective 
 89.30  recycling programs. 
 89.31     By August 1 of each year, ~~the council,~~ each agency~~,~~ and the 
 89.32  district shall submit to the office a report for the previous 
 89.33  fiscal year describing recycling rates, specified by the county 
 89.34  in which the ~~council,~~ agency~~,~~ or operation is located, and 
 89.35  progress toward meeting the recycling goal.  The office shall 
 89.36  incorporate the recycling rates reported in the respective 
 90.1   county's recycling rates for the previous fiscal year. 
 90.2      If the goal is not met, ~~the council,~~ each agency~~,~~ or the 
 90.3   district must include in its ~~1994~~ annual report reasons for not 
 90.4   meeting the goal and a plan for meeting it in the future. 
 90.5      Sec. 105.  Minnesota Statutes 2000, section 473.834, 
 90.6   subdivision 2, is amended to read: 
 90.7      Subd. 2.  [ALLOCATION OF DEBT SERVICE.] The annual debt 
 90.8   service on the former metropolitan council's solid waste bonds, 
 90.9   issued under Minnesota Statutes 1990, section 473.831, shall be 
 90.10  annually apportioned ~~and certified by the council~~ to each county 
 90.11  in the metropolitan area, in the proportion that the net tax 
 90.12  capacity of all taxable property within each county bears to the 
 90.13  net tax capacity of the taxable property in all the counties, 
 90.14  except that the apportionment to each county shall first be 
 90.15  adjusted to reflect exemptions from payment required by 
 90.16  subdivision 1.  The auditors of the metropolitan counties shall 
 90.17  see to the administration of this section. 
 90.18     Sec. 106.  Minnesota Statutes 2000, section 473.910, 
 90.19  subdivision 3, is amended to read: 
 90.20     Subd. 3.  [MEMBERSHIP.] The board shall be composed of 
 90.21  ~~13~~ 12 members.  Three members must be appointed by the 
 90.22  Minneapolis city council from among its members; three by the 
 90.23  Hennepin county board, from among its members; one by the 
 90.24  Minneapolis park board, from among its members; ~~one by the~~ 
 90.25  ~~metropolitan council, from among its members;~~ two members of the 
 90.26  public appointed by the Minneapolis city council; two members of 
 90.27  the public appointed by the Hennepin county board; and one 
 90.28  member appointed by the member of Congress from the fifth 
 90.29  district or the member's designee.  The public members must 
 90.30  reside or do business in the affected area. 
 90.31     Sec. 107.  Minnesota Statutes 2000, section 477A.011, 
 90.32  subdivision 3, is amended to read: 
 90.33     Subd. 3.  [POPULATION.] "Population" means the population 
 90.34  established as of July 1 in an aid calculation year by the most 
 90.35  recent federal census, by a special census conducted under 
 90.36  contract with the United States Bureau of the Census, ~~by a~~ 
 91.1   ~~population estimate made by the metropolitan council, or~~ by a 
 91.2   population estimate of the state demographer made pursuant to 
 91.3   section 4A.02, whichever is the most recent as to the stated 
 91.4   date of the count or estimate for the preceding calendar year.  
 91.5   The term "per capita" refers to population as defined by this 
 91.6   subdivision. 
 91.7      Sec. 108.  Minnesota Statutes 2000, section 572A.02, 
 91.8   subdivision 5, is amended to read: 
 91.9      Subd. 5.  [DECISION FACTORS.] In comprehensive planning 
 91.10  disputes, the arbitration panel shall consider the goals stated 
 91.11  in section 4A.08 and the following factors in making a 
 91.12  decision.  In all other disputes brought under this section, the 
 91.13  arbitration panel shall consider the following factors in making 
 91.14  a decision: 
 91.15     (1) present population and number of households, past 
 91.16  population, and projected population growth of the subject area 
 91.17  and adjacent units of local government; 
 91.18     (2) quantity of land within the subject area and adjacent 
 91.19  units of local government; and natural terrain including 
 91.20  recognizable physical features, general topography, major 
 91.21  watersheds, soil conditions, and such natural features as 
 91.22  rivers, lakes, and major bluffs; 
 91.23     (3) degree of contiguity of the boundaries between the 
 91.24  municipality and the subject area; 
 91.25     (4) present pattern of physical development, planning, and 
 91.26  intended land uses in the subject area and the municipality 
 91.27  including residential, industrial, commercial, agricultural, and 
 91.28  institutional land uses and the impact of the proposed action on 
 91.29  those land uses; 
 91.30     (5) the present transportation network and potential 
 91.31  transportation issues, including proposed highway development; 
 91.32     (6) land use controls and planning presently being utilized 
 91.33  in the municipality and the subject area, including 
 91.34  comprehensive plans for development in the area and the plans 
 91.35  and policies of the ~~metropolitan council~~ office of strategic and 
 91.36  long-range planning for the metropolitan areas provided in 
 92.1   chapter 473, and whether there are inconsistencies between 
 92.2   proposed development and existing land use controls and the 
 92.3   reasons therefore; 
 92.4      (7) existing levels of governmental services being provided 
 92.5   in the municipality and the subject area, including water and 
 92.6   sewer service, fire rating and protection, law enforcement, 
 92.7   street improvements and maintenance, administrative services, 
 92.8   and recreational facilities and the impact of the proposed 
 92.9   action on the delivery of said services; 
 92.10     (8) existing or potential environmental problems and 
 92.11  whether the proposed action is likely to improve or resolve 
 92.12  these problems; 
 92.13     (9) plans and programs by the municipality for providing 
 92.14  needed governmental services to the subject area; 
 92.15     (10) an analysis of the fiscal impact on the municipality, 
 92.16  the subject area, and adjacent units of local government, 
 92.17  including net tax capacity and the present bonded indebtedness, 
 92.18  and the local tax rates of the county, school district, and 
 92.19  township; 
 92.20     (11) relationship and effect of the proposed action on 
 92.21  affected and adjacent school districts and communities; 
 92.22     (12) adequacy of town government to deliver services to the 
 92.23  subject area; 
 92.24     (13) analysis of whether necessary governmental services 
 92.25  can best be provided through the proposed action or another type 
 92.26  of boundary adjustment; and 
 92.27     (14) if only a part of a township is annexed, the ability 
 92.28  of the remainder of the township to continue or the feasibility 
 92.29  of it being incorporated separately or being annexed to another 
 92.30  municipality. 
 92.31  Any party to the proceeding may present evidence and testimony 
 92.32  on any of the above factors at the hearing on the matter. 
 92.33     Sec. 109.  [REPEALER.] 
 92.34     (a) Minnesota Statutes 2000, sections 103B.235, subdivision 
 92.35  3a; 115A.03, subdivision 19; 403.07, subdivision 2; 462.382; 
 92.36  462C.071, subdivision 4; 465.795, subdivision 3; 473.121, 
 93.1   subdivisions 3 and 8; 473.123; 473.125; 473.127; 473.129; 
 93.2   473.1295; 473.13; 473.132; 473.155; 473.1551; 473.156; 473.1623; 
 93.3   473.164; 473.171; 473.173; 473.191; 473.23; 473.241; 473.242; 
 93.4   473.243; 473.244; 473.245; 473.247; and 473.249, are repealed. 
 93.5      Sec. 110.  [EFFECTIVE DATE.] 
 93.6      This article is effective July 1, 2002. 
 93.7                              ARTICLE 2 
 93.8                         PARKS AND OPEN SPACE 
 93.9      Section 1.  Minnesota Statutes 2000, section 473.121, 
 93.10  subdivision 5a, is amended to read: 
 93.11     Subd. 5a.  [METROPOLITAN AGENCY.] "Metropolitan agency" 
 93.12  means the ~~metropolitan parks and open space commission,~~ 
 93.13  metropolitan airports commission~~,~~ and the metropolitan sports 
 93.14  facilities commission. 
 93.15     Sec. 2.  Minnesota Statutes 2000, section 473.121, 
 93.16  subdivision 14, is amended to read: 
 93.17     Subd. 14.  [REGIONAL RECREATION OPEN SPACE.] "Regional 
 93.18  recreation open space" means land and water areas, or interests 
 93.19  therein, and facilities determined by the ~~metropolitan council~~ 
 93.20  office of strategic and long-range planning to be of regional 
 93.21  importance in providing for a balanced system of public outdoor 
 93.22  recreation for the metropolitan area, including but not limited 
 93.23  to park reserves, major linear parks and trails, large 
 93.24  recreation parks, and conservatories, zoos, and other special 
 93.25  use facilities. 
 93.26     Sec. 3.  Minnesota Statutes 2000, section 473.147, is 
 93.27  amended to read: 
 93.28     473.147 [REGIONAL RECREATION OPEN SPACE SYSTEM POLICY 
 93.29  PLAN.] 
 93.30     Subdivision 1.  [REQUIREMENTS.] The ~~metropolitan~~ 
 93.31  ~~council~~ office after consultation with ~~the parks and open space~~ 
 93.32  ~~commission,~~ municipalities, park districts and counties in the 
 93.33  metropolitan area, and after appropriate public hearings, shall 
 93.34  prepare and adopt a long-range system policy plan for regional 
 93.35  recreation open space as part of the ~~council's~~ office's 
 93.36  metropolitan development guide.  The plan shall substantially 
 94.1   conform to all policy statements, purposes, goals, standards, 
 94.2   and maps in development guide sections and comprehensive plans 
 94.3   as developed ~~and adopted~~ by the ~~council pursuant to the chapters~~ 
 94.4   ~~of the Minnesota Statutes directly relating to the~~ 
 94.5   ~~council~~ office.  The policy plan shall identify generally the 
 94.6   areas which should be acquired by a public agency to provide a 
 94.7   system of regional recreation open space comprising park 
 94.8   district, county and municipal facilities which, together with 
 94.9   state facilities, reasonably will meet the outdoor recreation 
 94.10  needs of the people of the metropolitan area and shall establish 
 94.11  priorities for acquisition and development.  ~~In preparing or~~ 
 94.12  ~~amending the policy plan the council shall consult with and make~~ 
 94.13  ~~maximum use of the expertise of the commission.~~  The policy plan 
 94.14  shall include a five year capital improvement program, which 
 94.15  shall be revised periodically, and shall establish criteria and 
 94.16  priorities for the allocation of funds for such acquisition and 
 94.17  development.  The legislature in each bonding measure shall 
 94.18  designate an anticipated level of funding for this acquisition 
 94.19  and development for each of the two succeeding bienniums.  
 94.20     Subd. 2.  [~~REVIEW, COMMENT,~~ HEARING; REVISION.] ~~Before~~ 
 94.21  ~~adopting the policy plan, the council shall submit the proposed~~ 
 94.22  ~~plan to the parks and open space commission for its review, and~~ 
 94.23  ~~the commission shall report its comments to the council within~~ 
 94.24  ~~60 days.~~  The ~~council~~ director of the office shall hold a public 
 94.25  hearing on the proposed policy plan at such time and place in 
 94.26  the metropolitan area as ~~it~~ the director shall determine.  Not 
 94.27  less than 15 days before the hearing, the ~~council~~ office shall 
 94.28  publish notice thereof in a newspaper or newspapers having 
 94.29  general circulation in the metropolitan area, stating the date, 
 94.30  time and place of hearing, and the place where the proposed 
 94.31  policy plan ~~and commission comments~~ may be examined by any 
 94.32  interested person.  At any hearing interested persons shall be 
 94.33  permitted to present their views on the policy plan, and the 
 94.34  hearing may be continued from time to time.  After ~~receipt of~~ 
 94.35  the ~~commission's report and~~ hearing, the ~~council~~ office may 
 94.36  revise the proposed plan giving appropriate consideration to all 
 95.1   comments received, and thereafter shall ~~adopt the plan by~~ 
 95.2   ~~resolution~~ make the plan final.  An amendment to the policy plan 
 95.3   may be proposed by the ~~council or by the parks and open space~~ 
 95.4   ~~commission~~ office.  At least every four years the ~~council~~ office 
 95.5   shall engage in a comprehensive review of the policy plan, 
 95.6   development guide sections, comprehensive plans, capital 
 95.7   improvement programs and other plans in substantial conformance 
 95.8   with the requirements of subdivision 1 which have been adopted 
 95.9   by the ~~council~~ office.  
 95.10     Sec. 4.  Minnesota Statutes 2000, section 473.301, 
 95.11  subdivision 2, is amended to read: 
 95.12     Subd. 2.  [POLICY PLAN.] "Policy plan" means a plan adopted 
 95.13  by the ~~council~~ office pursuant to section 473.147, generally 
 95.14  describing the extent, type and location of regional recreation 
 95.15  open space needed for the metropolitan area and the timing of 
 95.16  its acquisition and development.  
 95.17     Sec. 5.  Minnesota Statutes 2000, section 473.301, 
 95.18  subdivision 4, is amended to read: 
 95.19     Subd. 4.  [~~COMMISSION~~ OFFICE.] ~~"Commission"~~ "Office" means 
 95.20  the ~~metropolitan parks and open space commission~~ office of 
 95.21  strategic and long-range planning created by section 
 95.22  ~~473.303~~ 4A.01.  
 95.23     Sec. 6.  Minnesota Statutes 2000, section 473.313, is 
 95.24  amended to read: 
 95.25     473.313 [MASTER PLANS.] 
 95.26     Subdivision 1.  [ADOPTION.] Each park district located 
 95.27  wholly or partially within the metropolitan area, and each 
 95.28  county in the metropolitan area not wholly within a park 
 95.29  district, shall prepare, after consultation with all affected 
 95.30  municipalities, and submit to the ~~metropolitan council~~ office, 
 95.31  and from time to time revise and resubmit to the ~~council~~ office, 
 95.32  a master plan and annual budget for the acquisition and 
 95.33  development of regional recreation open space located within the 
 95.34  district or county, consistent with the ~~council's~~ office's 
 95.35  policy plan.  
 95.36     Subd. 2.  [~~COUNCIL~~ OFFICE REVIEW.] The ~~metropolitan council~~ 
 96.1   office shall review ~~with the advice of the commission,~~ each 
 96.2   master plan to determine whether it is consistent with 
 96.3   the ~~council's~~ office's policy plan.  If it is not consistent, 
 96.4   the ~~council~~ office shall return the plan with its comments to 
 96.5   the municipalities, park district or county for revision and 
 96.6   resubmittal.  
 96.7      Sec. 7.  Minnesota Statutes 2000, section 473.315, 
 96.8   subdivision 1, is amended to read: 
 96.9      Subdivision 1.  [TO METRO LOCAL GOVERNMENTS.] The 
 96.10  ~~metropolitan council with the advice of the commission~~ office 
 96.11  may make grants, from any funds available to it for recreation 
 96.12  open space purposes, to any municipality, park district or 
 96.13  county located wholly or partially within the metropolitan area 
 96.14  to cover the cost, or any portion of the cost, of acquiring or 
 96.15  developing regional recreation open space in accordance with the 
 96.16  policy plan; and all such agencies may enter into contracts for 
 96.17  this purpose or rights or interests therein.  The cost of 
 96.18  acquisition shall include any payments required for relocation 
 96.19  pursuant to sections 117.50 to 117.56. 
 96.20     Sec. 8.  Minnesota Statutes 2000, section 473.334, 
 96.21  subdivision 1, is amended to read: 
 96.22     Subdivision 1.  [GENERALLY.] In determining the special 
 96.23  benefit received by regional recreation open space system 
 96.24  property as defined in sections 473.301 to 473.351 from an 
 96.25  improvement for which a special assessment upon an implementing 
 96.26  agency as defined in section 473.351 is determined, the 
 96.27  governing body shall not consider any use of the property other 
 96.28  than as regional recreation open space property at the time the 
 96.29  special assessment is determined.  The ~~metropolitan council~~ 
 96.30  implementing agency shall not be bound by the determination of 
 96.31  the governing body of the city but may pay a lesser amount, as 
 96.32  agreed upon by the ~~metropolitan council~~ implementing agency and 
 96.33  the governing body of the city, as they determine is the measure 
 96.34  of benefit to the land from the improvement. 
 96.35     Sec. 9.  Minnesota Statutes 2000, section 473.341, is 
 96.36  amended to read: 
 97.1      473.341 [TAX EQUIVALENTS.] 
 97.2      In the year in which ~~the metropolitan council or~~ an 
 97.3   implementing agency as defined in section 473.351 acquires fee 
 97.4   title to any real property included in the regional recreation 
 97.5   open space system, the ~~metropolitan council shall grant~~ 
 97.6   ~~sufficient funds to the appropriate~~ implementing agency ~~to~~ must 
 97.7   make the tax equivalent payment required in this section.  The 
 97.8   ~~council~~ implementing agency shall determine the total amount of 
 97.9   property taxes levied on the real property for municipal or 
 97.10  township purposes for collection in the year in which title 
 97.11  passed.  The municipality or township in which the real property 
 97.12  is situated shall be paid 180 percent of the total tax amount 
 97.13  determined by the ~~council~~ implementing agency.  If the 
 97.14  implementing agency has granted a life estate to the seller of 
 97.15  the real property and the seller is obligated to pay property 
 97.16  taxes on the property, this tax equivalent shall not be paid 
 97.17  until the life estate ends.  All amounts paid pursuant to this 
 97.18  section are costs of acquisition of the real property acquired. 
 97.19     Sec. 10.  Minnesota Statutes 2000, section 473.351, is 
 97.20  amended to read: 
 97.21     473.351 [METROPOLITAN AREA REGIONAL PARKS FUNDING.] 
 97.22     Subdivision 1.  [DEFINITIONS.] The definitions in this 
 97.23  subdivision apply to this section.  
 97.24     (a) "Implementing agency" means the counties of Anoka, 
 97.25  Washington, Ramsey, Scott, Carver, Dakota, the city of St. Paul, 
 97.26  the city of Bloomington, the Minneapolis park and recreation 
 97.27  board, and the Hennepin county park reserve district. 
 97.28     (b) "Operation and maintenance expenditures" means the cost 
 97.29  of providing for the operation and maintenance of waters, lands, 
 97.30  and facilities that are a part of the metropolitan area regional 
 97.31  park and open space system, including but not limited to, the 
 97.32  provision of fire, police, maintenance, forestry, rehabilitation 
 97.33  expenses pertaining to routine care, and the allocation of the 
 97.34  administrative overhead costs of the regional park and open 
 97.35  space systems.  
 97.36     (c) "Operation and maintenance money" means money 
 98.1   appropriated by the legislature to the ~~commissioner of trade and~~ 
 98.2   ~~economic development~~ office for distribution ~~by the metropolitan~~ 
 98.3   ~~council~~. 
 98.4      (d) "Regional recreation open space systems" means those 
 98.5   parks that have been so designated by the metropolitan council 
 98.6   under section 473.145 before January 1, 2000. 
 98.7      Subd. 2.  [~~METROPOLITAN COUNCIL~~ DNR OBLIGATION.] Annually 
 98.8   before August 1 ~~the metropolitan council shall distribute grant~~ 
 98.9   ~~money received from~~ the commissioner of natural resources shall 
 98.10  distribute grant money to fund the operation and maintenance 
 98.11  expenditures of the implementing agencies for the operation and 
 98.12  maintenance of regional park and open space systems.  
 98.13  The ~~metropolitan council~~ commissioner of natural resources shall 
 98.14  annually report to the legislature the amount distributed to 
 98.15  each implementing agency and its estimate of the percentage of 
 98.16  operation and maintenance expenditures paid for with operation 
 98.17  and maintenance money. 
 98.18     Subd. 3.  [ALLOCATION FORMULA.] By July 1 of every year 
 98.19  each implementing agency must submit to the ~~metropolitan parks~~ 
 98.20  ~~and open space commission~~ commissioner a statement of the next 
 98.21  annual anticipated operation and maintenance expenditures of the 
 98.22  regional recreation open space parks systems within their 
 98.23  respective jurisdictions and the previous year's actual 
 98.24  expenditures.  After reviewing the actual expenditures submitted 
 98.25  and by July 15 of each year, the ~~parks and open space commission~~ 
 98.26  ~~shall forward to the metropolitan council the funding requests~~ 
 98.27  ~~from the implementing agencies based on the actual expenditures~~ 
 98.28  ~~made.  The metropolitan council~~ commissioner shall distribute 
 98.29  the operation and maintenance money as follows: 
 98.30     (1) 40 percent based on the use that each implementing 
 98.31  agency's regional recreation open space system has in proportion 
 98.32  to the total use of the metropolitan regional recreation open 
 98.33  space system; 
 98.34     (2) 40 percent based on the operation and maintenance 
 98.35  expenditures made in the previous year by each implementing 
 98.36  agency in proportion to the total operation and maintenance 
 99.1   expenditures of all of the implementing agencies; and 
 99.2      (3) 20 percent based on the acreage that each implementing 
 99.3   agency's regional recreation open space system has in proportion 
 99.4   to the total acreage of the metropolitan regional recreation 
 99.5   open space system.  The 80 percent natural resource management 
 99.6   land acreage of the park reserves must be divided by four in 
 99.7   calculating the distribution under this clause. 
 99.8      Each implementing agency must receive no less than 40 
 99.9   percent of its actual operation and maintenance expenses to be 
 99.10  incurred in the current calendar year budget as submitted to the 
 99.11  parks and open space commission.  If the available operation and 
 99.12  maintenance money is less than the total amount determined by 
 99.13  the formula including the preceding, the implementing agencies 
 99.14  will share the available money in proportion to the amounts they 
 99.15  would otherwise be entitled to under the formula. 
 99.16     Subd. 4.  [IMPLEMENTING AGENCY CONTROL.] This section does 
 99.17  not affect, change, alter, transfer, or modify the governance, 
 99.18  administration, jurisdiction, or control of the implementing 
 99.19  agencies over the parks, water, lands, and facilities they 
 99.20  presently or in the future may administer, govern, or control, 
 99.21  nor the employment relationship between the implementing 
 99.22  agencies and their present and future employees. 
 99.23     Subd. 6.  [RESTRICTION.] A metropolitan area regional park 
 99.24  receiving grant money for maintenance and operation costs must 
 99.25  agree: 
 99.26     (1) to sell or promote licenses, passes, or registrations 
 99.27  required to engage in recreational activities appropriate to the 
 99.28  park or the site of the park when a building on the park site is 
 99.29  staffed and open to the public; and 
 99.30     (2) to provide drinking water supplies adequate for the 
 99.31  recreational uses of the park.  Each implementing agency must 
 99.32  consult with groups representing users of its parks to determine 
 99.33  the adequacy of drinking water supplies. 
 99.34     Sec. 11.  [BONDS.] 
 99.35     Bonds authorized by Minnesota Statutes, sections 473.325 
 99.36  and 473.326 that are outstanding on the effective date of this 
100.1   article must be paid and retired according to those sections and 
100.2   the terms of the bonds.  The auditors of the metropolitan 
100.3   counties shall see to the administration of this section. 
100.4      Sec. 12.  [SUCCESSORS; ASSET ALLOCATION.] 
100.5      (a) The implementing agency as defined in Minnesota 
100.6   Statutes, section 473.351, or if none, the municipality, as 
100.7   defined in Minnesota Statutes, section 473.301, in which is 
100.8   located park or open space land owned by the metropolitan 
100.9   council or the metropolitan parks and open space commission on 
100.10  the effective date of this article, is the successor to all 
100.11  right, title, and interest in the park or open space. 
100.12     (b) Assets of the metropolitan council or metropolitan 
100.13  parks and open space commission attributable to the regional 
100.14  recreation open space systems defined in Minnesota Statutes, 
100.15  section 473.351, shall be allocated to those implementing 
100.16  agencies or municipalities by the commissioner of natural 
100.17  resources using the allocation formula in Minnesota Statutes, 
100.18  section 473.351. 
100.19     Sec. 13.  [TAX EQUIVALENTS.] 
100.20     If tax equivalents under Minnesota Statutes, section 
100.21  473.341, are owed by an implementing agency as defined in 
100.22  Minnesota Statutes, section 473.351, to a municipality as 
100.23  defined in Minnesota Statutes, section 473.301, that is not an 
100.24  implementing agency, on the termination of a life estate, the 
100.25  implementing agency must make the payment. 
100.26     Sec. 14.  [REPEALER.] 
100.27     Minnesota Statutes 2000, sections 473.121, subdivision 12; 
100.28  473.303; 473.315, subdivision 2; 473.325; 473.326; and 473.333, 
100.29  are repealed. 
100.30     Sec. 15.  [EFFECTIVE DATE.] 
100.31     This article is effective July 1, 2002. 
100.32                             ARTICLE 3 
100.33                           TRANSPORTATION 
100.34     Section 1.  Minnesota Statutes 2000, section 117.57, 
100.35  subdivision 3, is amended to read: 
100.36     Subd. 3.  [RELATION TO REGIONAL RAILROAD AUTHORITIES.] An 
101.1   authority shall not be adjudged to have a superior public use to 
101.2   that of a regional railroad authority as defined in section 
101.3   398A.01, a railroad property which has been identified and 
101.4   approved as a light rail corridor by the former metropolitan 
101.5   council under chapter 473, or a state trail covered by section 
101.6   85.015. 
101.7      Sec. 2.  Minnesota Statutes 2000, section 160.265, 
101.8   subdivision 1, is amended to read: 
101.9      Subdivision 1.  [STATE BIKEWAYS.] The commissioner of 
101.10  transportation shall establish a program for the development of 
101.11  bikeways primarily on existing road rights-of-way.  The program 
101.12  shall include a system of bikeways to be established, developed, 
101.13  maintained, and operated by the commissioner of transportation 
101.14  and a system of state grants for the development of local 
101.15  bikeways primarily on existing road rights-of-way.  The program 
101.16  shall be coordinated with the local park trail grant program 
101.17  pursuant to section 85.019, with the bicycle trail program 
101.18  established by the commissioner of natural resources pursuant to 
101.19  section 85.016, with the development of the statewide 
101.20  transportation plan pursuant to section 174.03, and with 
101.21  existing and proposed local bikeways.  In the metropolitan area 
101.22  as defined in section 473.121, the program shall be developed in 
101.23  accordance with plans and priorities established by the 
101.24  ~~metropolitan council~~ office of strategic and long-range planning.
101.25  The program shall be developed after consultation with the state 
101.26  trail council, local units of government, and bicyclist 
101.27  organizations.  The program shall be administered in accordance 
101.28  with the provisions of sections 160.262 to 160.264 and standards 
101.29  promulgated pursuant thereto.  The commissioner shall compile 
101.30  and maintain a current registry of bikeways in the state and 
101.31  shall publish and distribute the information contained in the 
101.32  registry in a form and manner suitable to assist persons wishing 
101.33  to use the bikeways.  The ~~metropolitan council~~ office of 
101.34  strategic and long-range planning, the commissioner of natural 
101.35  resources, the commissioner of trade and economic development, 
101.36  the Minnesota historical society, and local units of government 
102.1   shall cooperate with and assist the commissioner of 
102.2   transportation in preparing the registry.  The commissioner 
102.3   shall have all powers necessary and convenient to establish the 
102.4   program pursuant to this section including but not limited to 
102.5   the authority to adopt rules pursuant to chapter 14. 
102.6      Sec. 3.  Minnesota Statutes 2000, section 161.17, 
102.7   subdivision 2, is amended to read: 
102.8      Subd. 2.  [INTERSTATE SYSTEM.] (a) It is hereby declared 
102.9   that construction of the interstate system of highways will 
102.10  vitally affect the future development of the cities through 
102.11  which these routes pass and such municipalities should have an 
102.12  important role in the development of this highway system; that 
102.13  on the other hand the future planning and programming of 
102.14  construction projects over a period of years is necessary to 
102.15  take maximum advantage of federal aid and to build a unified and 
102.16  coordinated interstate system; that excessive delay in local 
102.17  approval of plans for construction of one segment may seriously 
102.18  impede completion of the entire system and adversely affect 
102.19  other municipalities along the interstate routes; that the 
102.20  mutual exchange of information and close cooperation between the 
102.21  department and local governing bodies should be encouraged by 
102.22  improved administrative processes for securing orderly review of 
102.23  plans and the resolution of differences over interstate routes 
102.24  and projects; and that the provisions of sections 161.171 to 
102.25  161.177 for local approval of trunk highway plans must be 
102.26  modified for the interstate highway system in the light of these 
102.27  various considerations.  Before proceeding with the preparation 
102.28  of the final plans for the construction, reconstruction, or 
102.29  improvement of any route on the interstate system lying within 
102.30  any city, the commissioner shall submit to its governing body 
102.31  preliminary plans covering the route location.  The preliminary 
102.32  plans shall be submitted as part of a report containing such 
102.33  supporting data that the commissioner deems helpful to the 
102.34  governing body in appraising the plans submitted. 
102.35     (b) Any public hearing on location of an interstate route 
102.36  held in compliance with federal requirements shall be held at 
103.1   least one month after submission to the governing body of the 
103.2   report provided for in this subdivision.  After the public 
103.3   hearing and on preparing final plans, the commissioner shall 
103.4   submit the final plans to the governing body for approval.  If 
103.5   the governing body does not approve the final plans within three 
103.6   months after submitted, the commissioner may refer the plans to 
103.7   (1) the ~~Twin Cities Metropolitan Area Planning Commission~~ office 
103.8   of strategic and long-range planning, if the project is within 
103.9   the metropolitan area ~~of its jurisdiction~~ as defined in section 
103.10  473.121, subdivision 2, or (2) the municipal advisory committee 
103.11  on state-aid rules established under section 162.09, subdivision 
103.12  2, if the project is elsewhere in the state.  If a member of the 
103.13  advisory committee is from the municipality concerned that 
103.14  member shall be excused.  If the plans are so referred, the 
103.15  commission or committee shall give the commissioner and the 
103.16  governing body ample opportunity to present the case for or 
103.17  against approval of the plans so referred.  Not later than three 
103.18  months after such hearings and independent study as it deems 
103.19  desirable, it shall approve or disapprove such plans, making 
103.20  such additional recommendations consistent with state and 
103.21  federal requirements as it deems appropriate, and it shall 
103.22  submit a written report containing its findings and 
103.23  recommendations to the commissioner and the governing body.  The 
103.24  commissioner shall not proceed with the proposed construction, 
103.25  reconstruction, or improvement except in accordance with plans 
103.26  approved by the governing body or, if referred to the commission 
103.27  or committee, until after the commission or committee has made 
103.28  its report, and then only after the governing body has had an 
103.29  additional 90 days within which to consider the plans originally 
103.30  submitted or such modified plans as may be submitted to it by 
103.31  the commissioner following the report of the commission or 
103.32  committee.  If within such 90-day period, the governing body 
103.33  does not approve the plans submitted to it, and if the 
103.34  commissioner then wishes to proceed with the project according 
103.35  to plans differing substantially from the plans recommended by 
103.36  the commission or committee in its report, the commissioner 
104.1   shall, before proceeding with the project, file a written report 
104.2   with the commission or committee and the governing body stating 
104.3   fully the reasons for doing so.  Whenever plans are referred to 
104.4   the ~~Twin Cities Metropolitan Area Planning Commission~~ office of 
104.5   strategic and long-range planning, the ~~commission~~ office shall 
104.6   be reimbursed from the trunk highway fund for actual and 
104.7   necessary expenses incurred by the commission in staff work 
104.8   incident to consideration of plans and action thereon by 
104.9   the ~~commission~~ office.  Whenever plans are referred to the 
104.10  advisory committee on rules, members of the committee shall be 
104.11  paid their necessary expenses to the same extent and in the same 
104.12  manner as for its duties in considering the commissioner's rules.
104.13     Sec. 4.  Minnesota Statutes 2000, section 161.171, 
104.14  subdivision 5, is amended to read: 
104.15     Subd. 5.  [METROPOLITAN AREA.] "Metropolitan area" includes 
104.16  the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 
104.17  and Washington~~, presently under the jurisdiction, for~~ 
104.18  ~~metropolitan area planning and coordination purposes, of the~~ 
104.19  ~~metropolitan council established pursuant to chapter 473, which~~ 
104.20  ~~council is hereinafter referred to as "agency"~~. 
104.21     Sec. 5.  Minnesota Statutes 2000, section 161.173, is 
104.22  amended to read: 
104.23     161.173 [SUBMISSION OF CORRIDOR PROPOSAL.] 
104.24     The commissioner shall submit to the governing body of each 
104.25  municipality wherein a trunk highway is proposed to be 
104.26  constructed or improved, and to the governing body of each 
104.27  municipality adjacent to any such municipality, a report 
104.28  containing:  a statement of the need for this proposed 
104.29  construction or improvement, a description of alternate routes 
104.30  which were considered by the commissioner and an explanation of 
104.31  the advantages and disadvantages in the selection of any route 
104.32  considered.  The report shall also contain for each alternate, 
104.33  the following information:  general alignment and profile, 
104.34  approximate points of access, highway classification, an 
104.35  approximate cost estimate, relation to existing and planned 
104.36  regional and local development and to other transportation 
105.1   routes and facilities, and a statement of the expected general 
105.2   effect on present and future use of the property within the 
105.3   corridor.  Where a state trunk highway is proposed to be 
105.4   constructed or improved within the metropolitan area, a copy of 
105.5   the report shall also be submitted to the ~~metropolitan~~ 
105.6   ~~council~~ office of strategic and long-range planning.  In all 
105.7   areas of the state a copy of the report shall be sent to 
105.8   established regional, county and municipal planning commissions 
105.9   in the area affected by the highway project.  Not less than 45 
105.10  nor more than 90 days, or as otherwise mutually agreed, after 
105.11  the report has been submitted, the commissioner shall hold a 
105.12  public hearing on the proposed highway construction or 
105.13  improvement at such time and place within any municipality 
105.14  wherein a portion of the proposed construction or improvement is 
105.15  located, as the commissioner shall determine.  Not less than 30 
105.16  days before the hearing the commissioner shall mail notice 
105.17  thereof to the governing body of each municipality or agency 
105.18  entitled to receive a copy of the report, and shall cause notice 
105.19  of the hearing to be published at least once each week for two 
105.20  successive weeks in a newspaper or newspapers having general 
105.21  circulation in such municipalities, the second publication to be 
105.22  not less than five days before the date of the hearing.  The 
105.23  notice shall state the date, time, place and purpose of the 
105.24  hearing, shall describe the proposed or actual general location 
105.25  of the highway to be constructed or improved, and shall state 
105.26  where the report may be inspected prior to the hearing by any 
105.27  interested person.  The hearing shall be conducted by the 
105.28  commissioner or the commissioner's designee, and shall be 
105.29  transcribed and a record thereof mailed to each municipality or 
105.30  agency entitled to receive a copy of the report.  All interested 
105.31  persons shall be permitted to present their views on the 
105.32  proposed highway construction or improvement.  The hearing may 
105.33  be continued as often as necessary.  Within 120 days after the 
105.34  hearing is completed, the governing body of each municipality or 
105.35  agency entitled to receive a copy of the report shall submit to 
105.36  the commissioner its approval or disapproval of the report.  If 
106.1   all or any part of the report is disapproved, the municipality 
106.2   or agency shall state the reasons for such disapproval and 
106.3   suggested changes in the report.  The commissioner shall, before 
106.4   preparing additional plans for the proposed highway construction 
106.5   or improvement, submit to the governing body of each 
106.6   municipality or agency disapproving the report, a statement 
106.7   accepting or rejecting any suggested changes and the reasons for 
106.8   acceptance or rejection. 
106.9      Sec. 6.  Minnesota Statutes 2000, section 161.174, is 
106.10  amended to read: 
106.11     161.174 [SUBMISSION OF LAYOUT PLANS.] 
106.12     The commissioner shall submit to the governing body of each 
106.13  municipality wherein a highway is proposed to be constructed or 
106.14  improved, a proposed layout plan for the highway construction or 
106.15  improvement containing:  the proposed location, elevation, width 
106.16  and geometrics of the construction or improvement, together with 
106.17  a statement of the reasons therefor.  Said plan shall also 
106.18  contain:  approximate right-of-way limits; a tentative schedule 
106.19  for right-of-way acquisition, if known; proposed access points; 
106.20  frontage roads; separation structures and interchanges; location 
106.21  of utilities, when known; landscaping, illumination, a tentative 
106.22  construction schedule, if known; and the estimated cost of the 
106.23  construction or improvement.  The commissioner shall submit more 
106.24  than one layout plan.  Each such plan shall also be submitted to 
106.25  the ~~metropolitan council~~ office of strategic and long-range 
106.26  planning if any portion of the proposed highway construction or 
106.27  improvement is located in the metropolitan area.  In all areas 
106.28  of the state a copy of the layout plan shall be sent to 
106.29  established regional, county and municipal planning commissions 
106.30  in the area affected by the highway project.  Not less than 90 
106.31  nor more than 120 days after said plan has been submitted, the 
106.32  commissioner shall hold a public hearing on the proposed highway 
106.33  construction or improvement at such time and place within any 
106.34  municipality wherein a portion of the construction or 
106.35  improvement is located, as the commissioner shall determine.  
106.36  The hearing shall be noticed, held and conducted in the manner 
107.1   provided in section 161.173, except that the commissioner shall 
107.2   mail notice of the hearing only to those municipalities and 
107.3   agencies entitled to receive a copy of the layout plan.  The 
107.4   hearing shall be transcribed and a record thereof made available 
107.5   to each municipality or agency entitled to receive a copy of 
107.6   said plan.  Within 180 days after the hearing is completed, the 
107.7   commissioner shall formally adopt a layout plan.  A copy of the 
107.8   layout plan as adopted shall be submitted to each municipality 
107.9   or agency entitled to receive a copy of the proposed plan, 
107.10  together with the reasons for any change in the plan as 
107.11  presented at the hearing.  Within 120 days after the receipt of 
107.12  the adopted layout plan, each such municipality or agency shall 
107.13  submit to the commissioner its approval or disapproval of the 
107.14  layout plan and the reasons for such disapproval, and proposed 
107.15  alternatives, which may include a recommendation of no highway.  
107.16  Such alternatives submitted by a municipality located within the 
107.17  metropolitan area shall, upon request of the municipality, be 
107.18  reviewed by the ~~metropolitan council~~ office of strategic and 
107.19  long-range planning in order to determine whether such 
107.20  alternatives are likely to meet minimum federal requirements.  
107.21  The ~~metropolitan council~~ office is authorized to provide 
107.22  whatever assistance it deems advisable to the submitting 
107.23  municipality in order to assist it in arriving at an alternative 
107.24  which meets minimum federal requirements.  If said plan or any 
107.25  part thereof is not disapproved within such period, the 
107.26  commissioner may proceed to prepare final construction plans and 
107.27  specifications for the highway construction or improvement 
107.28  consistent with the adopted layout plan, and may acquire the 
107.29  necessary right-of-way.  If the layout plan or any part thereof 
107.30  is disapproved by any municipality or agency, and the 
107.31  commissioner determines to proceed with the plan without 
107.32  modifications, the commissioner shall proceed in the manner 
107.33  provided in section 161.175.  On determining to proceed with the 
107.34  plan with modifications, the commissioner shall submit the 
107.35  modified layout plan to the municipalities and agencies entitled 
107.36  to receive the original layout plan in the manner described 
108.1   above, for approval or disapproval by each such municipality or 
108.2   agency within 60 days after receipt of the modified layout 
108.3   plan.  If the modified layout plan or any part thereof is not 
108.4   disapproved by any municipality or agency within 60 days after 
108.5   its receipt, the commissioner may proceed to prepare final 
108.6   construction plans and specifications consistent with the 
108.7   modified layout plan, and may acquire the necessary 
108.8   right-of-way.  If the modified plan is disapproved by any 
108.9   municipality and the commissioner determines to proceed with the 
108.10  plan without additional modification, the commissioner shall 
108.11  proceed in the manner provided in section 161.175.  If the 
108.12  layout plan is disapproved, either as originally submitted or as 
108.13  modified and the commissioner does not act pursuant to section 
108.14  161.175, within one year from the date of the completion of the 
108.15  hearing, any objecting municipality entitled to receive a copy 
108.16  of the layout plan by virtue of this section may invoke the 
108.17  appellate procedure pursuant to section 161.175, in the same 
108.18  manner as the same might be invoked by the commissioner.  In the 
108.19  event the appellate procedure is invoked by either the 
108.20  commissioner or the municipality, the commissioner shall hold a 
108.21  public hearing prior to the appointment of an appeal board.  
108.22  Such hearing shall be limited to the proposed alternative layout 
108.23  plans. 
108.24     Sec. 7.  Minnesota Statutes 2000, section 162.09, 
108.25  subdivision 4, is amended to read: 
108.26     Subd. 4.  [FEDERAL CENSUS IS CONCLUSIVE.] (a) In 
108.27  determining whether any city has a population of 5,000 or more, 
108.28  the last federal census shall be conclusive, except as otherwise 
108.29  provided in this subdivision.  
108.30     (b) A city that has previously been classified as having a 
108.31  population of 5,000 or more for the purposes of chapter 162 and 
108.32  whose population decreases by less than 15 percent from the 
108.33  census figure that last qualified the city for inclusion shall 
108.34  receive the following percentages of its 1981 apportionment for 
108.35  the years indicated:  1982, 66 percent and 1983, 33 percent.  
108.36  Thereafter the city shall not receive any apportionment from the 
109.1   municipal state-aid street fund unless its population is 
109.2   determined to be 5,000 or over by a federal census.  The 
109.3   governing body of the city may contract with the United States 
109.4   Bureau of the Census to take one special census before January 
109.5   1, 1986.  A certified copy of the results of the census shall be 
109.6   filed with the appropriate state authorities by the city.  The 
109.7   result of the census shall be the population of the city for the 
109.8   purposes of any law providing that population is a required 
109.9   qualification for distribution of highway aids under chapter 
109.10  162.  The special census shall remain in effect until the 1990 
109.11  federal census is completed and filed.  The expense of taking 
109.12  the special census shall be paid by the city.  
109.13     (c) If an entire area not heretofore incorporated as a city 
109.14  is incorporated as such during the interval between federal 
109.15  censuses, its population shall be determined by its 
109.16  incorporation census.  The incorporation census shall be 
109.17  determinative of the population of the city only until the next 
109.18  federal census. 
109.19     (d) The population of a city created by the consolidation 
109.20  of two or more previously incorporated cities shall be 
109.21  determined by the most recent population estimate of the 
109.22  ~~metropolitan council or~~ state demographer, until the first 
109.23  federal decennial census or special census taken after the 
109.24  consolidation. 
109.25     (e) The population of a city that is not receiving a 
109.26  municipal state-aid street fund apportionment shall be 
109.27  determined, upon request of the city, by the most recent 
109.28  population estimate of the ~~metropolitan council or~~ state 
109.29  demographer.  A municipal state-aid street fund apportionment 
109.30  received by the city must be based on this population estimate 
109.31  until the next federal decennial census or special census. 
109.32     Sec. 8.  Minnesota Statutes 2000, section 169.781, 
109.33  subdivision 1, is amended to read: 
109.34     Subdivision 1.  [DEFINITIONS.] For purposes of sections 
109.35  169.781 to 169.783: 
109.36     (a) "Commercial motor vehicle" means: 
110.1      (1) a commercial motor vehicle as defined in section 
110.2   169.01, subdivision 75, paragraph (a); and 
110.3      (2) each vehicle in a combination of more than 26,000 
110.4   pounds. 
110.5      "Commercial motor vehicle" does not include (1) a school 
110.6   bus or Head Start bus displaying a certificate under section 
110.7   169.451, (2) a bus operated by the ~~metropolitan council~~ 
110.8   department of transportation or by a local transit commission 
110.9   created in chapter 458A, or (3) a motor vehicle with a gross 
110.10  weight of not more than 26,000 pounds, carrying in bulk tanks a 
110.11  total of not more than 200 gallons of petroleum products or 
110.12  liquid fertilizer or pesticide. 
110.13     (b) "Commissioner" means the commissioner of public safety. 
110.14     (c) "Owner" means a person who owns, or has control, under 
110.15  a lease of more than 30 days' duration, of one or more 
110.16  commercial motor vehicles. 
110.17     (d) "Storage semitrailer" means a semitrailer that (1) is 
110.18  used exclusively to store property at a location not on a street 
110.19  or highway, (2) does not contain any load when moved on a street 
110.20  or highway, (3) is operated only during daylight hours, and (4) 
110.21  is marked on each side of the semitrailer "storage only" in 
110.22  letters at least six inches high. 
110.23     (e) "Building mover vehicle" means a vehicle owned or 
110.24  leased by a building mover as defined in section 221.81, 
110.25  subdivision 1, paragraph (a), and used exclusively for moving 
110.26  buildings. 
110.27     Sec. 9.  Minnesota Statutes 2000, section 169.791, 
110.28  subdivision 5, is amended to read: 
110.29     Subd. 5.  [EXEMPTIONS.] Buses or other commercial vehicles 
110.30  operated by the ~~metropolitan council~~ department of 
110.31  transportation, commercial vehicles required to file proof of 
110.32  insurance pursuant to chapter 221, and school buses as defined 
110.33  in section 171.01, subdivision 21, are exempt from this section. 
110.34     Sec. 10.  Minnesota Statutes 2000, section 169.792, 
110.35  subdivision 11, is amended to read: 
110.36     Subd. 11.  [EXEMPTIONS.] Buses or other commercial vehicles 
111.1   operated by the ~~metropolitan council~~ department of 
111.2   transportation, commercial vehicles required to file proof of 
111.3   insurance pursuant to chapter 221, and school buses as defined 
111.4   in section 171.01, subdivision 21, are exempt from this section. 
111.5      Sec. 11.  Minnesota Statutes 2000, section 174.03, 
111.6   subdivision 1, is amended to read: 
111.7      Subdivision 1.  [STATEWIDE TRANSPORTATION PLAN; PRIORITIES; 
111.8   SCHEDULE OF EXPENDITURES.] In order to best meet the present and 
111.9   future transportation needs of the public, to insure a strong 
111.10  state economy, to make most efficient use of public and private 
111.11  funds, and to promote the more efficient use of energy and other 
111.12  resources for transportation purposes, the commissioner shall: 
111.13     (1) three months after notification that the department is 
111.14  ready to commence operations and prior to the drafting of the 
111.15  statewide transportation plan the commissioner shall hold public 
111.16  hearings as may be appropriate solely for the purpose of 
111.17  receiving suggestions for future transportation alternatives and 
111.18  priorities for the state.  The ~~metropolitan council,~~ regional 
111.19  development commissions and port authorities shall appear at the 
111.20  hearings and submit information concerning 
111.21  transportation-related planning undertaken and accomplished by 
111.22  these agencies.  Other political subdivisions may appear and 
111.23  submit such information at the hearings.  These hearings shall 
111.24  be completed no later than six months from the date of the 
111.25  commissioner's notification; 
111.26     (2) develop, adopt, revise and monitor a statewide 
111.27  transportation plan, taking into account the suggestions and 
111.28  information submitted at the public hearings held pursuant to 
111.29  clause (1).  The plan shall incorporate all modes of 
111.30  transportation and provide for the interconnection and 
111.31  coordination of different modes of transportation.  The 
111.32  commissioner shall evaluate alternative transportation programs 
111.33  and facilities proposed for inclusion in the plan in terms of 
111.34  economic costs and benefits, safety aspects, impact on present 
111.35  and planned land uses, environmental effects, energy efficiency, 
111.36  national transportation policies and priorities and availability 
112.1   of federal and other financial assistance; 
112.2      (3) based upon the statewide transportation plan, develop 
112.3   statewide transportation priorities and schedule authorized 
112.4   public capital improvements and other authorized public 
112.5   transportation expenditures pursuant to the priorities; 
112.6      (4) complete the plan and priorities required by this 
112.7   subdivision no later than July 1, 1978.  Upon completion of the 
112.8   plan and priorities, the commissioner shall prepare and 
112.9   periodically revise, as necessary, the schedule of authorized 
112.10  public transportation expenditures.  The plan, priorities and 
112.11  schedule are exempt from the provisions of the Administrative 
112.12  Procedure Act. 
112.13     Sec. 12.  Minnesota Statutes 2000, section 174.03, 
112.14  subdivision 4, is amended to read: 
112.15     Subd. 4.  [OTHER DUTIES.] The commissioner shall: 
112.16     (1) construct and maintain transportation facilities as 
112.17  authorized by law; 
112.18     (2) cooperate with, and may provide technical and financial 
112.19  assistance to, ~~the metropolitan council and~~ regional development 
112.20  commissions in the regional transportation planning process, in 
112.21  accordance with mutually acceptable terms and conditions; 
112.22     (3) cooperate with and may provide planning and technical 
112.23  assistance upon the request of any political subdivision or 
112.24  other governmental agency in accordance with mutually accepted 
112.25  terms and conditions, except as otherwise restricted by law; and 
112.26     (4) develop, revise and monitor a statewide rail 
112.27  transportation plan as part of the statewide transportation 
112.28  planning process, including a study and evaluation of 
112.29  alternative methods for insuring adequate and economical 
112.30  transportation of agricultural commodities, supplies and other 
112.31  goods to and from rural areas of the state.  The plan shall 
112.32  include an analysis of rail lines in the state for the purpose 
112.33  of determining:  (i) eligibility of rail lines for assistance 
112.34  under federal and state rail assistance programs; (ii) 
112.35  eligibility of rail lines for inclusion in the state rail bank; 
112.36  and (iii) the actions required by the state to insure the 
113.1   continuation of rail service that meets essential state needs 
113.2   and objectives. 
113.3      Sec. 13.  Minnesota Statutes 2000, section 174.03, 
113.4   subdivision 5, is amended to read: 
113.5      Subd. 5.  [REGIONAL TRANSPORTATION PLANNING.] The 
113.6   ~~metropolitan council~~ office of strategic and long-range 
113.7   planning, pursuant to section 473.146, and the regional 
113.8   development commissions shall develop regional long-range 
113.9   transportation policy plans in cooperation with the commissioner 
113.10  and local units of government.  Upon promulgation of the 
113.11  statewide transportation plan, and periodically as necessary 
113.12  thereafter, each regional policy plan shall be reviewed and 
113.13  amended, if necessary, by the appropriate regional agency to 
113.14  insure that the regional policy plan is not in conflict with the 
113.15  statewide transportation plan. 
113.16     Sec. 14.  Minnesota Statutes 2000, section 174.03, 
113.17  subdivision 6a, is amended to read: 
113.18     Subd. 6a.  [ECONOMIC ANALYSIS OF NONHIGHWAY ALTERNATIVES.] 
113.19  If the commissioner considers congestion pricing, tolls, mileage 
113.20  pricing, or public-private partnerships in order to meet the 
113.21  transportation needs of commuters in the department's 
113.22  metropolitan district between 2001 and 2020, the commissioner 
113.23  shall, in cooperation with ~~the metropolitan council and~~ the 
113.24  regional railroad authorities in the district, compare the 
113.25  economics of these financing methods with the economics of 
113.26  nonhighway alternatives for moving commuters.  The commissioner 
113.27  shall analyze the economics as they relate to both individuals 
113.28  and to the transportation system. 
113.29     Sec. 15.  Minnesota Statutes 2000, section 174.031, 
113.30  subdivision 3, is amended to read: 
113.31     Subd. 3.  [STUDIES COMMISSIONED.] (a) On and after August 
113.32  1, 1985, the commissioner shall enter into agreements with 
113.33  regional development commissions by which the commissions will 
113.34  conduct studies of highway jurisdiction in each region.  The 
113.35  studies must include: 
113.36     (1) the jurisdiction of each road in the region; 
114.1      (2) criteria for changes in jurisdiction, based on the 
114.2   commissioner's guidelines; 
114.3      (3) jurisdictional changes actually made since January 1, 
114.4   1985; 
114.5      (4) recommended changes in jurisdiction based on the 
114.6   criteria; 
114.7      (5) changes in financial obligations resulting from the 
114.8   recommended jurisdictional change, based on the commissioner's 
114.9   guidelines; 
114.10     (6) estimated effects of the recommended jurisdictional 
114.11  changes on highway staffing needs of each level of government in 
114.12  the region; and 
114.13     (7) estimated effects of the recommended jurisdictional 
114.14  changes on law enforcement on the affected roads. 
114.15     (b) In development regions where no regional development 
114.16  commission is functioning, or where a regional development 
114.17  commission declines to enter into an agreement to perform a 
114.18  jurisdiction study, the jurisdiction study must be organized by 
114.19  a district office of the department of transportation as 
114.20  designated by the commissioner.  A district office so designated 
114.21  must act through the counties in the development region and 
114.22  through other public agencies the commissioner directs.  ~~For~~ 
114.23  ~~purposes of this section the metropolitan council is a regional~~ 
114.24  ~~development commission.~~ 
114.25     (c) The agreements must provide that each entity 
114.26  undertaking a study under this subdivision must produce and 
114.27  present to the commissioner, not later than July 31, 1987, a 
114.28  jurisdiction proposal for the region.  Each jurisdiction 
114.29  proposal must identify each instance where a proposed 
114.30  jurisdictional change is based on a factor that deviates from 
114.31  the commissioner's guidelines and explain the reasons for each 
114.32  deviation. 
114.33     (d) The commissioner shall pay not more than two-thirds of 
114.34  the cost of each study. 
114.35     Sec. 16.  Minnesota Statutes 2000, section 174.04, 
114.36  subdivision 1, is amended to read: 
115.1      Subdivision 1.  [REVIEW OF APPLICATION.] Any state agency 
115.2   which receives an application from a regional development 
115.3   commission, ~~metropolitan council,~~ public transit commission, 
115.4   airport commission, port authority or other political 
115.5   subdivision of the state, or any nonpublic organization, for 
115.6   financial assistance for transportation planning, capital 
115.7   expenditures or operations to any state or federal agency, shall 
115.8   first submit the application to the commissioner of 
115.9   transportation.  The commissioner shall review the application 
115.10  to determine whether it contains matters that substantially 
115.11  affect the statewide transportation plan and priorities.  If the 
115.12  application does not contain such matters, the commissioner 
115.13  shall within 15 days after receipt return the application to the 
115.14  applicant political subdivision or nonpublic organization for 
115.15  forwarding to the appropriate agency.  If the application 
115.16  contains such matters, the commissioner shall review and comment 
115.17  on the application as being consistent with the plan and 
115.18  priorities.  The commissioner shall return the application 
115.19  together with comments within 45 days after receipt to the 
115.20  applicant political subdivision or nonpublic organization for 
115.21  forwarding with the commissioner's comments to the appropriate 
115.22  agency. 
115.23     Sec. 17.  Minnesota Statutes 2000, section 174.04, 
115.24  subdivision 2, is amended to read: 
115.25     Subd. 2.  [DESIGNATED AGENT.] A regional development 
115.26  commission, ~~metropolitan council,~~ public transit commission, 
115.27  airport commission, port authority, or any other political 
115.28  subdivision of the state, or any nonpublic organization, may 
115.29  designate the commissioner as its agent to receive and disburse 
115.30  funds by entering into an agreement with the commissioner 
115.31  prescribing the terms and conditions of the receipt and 
115.32  expenditure of the funds in accordance with federal and state 
115.33  laws, rules, and regulations. 
115.34     Sec. 18.  Minnesota Statutes 2000, section 174.32, 
115.35  subdivision 2, is amended to read: 
115.36     Subd. 2.  [TRANSIT ASSISTANCE FUND; DISTRIBUTION.] The 
116.1   transit assistance fund receives money distributed under section 
116.2   297B.09.  Eighty percent of the receipts of the fund must be 
116.3   placed into a metropolitan account for distribution to 
116.4   recipients located in the metropolitan area and 20 percent into 
116.5   a separate account for distribution to recipients located 
116.6   outside of the metropolitan area.  ~~Except as otherwise provided~~ 
116.7   ~~in this subdivision, the metropolitan council is responsible for~~ 
116.8   ~~distributing assistance from the metropolitan account, and the~~ 
116.9   ~~commissioner is responsible for distributing assistance from the~~ 
116.10  ~~other account.~~  
116.11     Sec. 19.  Minnesota Statutes 2000, section 174.50, 
116.12  subdivision 4, is amended to read: 
116.13     Subd. 4.  [CERTIFICATION AND DISBURSAL FOR STATE PROJECT.] 
116.14  Before disbursement of an appropriation made from the fund to 
116.15  the commissioner of transportation or any other officer or 
116.16  agency of the state the commissioner shall certify to the 
116.17  commissioner of finance that the project for which the funds are 
116.18  appropriated has been reviewed by the proper regional 
116.19  development commission or the ~~metropolitan council~~ office of 
116.20  strategic and long-range planning as the case may be, for 
116.21  consistency with the long-term comprehensive development plans 
116.22  and guides for which that agency is responsible. 
116.23     Sec. 20.  Minnesota Statutes 2000, section 174.90, is 
116.24  amended to read: 
116.25     174.90 [COMMUTER RAIL OPERATION.] 
116.26     The commissioner may contract for operation of commuter 
116.27  rail facilities with ~~the metropolitan council or other~~ public or 
116.28  private entities and shall commence revenue service after an 
116.29  appropriate period of start-up to ensure satisfactory 
116.30  performance.  The commissioner shall coordinate with transit 
116.31  providers to ensure integration of the commuter rail system with 
116.32  bus and light rail transit service to avoid duplication of 
116.33  service and to ensure the greatest access to commuter rail lines 
116.34  in suburban and urban areas. 
116.35     Sec. 21.  Minnesota Statutes 2000, section 216C.15, 
116.36  subdivision 1, is amended to read: 
117.1      Subdivision 1.  [PRIORITIES AND REQUIREMENTS.] The 
117.2   commissioner shall maintain an emergency conservation and 
117.3   allocation plan.  The plan shall provide a variety of strategies 
117.4   and staged conservation measures to reduce energy use and in the 
117.5   event of an energy supply emergency, shall establish guidelines 
117.6   and criteria for allocation of fuels to priority users.  The 
117.7   plan shall contain alternative conservation actions and 
117.8   allocation plans to reasonably meet various foreseeable shortage 
117.9   circumstances and allow a choice of appropriate responses.  The 
117.10  plan shall be consistent with requirements of federal emergency 
117.11  energy conservation and allocation laws and regulations, shall 
117.12  be based on reasonable energy savings or transfers from scarce 
117.13  energy resources and shall: 
117.14     (1) give priority to individuals, institutions, 
117.15  agriculture, businesses, and public transit under contract with 
117.16  the commissioner of transportation ~~or the metropolitan council~~ 
117.17  which demonstrate they have engaged in energy-saving measures 
117.18  and shall include provisions to insure that: 
117.19     (i) immediate allocations to individuals, institutions, 
117.20  agriculture, businesses, and public transit be based on needs at 
117.21  energy conservation levels; 
117.22     (ii) successive allocations to individuals, institutions, 
117.23  agriculture, businesses, and public transit be based on needs 
117.24  after implementation of required action to increase energy 
117.25  conservation; and 
117.26     (iii) needs of individuals, institutions, and public 
117.27  transit are adjusted to insure the health and welfare of the 
117.28  young, old and infirm; 
117.29     (2) insure maintenance of reasonable job safety conditions 
117.30  and avoid environmental sacrifices; 
117.31     (3) establish programs, controls, standards, priorities or 
117.32  quotas for the allocation, conservation and consumption of 
117.33  energy resources; and for the suspension and modification of 
117.34  existing standards and the establishment of new standards 
117.35  affecting or affected by the use of energy resources, including 
117.36  those related to the type and composition of energy sources, and 
118.1   to the hours and days during which public buildings, commercial 
118.2   and industrial establishments, and other energy consuming 
118.3   facilities may or are required to remain open; 
118.4      (4) establish programs to control the use, sale or 
118.5   distribution of commodities, materials, goods or services; 
118.6      (5) establish regional programs and agreements for the 
118.7   purpose of coordinating the energy resources, programs and 
118.8   actions of the state with those of the federal government, of 
118.9   local governments, and of other states and localities; 
118.10     (6) determine at what level of an energy supply emergency 
118.11  situation the pollution control agency shall be requested to ask 
118.12  the governor to petition the president for a temporary emergency 
118.13  suspension of air quality standards as required by the Clean Air 
118.14  Act, United States Code, title 42, section 7410f; and 
118.15     (7) establish procedures for fair and equitable review of 
118.16  complaints and requests for special exemptions regarding 
118.17  emergency conservation measures or allocations. 
118.18     Sec. 22.  Minnesota Statutes 2000, section 221.022, is 
118.19  amended to read: 
118.20     221.022 [EXCEPTION.] 
118.21     The powers granted to the commissioner under sections 
118.22  221.011 to 221.296 do not include the power to regulate any 
118.23  service or vehicles operated by the ~~metropolitan council~~ 
118.24  department of transportation or to register passenger 
118.25  transportation service provided under contract to the department 
118.26  ~~or the metropolitan council~~.  A provider of passenger 
118.27  transportation service under contract to the department ~~or the~~ 
118.28  ~~metropolitan council~~ may not also provide service as a motor 
118.29  carrier of passengers without first having registered under 
118.30  section 221.0252. 
118.31     Sec. 23.  Minnesota Statutes 2000, section 221.031, 
118.32  subdivision 3a, is amended to read: 
118.33     Subd. 3a.  [CONTRACTOR OR RECIPIENT OF TRANSPORTATION 
118.34  ASSISTANCE.] (a) Notwithstanding subdivision 3, providers of 
118.35  passenger transportation service under contract to and with 
118.36  operating assistance from the department ~~or the metropolitan~~ 
119.1   ~~council~~ must comply with rules for driver qualifications; 
119.2   driving of motor vehicles; parts and accessories necessary for 
119.3   safe operation; hours of service of drivers; inspection, repair, 
119.4   and maintenance; and the rules adopted in section 221.0314, 
119.5   subdivision 8, for accident reporting.  
119.6      (b) This subdivision does not apply to (1) a local transit 
119.7   commission, (2) a transit authority created by the legislature, 
119.8   (3) special transportation service certified by the commissioner 
119.9   under section 174.30, or (4) special transportation service 
119.10  defined in section 174.29, subdivision 1, when provided by a 
119.11  volunteer driver operating a private passenger vehicle defined 
119.12  in section 169.01, subdivision 3a. 
119.13     Sec. 24.  Minnesota Statutes 2000, section 221.295, is 
119.14  amended to read: 
119.15     221.295 [NOTICE TO ~~METROPOLITAN COUNCIL~~ OFFICE OF STRATEGIC 
119.16  AND LONG-RANGE PLANNING.] 
119.17     Notwithstanding any provision of any statute to the 
119.18  contrary, the ~~metropolitan council~~ office of strategic and 
119.19  long-range planning must be notified by the commissioner of any 
119.20  matter affecting public transit or an existing or proposed 
119.21  transit system within the seven-county metropolitan area, which 
119.22  matter is formally or informally before the commissioner or 
119.23  board for action or which is under study, including the 
119.24  initiation of any request for action or study and prior to any 
119.25  hearings on other proceedings, whether ex parte or otherwise.  
119.26  Notification must in all cases be given in a manner, at such 
119.27  time, and with such information and data available to the 
119.28  commissioner or board as to enable the ~~metropolitan council~~ 
119.29  office to meaningfully evaluate, participate in, and comment 
119.30  upon the matter.  The commissioner or board shall not approve, 
119.31  deny, or otherwise attempt to resolve or act upon the matter 
119.32  until receipt of the comments and advice of the ~~metropolitan~~ 
119.33  ~~council~~ office with respect thereto, but if none are received 
119.34  they may act within 30 days after demand of the ~~metropolitan~~ 
119.35  ~~council~~ office, or otherwise by mutual agreement.  If the 
119.36  commissioner or board takes action in any way contrary to or 
120.1   different from the comments and advice of the ~~metropolitan~~ 
120.2   ~~council~~ office, they shall specifically state the reasons and 
120.3   factual data for the action. 
120.4      Sec. 25.  Minnesota Statutes 2000, section 352.03, 
120.5   subdivision 1, is amended to read: 
120.6      Subdivision 1.  [MEMBERSHIP OF BOARD; ELECTION; TERM.] The 
120.7   policy-making function of the system is vested in a board of 11 
120.8   members known as the board of directors.  This board shall 
120.9   consist of three members appointed by the governor, one of whom 
120.10  must be a constitutional officer or appointed state official and 
120.11  two of whom must be public members knowledgeable in pension 
120.12  matters, four state employees elected by state employees covered 
120.13  by the system excluding employees in categories specifically 
120.14  authorized to designate or elect a member by this subdivision, 
120.15  one employee of the metropolitan council's transit operations or 
120.16  its successor agency designated by the executive committee of 
120.17  the labor organization that is the exclusive bargaining agent 
120.18  representing employees of the transit division, one member of 
120.19  the state patrol retirement fund elected by members of that fund 
120.20  at a time and in a manner fixed by the board, one employee 
120.21  covered by the correctional employees plan elected by employees 
120.22  covered by that plan, and one retired employee elected by 
120.23  disabled and retired employees of all plans administered by the 
120.24  system at a time and in a manner to be fixed by the board.  Two 
120.25  state employee members, whose terms of office begin on the first 
120.26  Monday in May after their election, must be elected biennially.  
120.27  Elected members and the appointed member of the ~~metropolitan~~ 
120.28  ~~council's~~ department of transportation's office of metropolitan 
120.29  transit operations hold office for a term of four years and 
120.30  until their successors are elected or appointed, and have 
120.31  qualified.  An employee of the system is not eligible for 
120.32  membership on the board of directors.  A state employee on leave 
120.33  of absence is not eligible for election or reelection to 
120.34  membership on the board of directors.  The term of any board 
120.35  member who is on leave for more than six months automatically 
120.36  ends on expiration of the term of office. 
121.1      Sec. 26.  Minnesota Statutes 2000, section 353.64, 
121.2   subdivision 7a, is amended to read: 
121.3      Subd. 7a.  [PENSION COVERAGE FOR CERTAIN METROPOLITAN 
121.4   TRANSIT POLICE OFFICERS.] A person who is employed as a 
121.5   full-time police officer on or after the first day of the first 
121.6   payroll period after July 1, 1993, by the former metropolitan 
121.7   council or commissioner of transportation and who is not 
121.8   eligible for coverage under the agreement with the Secretary of 
121.9   the federal Department of Health and Human Services making the 
121.10  provisions of the federal Old Age, Survivors, and Disability 
121.11  Insurance Act because the person's position is excluded from 
121.12  application under United States Code, sections 418(d)(5)(A) and 
121.13  418(d)(8)(D), and under section 355.07, is a member of the 
121.14  public employees police and fire fund and is considered to be a 
121.15  police officer within the meaning of this section.  
121.16  The ~~metropolitan council~~ employer shall deduct the employee 
121.17  contribution from the salary of each full-time police officer as 
121.18  required by section 353.65, subdivision 2, shall make the 
121.19  employer contribution for each full-time police officer as 
121.20  required by section 353.65, subdivision 3, and shall meet the 
121.21  employer recording and reporting requirements in section 353.65, 
121.22  subdivision 4. 
121.23     Sec. 27.  Minnesota Statutes 2000, section 398A.04, 
121.24  subdivision 1, is amended to read: 
121.25     Subdivision 1.  [GENERAL.] An authority may exercise all 
121.26  the powers necessary or desirable to implement the powers 
121.27  specifically granted in this section, and in exercising the 
121.28  powers is deemed to be performing an essential governmental 
121.29  function and exercising a part of the sovereign power of the 
121.30  state, and is a local government unit and political subdivision 
121.31  of the state.  Without limiting the generality of the foregoing, 
121.32  the authority may: 
121.33     (a) sue and be sued, have a seal, which may but need not be 
121.34  affixed to documents as directed by the board, make and perform 
121.35  contracts, and have perpetual succession; 
121.36     (b) acquire real and personal property within or outside 
122.1   its taxing jurisdiction, by purchase, gift, devise, 
122.2   condemnation, conditional sale, lease, lease purchase, or 
122.3   otherwise; or for purposes, including the facilitation of an 
122.4   economic development project pursuant to section 383B.81 or 
122.5   469.091 or 469.175, subdivision 7, that also improve rail 
122.6   service; 
122.7      (c) hold, manage, control, sell, convey, lease, mortgage, 
122.8   or otherwise dispose of real or personal property; and 
122.9      (d) make grants or otherwise appropriate funds to the 
122.10  department of transportation~~, the metropolitan council,~~ or any 
122.11  other state or local governmental unit for the purposes 
122.12  described in subdivision 2 with respect to railroad facilities 
122.13  located or to be located within the authority's jurisdiction, 
122.14  whether or not the facilities will be acquired, constructed, 
122.15  owned, or operated by the authority. 
122.16     Sec. 28.  Minnesota Statutes 2000, section 398A.04, 
122.17  subdivision 2, is amended to read: 
122.18     Subd. 2.  [RAILROAD ACQUISITION AND OPERATION.] The 
122.19  authority may plan, establish, acquire, develop, construct, 
122.20  purchase, enlarge, extend, improve, maintain, equip, operate, 
122.21  regulate, and protect railroads and railroad facilities, 
122.22  including but not limited to terminal buildings, roadways, 
122.23  crossings, bridges, causeways, tunnels, equipment, and rolling 
122.24  stock.  The authority may not expend state or federal funds to 
122.25  engage in planning for or development of light rail transit or 
122.26  commuter rail transit, unless this activity is consistent with a 
122.27  plan adopted by the department of transportation under section 
122.28  174.84 and a plan adopted ~~by the metropolitan council~~ under 
122.29  section 473.399, and is carried out pursuant to a memorandum of 
122.30  understanding executed by the authority and the commissioner 
122.31  after appropriate consultation with the ~~metropolitan council~~ 
122.32  office of strategic and long-range planning. 
122.33     Sec. 29.  Minnesota Statutes 2000, section 398A.04, 
122.34  subdivision 9, is amended to read: 
122.35     Subd. 9.  [AGREEMENTS.] The authority may enter into joint 
122.36  powers agreements under section 471.59 or other agreements with 
123.1   the municipality or municipalities named in the organization 
123.2   agreement; with other municipalities situated in the counties 
123.3   named in the resolution, respecting the matters referred to in 
123.4   section 398A.06; or with another authority; with a state agency~~;~~ 
123.5   ~~or with the metropolitan council~~ about any matter subject to 
123.6   this chapter. 
123.7      Sec. 30.  Minnesota Statutes 2000, section 473.146, 
123.8   subdivision 3, is amended to read: 
123.9      Subd. 3.  [DEVELOPMENT GUIDE:  TRANSPORTATION.] The 
123.10  transportation chapter must include policies relating to all 
123.11  transportation forms and be designed to promote the legislative 
123.12  determinations, policies, and goals set forth in section 
123.13  473.371.  In addition to the requirements of subdivision 1 
123.14  regarding the contents of the policy plan, the nontransit 
123.15  element of the transportation chapter must include the following:
123.16     (1) a statement of the needs and problems of the 
123.17  metropolitan area with respect to the functions covered, 
123.18  including the present and prospective demand for and constraints 
123.19  on access to regional business concentrations and other major 
123.20  activity centers and the constraints on and acceptable levels of 
123.21  development and vehicular trip generation at such centers; 
123.22     (2) the objectives of and the policies to be forwarded by 
123.23  the policy plan; 
123.24     (3) a general description of the physical facilities and 
123.25  services to be developed; 
123.26     (4) a statement as to the general location of physical 
123.27  facilities and service areas; 
123.28     (5) a general statement of timing and priorities in the 
123.29  development of those physical facilities and service areas; 
123.30     (6) a detailed statement, updated every two years, of 
123.31  timing and priorities for improvements and expenditures needed 
123.32  on the metropolitan highway system; and 
123.33     (7) a general statement on the level of public expenditure 
123.34  appropriate to the facilities. 
123.35     The ~~council~~ office of strategic and long-range planning 
123.36  shall develop the nontransit element in consultation with 
124.1   the ~~transportation advisory board~~ designated metropolitan 
124.2   planning organization and shall transmit the results to the 
124.3   state department of transportation. 
124.4      Sec. 31.  Minnesota Statutes 2000, section 473.146, 
124.5   subdivision 4, is amended to read: 
124.6      Subd. 4.  [TRANSPORTATION PLANNING.] ~~The metropolitan~~ 
124.7   ~~council is the designated planning agency for any long-range~~ 
124.8   ~~comprehensive transportation planning required by section 134 of~~ 
124.9   ~~the Federal Highway Act of 1962, Section 4 of Urban Mass~~ 
124.10  ~~Transportation Act of 1964 and Section 112 of Federal Aid~~ 
124.11  ~~Highway Act of 1973 and other federal transportation laws.  The~~ 
124.12  ~~council shall assure administration and coordination of~~ 
124.13  ~~transportation planning with appropriate state, regional and~~ 
124.14  ~~other agencies, counties, and municipalities, and shall~~ 
124.15  ~~establish an advisory body consisting of citizens,~~ 
124.16  ~~representatives of municipalities, counties, and state agencies~~ 
124.17  ~~in fulfillment of the planning responsibilities of the council.~~ 
124.18  The office of strategic and long-range planning, commissioner of 
124.19  transportation, and affected local governments shall cooperate 
124.20  to replace the metropolitan council abolished by this act and 
124.21  redesignated a metropolitan planning organization required for 
124.22  federal transportation funding purposes. 
124.23     Sec. 32.  Minnesota Statutes 2000, section 473.1466, is 
124.24  amended to read: 
124.25     473.1466 [PERFORMANCE AUDIT; TRANSIT EVALUATION.] 
124.26     (a) ~~In 1997 and~~ Every four years ~~thereafter~~, the ~~council~~ 
124.27  office of strategic and long-range planning, with cooperation 
124.28  from the commissioner of transportation shall provide for an 
124.29  independent entity selected through a request for proposal 
124.30  process conducted nationwide to do a performance audit of the 
124.31  commuting area's transportation system as a whole.  The 
124.32  performance audit must evaluate the commuting area's ability to 
124.33  meet the region's needs for effective and efficient 
124.34  transportation of goods and people, evaluate future trends and 
124.35  their impacts on the region's transportation system, and make 
124.36  recommendations for improving the system.  The performance audit 
125.1   must recommend performance-funding measures.  
125.2      (b) ~~In 1999 and~~ Every four years ~~thereafter~~, the ~~council~~ 
125.3   office of strategic and long-range planning, with cooperation 
125.4   from the commissioner of transportation must evaluate the 
125.5   performance of the metropolitan transit system's operation in 
125.6   relationship to the regional transit performance standards 
125.7   developed by the ~~council~~ office. 
125.8      Sec. 33.  Minnesota Statutes 2000, section 473.166, is 
125.9   amended to read: 
125.10     473.166 [CONTROLLED ACCESS; TRANSIT FIXED-GUIDEWAY; ~~COUNCIL~~ 
125.11  OFFICE APPROVAL.] 
125.12     Before acquiring land for or constructing a controlled 
125.13  access highway or transit fixed-guideway in the area, the state 
125.14  transportation department or local government unit proposing the 
125.15  acquisition or construction shall submit to the ~~council~~ office 
125.16  of strategic and long-range planning a statement describing the 
125.17  proposed project.  The statement must be in the form and detail 
125.18  required by the ~~council~~ office.  The ~~council~~ office shall review 
125.19  the statement to ascertain its consistency with its policy plan 
125.20  and the development guide.  No project may be undertaken unless 
125.21  the ~~council~~ office determines that it is consistent with the 
125.22  policy plan.  This approval is in addition to the requirements 
125.23  of any other statute, ordinance or rule. 
125.24     Sec. 34.  Minnesota Statutes 2000, section 473.167, 
125.25  subdivision 2, is amended to read: 
125.26     Subd. 2.  [LOANS FOR ACQUISITION.] (a) The ~~council~~ 
125.27  commissioner of transportation may make loans to counties, 
125.28  towns, and statutory and home rule charter cities within the 
125.29  metropolitan area for the purchase of property within the 
125.30  right-of-way of a state trunk highway shown on an official map 
125.31  adopted pursuant to section 394.361 or 462.359 or for the 
125.32  purchase of property within the proposed right-of-way of a 
125.33  principal or intermediate arterial highway designated by 
125.34  the ~~council~~ commissioner as a part of the metropolitan highway 
125.35  system plan and approved by the ~~council~~ office of strategic and 
125.36  long-range planning pursuant to section 473.166.  The loans 
126.1   shall be made by the ~~council~~ commissioner, from the fund 
126.2   established pursuant to this subdivision, for purchases approved 
126.3   by the ~~council~~ commissioner.  The loans shall bear no interest. 
126.4      (b) The ~~council~~ commissioner shall make loans only: 
126.5      (1) to accelerate the acquisition of primarily undeveloped 
126.6   property when there is a reasonable probability that the 
126.7   property will increase in value before highway construction, and 
126.8   to update an expired environmental impact statement on a project 
126.9   for which the right-of-way is being purchased; 
126.10     (2) to avert the imminent conversion or the granting of 
126.11  approvals which would allow the conversion of property to uses 
126.12  which would jeopardize its availability for highway 
126.13  construction; 
126.14     (3) to advance planning and environmental activities on 
126.15  highest priority major metropolitan river crossing projects, 
126.16  under the transportation development guide chapter/policy plan; 
126.17  or 
126.18     (4) to take advantage of open market opportunities when 
126.19  developed properties become available for sale, provided all 
126.20  parties involved are agreeable to the sale and funds are 
126.21  available.  
126.22     (c) The ~~council~~ commissioner shall not make loans for the 
126.23  purchase of property at a price which exceeds the fair market 
126.24  value of the property or which includes the costs of relocating 
126.25  or moving persons or property.  The eminent domain process may 
126.26  be used to settle differences of opinion as to fair market 
126.27  value, provided all parties agree to the process. 
126.28     (d) A private property owner may elect to receive the 
126.29  purchase price either in a lump sum or in not more than four 
126.30  annual installments without interest on the deferred 
126.31  installments.  If the purchase agreement provides for 
126.32  installment payments, the ~~council~~ commissioner shall make the 
126.33  loan in installments corresponding to those in the purchase 
126.34  agreement.  The recipient of an acquisition loan shall convey 
126.35  the property for the construction of the highway at the same 
126.36  price which the recipient paid for the property.  The price may 
127.1   include the costs of preparing environmental documents that were 
127.2   required for the acquisition and that were paid for with money 
127.3   that the recipient received from the loan fund.  Upon 
127.4   notification by the ~~council~~ commissioner that the plan to 
127.5   construct the highway has been abandoned or the anticipated 
127.6   location of the highway changed, the recipient shall sell the 
127.7   property at market value in accordance with the procedures 
127.8   required for the disposition of the property.  All rents and 
127.9   other money received because of the recipient's ownership of the 
127.10  property and all proceeds from the conveyance or sale of the 
127.11  property shall be paid to the ~~council~~ commissioner.  If a 
127.12  recipient is not permitted to include in the conveyance price 
127.13  the cost of preparing environmental documents that were required 
127.14  for the acquisition, then the recipient is not required to repay 
127.15  the ~~council~~ commissioner an amount equal to 40 percent of the 
127.16  money received from the loan fund and spent in preparing the 
127.17  environmental documents.  
127.18     (e) The ~~proceeds of the tax authorized by subdivision 3 and~~ 
127.19  ~~distributed to the~~ right-of-way acquisition loan fund ~~pursuant~~ 
127.20  ~~to subdivision 3a, paragraph (a)~~, all money paid to the ~~council~~ 
127.21  commissioner by recipients of loans, and all interest on the 
127.22  ~~proceeds~~ fund and payments shall be maintained as a separate 
127.23  fund.  For administration of the loan program, the ~~council~~ 
127.24  commissioner may expend from the fund each year an amount no 
127.25  greater than three percent of the amount of the proceeds 
127.26  distributed ~~to~~ from the right-of-way acquisition loan 
127.27  fund ~~pursuant to subdivision 3a, paragraph (a),~~ for that year. 
127.28     Sec. 35.  Minnesota Statutes 2000, section 473.167, 
127.29  subdivision 2a, is amended to read: 
127.30     Subd. 2a.  [HARDSHIP ACQUISITION AND RELOCATION.] (a) 
127.31  The ~~council~~ commissioner may make hardship loans to acquiring 
127.32  authorities within the metropolitan area to purchase homestead 
127.33  property located in a proposed state trunk highway right-of-way 
127.34  or project, and to provide relocation assistance.  Acquiring 
127.35  authorities are authorized to accept the loans and to acquire 
127.36  the property. Except as provided in this subdivision, the loans 
128.1   shall be made as provided in subdivision 2.  Loans shall be in 
128.2   the amount of the fair market value of the homestead property 
128.3   plus relocation costs and less salvage value.  Before 
128.4   construction of the highway begins, the acquiring authority 
128.5   shall convey the property to the commissioner of transportation 
128.6   at the same price it paid, plus relocation costs and less its 
128.7   salvage value. Acquisition and assistance under this subdivision 
128.8   must conform to sections 117.50 to 117.56.  
128.9      (b) The ~~council~~ commissioner may make hardship loans only 
128.10  when: 
128.11     (1) the owner of affected homestead property requests 
128.12  acquisition and relocation assistance from an acquiring 
128.13  authority; 
128.14     (2) federal or other state financial participation is not 
128.15  available; 
128.16     (3) the owner is unable to sell the homestead property at 
128.17  its appraised market value because the property is located in a 
128.18  proposed state trunk highway right-of-way or project as 
128.19  indicated on an official map or plat adopted under section 
128.20  160.085, 394.361, or 462.359; 
128.21     (4) the ~~council~~ commissioner agrees to and approves the 
128.22  fair market value of the homestead property, which approval 
128.23  shall not be unreasonably withheld; and 
128.24     (5) the owner of the homestead property is burdened by 
128.25  circumstances that constitute a hardship, such as catastrophic 
128.26  medical expenses; a transfer of the homestead owner by the 
128.27  owner's employer to a distant site of employment; or inability 
128.28  of the owner to maintain the property due to physical or mental 
128.29  disability or the permanent departure of children from the 
128.30  homestead.  
128.31     (c) For purposes of this subdivision, the following terms 
128.32  have the meanings given them. 
128.33     (1) "Acquiring authority" means counties, towns, and 
128.34  statutory and home rule charter cities in the metropolitan area. 
128.35     (2) "Homestead property" means a single-family dwelling 
128.36  occupied by the owner, and the surrounding land, not exceeding a 
129.1   total of ten acres. 
129.2      (3) "Salvage value" means the probable sale price of the 
129.3   dwelling and other property that is severable from the land if 
129.4   offered for sale on the condition that it be removed from the 
129.5   land at the buyer's expense, allowing a reasonable time to find 
129.6   a buyer with knowledge of the possible uses of the property, 
129.7   including separate use of serviceable components and scrap when 
129.8   there is no other reasonable prospect of sale. 
129.9      Sec. 36.  Minnesota Statutes 2000, section 473.168, 
129.10  subdivision 2, is amended to read: 
129.11     Subd. 2.  [EXCLUSIVE LANES; MULTIPASSENGER TRANSIT.] 
129.12  The ~~metropolitan council~~ office of strategic and long-range 
129.13  planning may require that any freeway constructed in the 
129.14  metropolitan area on which actual construction has not been 
129.15  commenced by ~~April 12, 1974~~ the effective date of this act 
129.16  include provisions for exclusive lanes for buses and, as 
129.17  the ~~council~~ office may determine, other forms of multipassenger 
129.18  transit.  The ~~council~~ office, in making its determination, must 
129.19  demonstrate that the exclusive lanes are necessary to implement 
129.20  the transportation policy plan of the development guide. 
129.21     Sec. 37.  Minnesota Statutes 2000, section 473.223, is 
129.22  amended to read: 
129.23     473.223 [FEDERAL AID.] 
129.24     For the purposes of this section the term "governmental 
129.25  subdivision" includes municipalities, counties and other 
129.26  political subdivisions generally.  If federal aid for 
129.27  transportation programs and projects is otherwise unavailable to 
129.28  an existing agency or governmental subdivision, the ~~metropolitan~~ 
129.29  ~~council~~ commissioner of transportation may cooperate with the 
129.30  government of the United States and any agency or department 
129.31  thereof and the affected agency or other governmental 
129.32  subdivision in establishing metropolitan area eligibility to 
129.33  receive federal aid, and may comply with the provisions of the 
129.34  laws of the United States and any rules and regulations made 
129.35  thereunder for the expenditure of federal moneys upon such 
129.36  projects as are proposed for federal assistance. 
130.1   The ~~metropolitan council~~ commissioner may accept federal aid and 
130.2   other aid, either public or private, for and in behalf of the 
130.3   metropolitan area or any governmental subdivision of the state, 
130.4   for transportation programs and projects within the metropolitan 
130.5   area upon such terms and conditions as are or may be prescribed 
130.6   by the laws of the United States and any rules or regulations 
130.7   made thereunder, and is authorized to act as agent of any 
130.8   governmental subdivision of the state with jurisdiction in the 
130.9   metropolitan area upon request of such subdivision in accepting 
130.10  the aid in its behalf for such programs or projects financed 
130.11  either in whole or in part by federal aid.  The governing body 
130.12  of any such subdivision is authorized to designate the 
130.13  ~~metropolitan council~~ commissioner as its agent for such purposes 
130.14  and to enter into an agreement with the ~~council~~ commissioner 
130.15  prescribing the terms and conditions of the agency relationship 
130.16  in accordance with state and federal laws, rules and 
130.17  regulations.  ~~The metropolitan council is authorized to~~ 
130.18  ~~designate an appropriate state agency as its agent for such~~ 
130.19  ~~purposes and to enter into an agreement with such agency~~ 
130.20  ~~prescribing the terms and conditions of the agency relationship~~ 
130.21  ~~in accordance with state and federal laws, rules and regulations.~~
130.22     Nothing contained herein shall limit any separate authority 
130.23  of agencies or governmental subdivisions of the state to 
130.24  contract for and receive federal aid. 
130.25     Sec. 38.  [473.3715] [DEFINITIONS.] 
130.26     Subdivision 1.  [COMMISSIONER.] "Commissioner" means the 
130.27  commissioner of transportation for the purposes of sections 
130.28  473.371 to 473.449. 
130.29     Subd. 2.  [DEPARTMENT.] "Department" means the department 
130.30  of transportation for the purposes of sections 473.371 to 
130.31  473.449. 
130.32     Sec. 39.  Minnesota Statutes 2000, section 473.375, 
130.33  subdivision 9, is amended to read: 
130.34     Subd. 9.  [ADVISORY COMMITTEES.] The ~~council~~ commissioner 
130.35  may establish one or more advisory committees composed of and 
130.36  representing transit providers, transit users, and local units 
131.1   of government to advise it in carrying out its purposes.  The 
131.2   members of advisory committees serve without compensation.  
131.3      Sec. 40.  Minnesota Statutes 2000, section 473.375, 
131.4   subdivision 11, is amended to read: 
131.5      Subd. 11.  [RIDESHARING.] The ~~council~~ commissioner shall 
131.6   administer a ridesharing program in the metropolitan area~~,~~ 
131.7   ~~except for the statewide vanpool leasing program conducted by~~ 
131.8   ~~the commissioner of transportation and shall cooperate with the~~ 
131.9   ~~commissioner in the conduct of ridesharing activities in areas~~ 
131.10  ~~where the commissioner's programs and the council's program~~ 
131.11  ~~overlap~~.  The ~~council~~ commissioner shall establish a rideshare 
131.12  advisory committee to advise it in carrying out the program.  
131.13  The ~~council~~ commissioner may contract for services in operating 
131.14  the program.  
131.15     Sec. 41.  Minnesota Statutes 2000, section 473.375, 
131.16  subdivision 12, is amended to read: 
131.17     Subd. 12.  [ASSISTANCE.] The ~~council~~ commissioner shall 
131.18  offer, use, and apply its services to assist and advise transit 
131.19  providers in the metropolitan transit area in the planning, 
131.20  promotion, development, operation, and evaluation of programs 
131.21  and projects which are undertaken or proposed to be undertaken 
131.22  by contract with the ~~council~~ commissioner, and shall seek out 
131.23  and select recipients of this assistance and advice.  
131.24     Sec. 42.  Minnesota Statutes 2000, section 473.375, 
131.25  subdivision 13, is amended to read: 
131.26     Subd. 13.  [FINANCIAL ASSISTANCE.] The ~~council~~ commissioner 
131.27  may provide financial assistance to public transit providers as 
131.28  provided in sections 473.371 to 473.449.  ~~The council may not~~ 
131.29  ~~use the proceeds of bonds issued under section 473.39 to provide~~ 
131.30  ~~capital assistance to private, for-profit operators of public~~ 
131.31  ~~transit, unless the operators provide service under a contract~~ 
131.32  ~~with the council, the former regional transit board, or~~ 
131.33  ~~recipients of financial assistance under sections 473.371 to~~ 
131.34  ~~473.449.~~ 
131.35     No political subdivision within the metropolitan area may 
131.36  apply for federal transit assistance unless its application has 
132.1   been submitted to and approved by the ~~council~~ commissioner. 
132.2      Sec. 43.  Minnesota Statutes 2000, section 473.375, 
132.3   subdivision 14, is amended to read: 
132.4      Subd. 14.  [COORDINATION.] The ~~council~~ commissioner shall 
132.5   coordinate transit operations within the metropolitan area and 
132.6   shall establish a transit information program to provide transit 
132.7   users with accurate information on transit schedules and service.
132.8      Sec. 44.  Minnesota Statutes 2000, section 473.375, 
132.9   subdivision 15, is amended to read: 
132.10     Subd. 15.  [PERFORMANCE STANDARDS.] The ~~council~~ 
132.11  commissioner may establish performance standards for recipients 
132.12  of financial assistance. 
132.13     Sec. 45.  Minnesota Statutes 2000, section 473.382, is 
132.14  amended to read: 
132.15     473.382 [LOCAL PLANNING AND DEVELOPMENT PROGRAM.] 
132.16     The ~~council~~ commissioner shall establish a program to 
132.17  ensure participation by representatives of local government 
132.18  units and the coordination of the planning and development of 
132.19  transit by local government units.  The ~~council~~ commissioner 
132.20  shall encourage the establishment of local transit planning and 
132.21  development boards by local governments for the purpose of:  
132.22     (a) identifying service needs and objectives; 
132.23     (b) preparing, or advising and assisting local units of 
132.24  government in preparing the transit study and service plan 
132.25  required by section 473.384; 
132.26     (c) preparing or advising the ~~council~~ commissioner in the 
132.27  review of applications for assistance under section 473.384.  
132.28     The ~~council~~ commissioner may provide local boards with 
132.29  whatever assistance ~~it~~ the commissioner deems necessary and 
132.30  appropriate.  
132.31     Sec. 46.  Minnesota Statutes 2000, section 473.384, is 
132.32  amended to read: 
132.33     473.384 [CONTRACTS.] 
132.34     Subdivision 1.  [CONTRACTS REQUIRED.] The ~~council~~ 
132.35  commissioner shall make contracts with eligible recipients for 
132.36  financial assistance to transit service within the metropolitan 
133.1   area.  The ~~council~~ commissioner may not give financial 
133.2   assistance to another transit provider without first having 
133.3   executed a contract.  The provisions of this section do not 
133.4   apply to contracts made under ~~sections~~ section 473.386 ~~and~~ 
133.5   ~~473.388~~.  
133.6      Subd. 2.  [ELIGIBILITY.] To be eligible to receive 
133.7   financial assistance by contract under this section a recipient 
133.8   must be:  
133.9      (a) a county, statutory or home rule charter city or town 
133.10  or combination thereof, or public authority organized and 
133.11  existing pursuant to chapter 398A, providing financial 
133.12  assistance to or providing or operating public transit; ~~or~~ 
133.13     (b) a private provider of public transit; or 
133.14     (c) a transit provider formerly operated under section 
133.15  473.388.  
133.16     Subd. 3.  [APPLICATIONS.] The ~~council~~ commissioner shall 
133.17  establish procedures and standards for review and approval of 
133.18  applications for financial assistance under this section.  An 
133.19  applicant must provide the ~~council~~ commissioner with the 
133.20  financial and other information the ~~council~~ commissioner 
133.21  requires to carry out its duties.  The ~~council~~ commissioner may 
133.22  specify procedures, including public hearing requirements, to be 
133.23  followed by applicants that are cities, towns, or counties or 
133.24  combinations thereof in conducting transit studies and 
133.25  formulating service plans under subdivisions 4 and 5.  
133.26     Subd. 4.  [TRANSIT STUDY.] The ~~council~~ commissioner shall 
133.27  require that prior to applying for financial assistance by 
133.28  contract under clause (a) of subdivision 2, the applicant must 
133.29  prepare and submit a transit study which includes the following 
133.30  elements: 
133.31     (a) a determination of existing and future transit needs 
133.32  within the area to be served, and an assessment of the adequacy 
133.33  of existing service to meet the needs; 
133.34     (b) an assessment of the level and type of service required 
133.35  to meet unmet needs; 
133.36     (c) an assessment of existing and future resources 
134.1   available for the financing of transit service; and 
134.2      (d) the type or types of any new government arrangements or 
134.3   agreements needed to provide adequate service.  
134.4      The transit study for any applicant may be done by the 
134.5   ~~council~~ commissioner.  
134.6      Subd. 5.  [SERVICE PLAN.] The ~~council~~ commissioner shall, 
134.7   before making a contract with an eligible recipient, require the 
134.8   submission of a service plan which includes the following 
134.9   elements:  
134.10     (a) a description of the service proposed for financial 
134.11  assistance, including vehicles, routes, and schedules; 
134.12     (b) an assessment of the extent to which the proposed 
134.13  service meets the needs as determined by the transit study; 
134.14     (c) a description of the contract administration and review 
134.15  process if the operation of the proposed service is to be done 
134.16  by a private contractor; 
134.17     (d) a description of the amount required to establish and 
134.18  operate the proposed service and the proposed sources of the 
134.19  required amount including operating revenue, other local 
134.20  sources, and assistance from the ~~council~~ commissioner and from 
134.21  federal sources; 
134.22     (e) the fare structure of the proposed service; and 
134.23     (f) projections of usage of the system.  
134.24     The ~~council~~ commissioner may specify procedures, including 
134.25  public hearing requirements, to be followed by applicants that 
134.26  are cities, towns, or counties or combinations thereof in 
134.27  conducting transit studies and formulating service plans.  
134.28     Subd. 6.  [FINANCIAL ASSISTANCE FOR CERTAIN PROVIDERS.] The 
134.29  ~~council~~ commissioner shall provide financial assistance to 
134.30  recipients who were receiving assistance by contract with the 
134.31  commissioner of transportation under Minnesota Statutes 1982, 
134.32  section 174.24, subdivision 3 on July 1, 1984, so that the 
134.33  percentage of total operating cost, as defined by the ~~council~~ 
134.34  commissioner, paid by the recipient from all local sources of 
134.35  revenue, including operating revenue, does not exceed the 
134.36  percentage for the recipient's classification as determined by 
135.1   the commissioner of transportation under the commissioner's 
135.2   final contract with the recipient.  ~~The council may include~~ 
135.3   ~~funds received under section 473.446, subdivision 1a, as a local~~ 
135.4   ~~source of revenue.~~  The remainder of the total operating cost 
135.5   will be paid by the ~~council~~ commissioner less all assistance 
135.6   received by the recipient for that purpose from any federal 
135.7   source.  
135.8      If a recipient informs the ~~council~~ commissioner in writing 
135.9   prior to the distribution of financial assistance for any year 
135.10  that paying its designated percentage of total operating cost 
135.11  from local sources will cause undue hardship, the ~~council~~ 
135.12  commissioner may adjust the percentage as it deems equitable.  
135.13  If for any year the funds available to the ~~council~~ commissioner 
135.14  are insufficient to allow the ~~council~~ commissioner to pay ~~its~~ 
135.15  the department's share of total operating cost for those 
135.16  recipients, the ~~council~~ commissioner shall reduce its share in 
135.17  each classification to the extent necessary.  
135.18     Subd. 7.  [TRANSIT OPERATIONS IMPACT ASSESSMENT.] Prior to 
135.19  entering into a contract for operating assistance with a 
135.20  recipient, the ~~council~~ commissioner shall evaluate the effect, 
135.21  if any, of the contract on the ridership, routes, schedules, 
135.22  fares, and staffing levels of the existing and proposed service 
135.23  provided by the ~~council~~ department.  The ~~council~~ commissioner 
135.24  may enter into the contract only if it determines that the 
135.25  service to be assisted under the contract will not impose an 
135.26  undue hardship on the ridership or financial condition of 
135.27  the ~~council's~~ department's transit operations.  The requirements 
135.28  of this subdivision do not apply to contracts for assistance to 
135.29  recipients who, as part of a negotiated cost-sharing arrangement 
135.30  with the ~~council~~ commissioner, pay a substantial part of the 
135.31  cost of services that directly benefit the recipient as an 
135.32  institution or organization. 
135.33     Subd. 8.  [PARATRANSIT CONTRACTS.] In executing and 
135.34  administering contracts for paratransit projects, the ~~council~~ 
135.35  commissioner has the powers and duties given to the commissioner 
135.36  of transportation in section 174.255, subdivisions 1 and 2 
136.1   relating to handicapped accessibility and insurance coverage.  
136.2   The provisions of section 174.255, subdivision 3, apply to 
136.3   paratransit projects which receive assistance by contract with 
136.4   the ~~council~~ commissioner. 
136.5      Sec. 47.  Minnesota Statutes 2000, section 473.385, 
136.6   subdivision 1, is amended to read: 
136.7      Subdivision 1.  [DEFINITIONS.] (a) "Fully developed service 
136.8   area" means the fully developed area, as defined ~~in~~ by the 
136.9   ~~metropolitan council's development guide, plus~~ office of 
136.10  strategic and long-range planning, and including the cities of 
136.11  Mendota Heights, Maplewood, North St. Paul, and Little Canada. 
136.12     (b) "Regular route transit" has the meaning given it in 
136.13  section 174.22, subdivision 8, except that, for purposes of this 
136.14  section, the term does not include services on fixed routes and 
136.15  schedules that are primarily intended to provide circulator 
136.16  service within a community or adjacent communities rather than 
136.17  feeder service to the system of metropolitan regular route 
136.18  transit operated by the ~~council~~ department. 
136.19     Sec. 48.  Minnesota Statutes 2000, section 473.385, 
136.20  subdivision 2, is amended to read: 
136.21     Subd. 2.  [SERVICE AREAS.] The ~~council~~ commissioner may 
136.22  provide financial assistance (whether directly or through 
136.23  another entity) to private, for-profit operators of public 
136.24  transit only for the following services: 
136.25     (1) services that are not regular route services; 
136.26     (2) regular route services provided on June 2, 1989, by a 
136.27  private, for-profit operator under contract with the former 
136.28  regional transit board or under a certificate of convenience and 
136.29  necessity issued by the transportation regulation board; 
136.30     (3) regular route services outside of the fully developed 
136.31  service area that are not operated on June 2, 1989, by the 
136.32  former metropolitan transit commission; 
136.33     (4) ~~regular route services provided under section 473.388;~~ 
136.34     ~~(5)~~ regular route services to recipients who, as part of a 
136.35  negotiated cost-sharing arrangement with the ~~council~~ 
136.36  commissioner, pay at least 50 percent of the cost of the service 
137.1   that directly benefits the recipient as an institution or 
137.2   organization; or 
137.3      ~~(6)~~ (5) regular route services that will not be operated 
137.4   for a reasonable subsidy by the ~~council~~ commissioner. 
137.5      Sec. 49.  Minnesota Statutes 2000, section 473.386, 
137.6   subdivision 1, is amended to read: 
137.7      Subdivision 1.  [SERVICE OBJECTIVES.] The ~~council~~ 
137.8   commissioner shall implement a special transportation service, 
137.9   as defined in section 174.29, in the metropolitan area.  The 
137.10  service has the following objectives:  
137.11     (a) to provide greater access to transportation for the 
137.12  elderly, people with disabilities, and others with special 
137.13  transportation needs in the metropolitan area; 
137.14     (b) to develop an integrated system of special 
137.15  transportation service providing transportation tailored to meet 
137.16  special individual needs in the most cost-efficient manner; and 
137.17     (c) to use existing public, private, and private nonprofit 
137.18  providers of service wherever possible, to supplement rather 
137.19  than replace existing service, and to increase the productivity 
137.20  of all special transportation vehicles available in the area.  
137.21     Sec. 50.  Minnesota Statutes 2000, section 473.386, 
137.22  subdivision 2, is amended to read: 
137.23     Subd. 2.  [SERVICE CONTRACTS; MANAGEMENT; TRANSPORTATION 
137.24  ACCESSIBILITY ADVISORY COMMITTEE.] (a) The ~~council~~ commissioner 
137.25  may contract for services necessary for the provision of special 
137.26  transportation.  Transportation service provided under a 
137.27  contract must specify the service to be provided, the standards 
137.28  that must be met, and the rates for operating and providing 
137.29  special transportation services.  
137.30     (b) The ~~council~~ commissioner shall establish management 
137.31  policies for the service and may contract with a service 
137.32  administrator for day-to-day administration and management of 
137.33  the service.  Any contract must delegate to the service 
137.34  administrator clear authority to administer and manage the 
137.35  delivery of the service pursuant to ~~council~~ department 
137.36  management policies and must establish performance and 
138.1   compliance standards for the service administrator.  The ~~council~~ 
138.2   commissioner may provide directly day-to-day administration and 
138.3   management of the service and may own or lease vehicles used to 
138.4   provide the service.  
138.5      (c) The ~~council~~ commissioner shall ensure that the service 
138.6   administrator establishes a system for registering and 
138.7   expeditiously responding to complaints by users, informing users 
138.8   of how to register complaints, and requiring providers to report 
138.9   on incidents that impair the safety and well-being of users or 
138.10  the quality of the service.  The ~~council~~ commissioner shall 
138.11  annually report to ~~the commissioner of transportation and~~ the 
138.12  legislature on complaints and provider reports, the response of 
138.13  the service administrator, and steps taken by the ~~council~~ 
138.14  commissioner and the service administrator to identify causes 
138.15  and provide remedies to recurring problems. 
138.16     (d) Each year before renewing contracts with providers and 
138.17  the service administrator, the ~~council~~ commissioner shall 
138.18  provide an opportunity for the transportation accessibility 
138.19  advisory committee, users, and other interested persons to 
138.20  testify before the ~~council~~ commissioner concerning providers, 
138.21  contract terms, and other matters relating to ~~council~~ department 
138.22  policies and procedures for implementing the service. 
138.23     (e) The ~~council~~ commissioner shall establish a 
138.24  transportation accessibility advisory committee.  The 
138.25  transportation accessibility advisory committee must include 
138.26  elderly and disabled persons, other users of special 
138.27  transportation service, representatives of persons contracting 
138.28  to provide special transportation services, and representatives 
138.29  of appropriate agencies for elderly and disabled persons to 
138.30  advise the ~~council~~ commissioner on management policies for the 
138.31  service.  At least half the transportation accessibility 
138.32  advisory committee members must be disabled or elderly persons 
138.33  or the representatives of disabled or elderly persons.  Two of 
138.34  the appointments to the transportation accessibility advisory 
138.35  committee shall be made by the council on disability in 
138.36  consultation with the ~~chair of the metropolitan~~ 
139.1   ~~council~~ commissioner. 
139.2      Sec. 51.  Minnesota Statutes 2000, section 473.386, 
139.3   subdivision 2a, is amended to read: 
139.4      Subd. 2a.  [ELIGIBILITY CERTIFICATION.] The ~~council~~ 
139.5   commissioner shall include the notice of penalty for fraudulent 
139.6   certification, and require the person certifying the applicant 
139.7   to sign the eligibility certification form and the applicant to 
139.8   sign the application form, as provided in section 174.295. 
139.9      Sec. 52.  Minnesota Statutes 2000, section 473.386, 
139.10  subdivision 3, is amended to read: 
139.11     Subd. 3.  [DUTIES OF ~~COUNCIL~~ COMMISSIONER.] In implementing 
139.12  the special transportation service, the ~~council~~ commissioner 
139.13  shall:  
139.14     (a) encourage participation in the service by public, 
139.15  private, and private nonprofit providers of special 
139.16  transportation currently receiving capital or operating 
139.17  assistance from a public agency; 
139.18     (b) contract with public, private, and private nonprofit 
139.19  providers that have demonstrated their ability to effectively 
139.20  provide service at a reasonable cost; 
139.21     (c) encourage individuals using special transportation to 
139.22  use the type of service most appropriate to their particular 
139.23  needs; 
139.24     (d) ensure that all persons providing special 
139.25  transportation service receive equitable treatment in the 
139.26  allocation of the ridership; 
139.27     (e) encourage shared rides to the greatest extent 
139.28  practicable; 
139.29     (f) encourage public agencies that provide transportation 
139.30  to eligible individuals as a component of human services and 
139.31  educational programs to coordinate with this service and to 
139.32  allow reimbursement for transportation provided through the 
139.33  service at rates that reflect the public cost of providing that 
139.34  transportation; 
139.35     (g) establish criteria to be used in determining individual 
139.36  eligibility for special transportation services; 
140.1      (h) consult with the transportation accessibility advisory 
140.2   committee in a timely manner before changes are made in the 
140.3   provision of special transportation services, including, but not 
140.4   limited to, changes in policies affecting the matters subject to 
140.5   hearing under subdivision 2; 
140.6      (i) provide for effective administration and enforcement of 
140.7   ~~council~~ department policies and standards; and 
140.8      (j) annually evaluate providers of special transportation 
140.9   service to ensure compliance with the standards established for 
140.10  the program. 
140.11     Sec. 53.  Minnesota Statutes 2000, section 473.386, 
140.12  subdivision 4, is amended to read: 
140.13     Subd. 4.  [COORDINATION REQUIRED.] The ~~council~~ commissioner 
140.14  may not grant any financial assistance to any recipient that 
140.15  proposes to use any part of the grant to provide special 
140.16  transportation service in the metropolitan area unless the 
140.17  program is coordinated with the ~~council's~~ department's special 
140.18  transportation service in the manner determined by the ~~council~~ 
140.19  department.  The ~~council~~ commissioner is not required to provide 
140.20  funding for transportation services from a residence to a 
140.21  service site and home again when the services are used by 
140.22  individuals in conjunction with their participation in human 
140.23  service developmental achievement center programs in which 
140.24  transportation to and from the program is a required and funded 
140.25  component of those programs. 
140.26     Sec. 54.  Minnesota Statutes 2000, section 473.386, 
140.27  subdivision 5, is amended to read: 
140.28     Subd. 5.  [EQUITABLE ALLOCATION AND ANNUAL REALLOCATION.] 
140.29  The ~~council~~ commissioner shall distribute all available funding 
140.30  under this section in a manner designed to achieve an equitable 
140.31  allocation of special transportation services based on the 
140.32  proportion of the number of elderly, disabled, or economically 
140.33  disadvantaged individuals with special transportation needs who 
140.34  actually use the special transportation service.  
140.35     Sec. 55.  Minnesota Statutes 2000, section 473.386, 
140.36  subdivision 6, is amended to read: 
141.1      Subd. 6.  [OPERATING AND SERVICE STANDARDS.] A person 
141.2   operating or assisting the operation of a vehicle may leave the 
141.3   vehicle to enter premises in order to help a passenger who does 
141.4   not require emergency ambulance service.  Operators and 
141.5   assistants shall provide the help necessary for 
141.6   door-through-door service, including help in entering and 
141.7   leaving the vehicle and help through the exterior entrance and 
141.8   over any exterior steps at either departure or destination 
141.9   buildings, provided that both the steps and the wheelchair are 
141.10  in good repair.  If an operator or assistant refuses help 
141.11  because of the condition of the steps or the wheelchair, the 
141.12  operator of the service shall send letters to the service 
141.13  administrator designated by the ~~council~~ commissioner, who shall 
141.14  notify the person denied service describing the corrective 
141.15  measures necessary to qualify for service.  
141.16     Sec. 56.  Minnesota Statutes 2000, section 473.387, 
141.17  subdivision 2, is amended to read: 
141.18     Subd. 2.  [ADMINISTRATION.] The ~~council~~ commissioner shall 
141.19  design and administer the programs under this section.  
141.20  The ~~council~~ commissioner may request proposals for projects to 
141.21  demonstrate methods of achieving the purposes of programs 
141.22  administered under this section.  The ~~council~~ commissioner shall 
141.23  design or ensure the design of programs that will provide better 
141.24  access for the targeted service groups to places of employment 
141.25  and activity throughout the metropolitan area, using regular 
141.26  route transit, paratransit, taxis, car or van pools, or other 
141.27  means of conveyance.  The ~~council~~ commissioner may organize the 
141.28  services by providing to individuals, directly or indirectly, 
141.29  reduced fares or passes on public transit or vouchers to be used 
141.30  to purchase transportation; by contracting with public and 
141.31  private providers; by arrangements with government agencies, 
141.32  civic and community organizations or nonprofit groups providing 
141.33  assistance to the targeted service groups; by arrangements with 
141.34  prospective employers, with employment, education, retail, 
141.35  medical, or other activity centers, or with local governments; 
141.36  or by any other methods designed to improve service and reduce 
142.1   costs to the targeted service groups. 
142.2      Sec. 57.  Minnesota Statutes 2000, section 473.387, 
142.3   subdivision 3, is amended to read: 
142.4      Subd. 3.  [JOBSEEKERS.] The ~~council~~ commissioner shall 
142.5   establish a program and policies to increase the availability 
142.6   and utility of public transit services and reduce transportation 
142.7   costs for persons who are seeking employment and who lack 
142.8   private means of transportation. 
142.9      Sec. 58.  Minnesota Statutes 2000, section 473.387, 
142.10  subdivision 4, is amended to read: 
142.11     Subd. 4.  [TRANSIT DISADVANTAGED.] The ~~council~~ commissioner 
142.12  shall establish a program and policies to reduce transportation 
142.13  costs for persons who are, because of limited incomes, age, 
142.14  disability, or other reasons, especially dependent on public 
142.15  transit for common mobility. 
142.16     Sec. 59.  Minnesota Statutes 2000, section 473.391, is 
142.17  amended to read: 
142.18     473.391 [ROUTE PLANNING AND SCHEDULING.] 
142.19     Subdivision 1.  [CONTRACTS.] The ~~council~~ commissioner may 
142.20  contract with other operators or local governments for route 
142.21  planning and scheduling services in any configuration of new or 
142.22  reconfiguration of existing transit services and routes, 
142.23  including route planning and scheduling necessary for the test 
142.24  marketing program, the service bidding program, and the 
142.25  interstate highway described generally as legislative routes 
142.26  Nos. 10 and 107 between I-494 and the Hawthorne interchange in 
142.27  the city of Minneapolis, commonly known as I-394.  
142.28     Subd. 2.  [ROUTE ELIMINATION; SERVICE REDUCTION.] The 
142.29  ~~council~~ commissioner shall, before making a determination to 
142.30  eliminate or reduce service on existing transit routes, consider:
142.31     (1) the level of subsidy per passenger on each route; 
142.32     (2) the availability and proximity of alternative transit 
142.33  routes; and 
142.34     (3) the percentage of transit dependent riders, including 
142.35  youth, elderly, low-income, and disabled riders currently using 
142.36  each route. 
143.1      Sec. 60.  Minnesota Statutes 2000, section 473.3915, 
143.2   subdivision 3, is amended to read: 
143.3      Subd. 3.  [TRANSIT ZONE.] "Transit zone" means:  (1) the 
143.4   area within one-quarter of a mile of a route along which regular 
143.5   route transit service is provided that is also within the 
143.6   metropolitan urban service area, as determined by the 
143.7   ~~council~~ office of strategic and long-range planning; or (2) the 
143.8   area within one-eighth of a mile around a replacement transit 
143.9   service transit hub.  "Transit zone" includes any light rail 
143.10  transit route for which funds for construction have been 
143.11  committed. 
143.12     Sec. 61.  Minnesota Statutes 2000, section 473.3915, 
143.13  subdivision 4, is amended to read: 
143.14     Subd. 4.  [TRANSIT ZONES; MAP AND PLAN.] For the purposes 
143.15  of section 273.13, subdivision 24, the ~~council~~ commissioner 
143.16  shall designate transit zones and identify them on a detailed 
143.17  map and in a plan.  The ~~council~~ commissioner shall review the 
143.18  map and plan once a year and revise them as necessary to 
143.19  indicate the current transit zones.  The ~~council~~ commissioner 
143.20  shall provide each county and city assessor in the metropolitan 
143.21  area a copy of the current map and plan. 
143.22     Sec. 62.  Minnesota Statutes 2000, section 473.392, is 
143.23  amended to read: 
143.24     473.392 [SERVICE BIDDING.] 
143.25     The ~~council~~ commissioner may competitively bid transit 
143.26  service only in accordance with standards, procedures, and 
143.27  guidelines adopted by ~~resolution of~~ the ~~council~~ commissioner.  
143.28  The ~~council~~ commissioner shall establish a project management 
143.29  team to assist and advise the ~~council~~ commissioner in developing 
143.30  and implementing standards, procedures, and guidelines.  The 
143.31  project management team must include representatives of the 
143.32  Amalgamated Transit Union Local 1005, private operators, local 
143.33  governments, and other persons interested in the subject.  At 
143.34  least 60 days before adopting any standards, procedures, or 
143.35  guidelines for competitive bidding of transit service, 
143.36  the ~~council~~ commissioner shall hold a public hearing on the 
144.1   subject.  The ~~council~~ commissioner shall publish notice of the 
144.2   hearing in newspapers of general circulation in the metropolitan 
144.3   area not less than 15 days before the hearing.  At the hearing 
144.4   all interested persons must be afforded an opportunity to 
144.5   present their views orally and in writing.  Following the 
144.6   hearing, and after considering the testimony, the ~~council~~ 
144.7   commissioner shall revise and adopt the standards, procedures, 
144.8   and guidelines. 
144.9      Sec. 63.  Minnesota Statutes 2000, section 473.399, is 
144.10  amended to read: 
144.11     473.399 [LIGHT RAIL TRANSIT AND COMMUTER RAIL PLANNING.] 
144.12     Subdivision 1.  [GENERAL REQUIREMENTS.] (a) The ~~council~~ 
144.13  commissioner shall adopt a plan to ensure that light rail 
144.14  transit facilities in the metropolitan area will be acquired, 
144.15  developed, owned, and capable of operation in an efficient, 
144.16  cost-effective, and coordinated manner in coordination with 
144.17  buses and other transportation modes and facilities.  The plan 
144.18  may be developed and adopted in phases corresponding to phasing 
144.19  of construction of light rail.  The ~~council~~ commissioner may 
144.20  incorporate into ~~its~~ the plan appropriate elements of the plans 
144.21  of regional railroad authorities and the former metropolitan 
144.22  council in order to avoid duplication of effort. 
144.23     (b) The light rail transit plan or first phase of the plan 
144.24  required by this section must be ~~adopted~~ approved by the ~~council~~ 
144.25  commissioner before the commissioner ~~of transportation~~ may begin 
144.26  construction of light rail transit facilities.  Following 
144.27  ~~adoption~~ approval of the plan, the commissioner of 
144.28  transportation shall act in conformity with the plan.  The 
144.29  commissioner shall prepare or amend the final design plans as 
144.30  necessary to make the plans consistent with the light rail 
144.31  transit plan. 
144.32     (c) Throughout the development and implementation of the 
144.33  plan, the ~~council~~ commissioner shall contract for or otherwise 
144.34  obtain engineering services to assure that the plan adequately 
144.35  addresses the technical aspects of light rail transit. 
144.36     Subd. 1a.  [INTEGRATED TRANSPORTATION SYSTEM.] The 
145.1   commissioner of transportation ~~and the metropolitan council~~ 
145.2   shall ensure that the light rail transit and commuter rail 
145.3   facilities are planned, designed, and implemented:  (1) to move 
145.4   commuters and transit users into and out of, as well as within, 
145.5   the metropolitan area, and (2) to ensure that rail transit lines 
145.6   will interface with each other and other transportation 
145.7   facilities and services so as to provide a unified, integrated, 
145.8   and efficient multimodal transportation system. 
145.9      Sec. 64.  Minnesota Statutes 2000, section 473.3994, 
145.10  subdivision 4, is amended to read: 
145.11     Subd. 4.  [PRELIMINARY DESIGN PLANS; ~~COUNCIL~~ OFFICE OF 
145.12  STRATEGIC AND LONG-RANGE PLANNING REFERRAL.] If the governing 
145.13  body of one or more cities, counties, or towns disapproves the 
145.14  preliminary design plans within the period allowed under 
145.15  subdivision 3, the commissioner of transportation may refer the 
145.16  plans, along with any comments of local jurisdictions, to 
145.17  the ~~metropolitan council~~ office of strategic and long-range 
145.18  planning.  The ~~council~~ office shall hold a hearing on the plans, 
145.19  giving the commissioner of transportation, any disapproving 
145.20  local governmental units, and other persons an opportunity to 
145.21  present their views on the plans.  The ~~council~~ office may 
145.22  conduct independent study as it deems desirable and may mediate 
145.23  and attempt to resolve disagreements about the plans.  Within 90 
145.24  days after the referral, the ~~council~~ office shall review the 
145.25  plans submitted by the commissioner of transportation and 
145.26  the ~~council~~ office shall decide what amendments to the plans, if 
145.27  any, must be made to accommodate the objections presented by the 
145.28  disapproving local governmental units.  The commissioner shall 
145.29  make the amendments to the plans before continuing the planning 
145.30  and designing process.  
145.31     Sec. 65.  Minnesota Statutes 2000, section 473.3994, 
145.32  subdivision 5, is amended to read: 
145.33     Subd. 5.  [FINAL DESIGN PLANS.] (a) If the final design 
145.34  plans incorporate a substantial change from the preliminary 
145.35  design plans with respect to location, length, or termini of 
145.36  routes; general dimension, elevation, or alignment of routes and 
146.1   crossings; location of tracks above ground, below ground, or at 
146.2   ground level; or station locations, before beginning 
146.3   construction, the commissioner shall submit the changed 
146.4   component of final design plans to the governing body of each 
146.5   statutory and home rule city, county, and town in which the 
146.6   changed component is proposed to be located.  Within 60 days 
146.7   after the submission of the plans, the city, county, or town 
146.8   shall review and approve or disapprove the changed component 
146.9   located in the city, county, or town.  A local unit of 
146.10  government that disapproves the change shall describe specific 
146.11  amendments to the plans that, if adopted, would cause the local 
146.12  unit to withdraw its disapproval.  Failure to approve or 
146.13  disapprove the changed plans in writing within the time period 
146.14  is deemed to be approval, unless an extension is agreed to by 
146.15  the city, county, or town and the commissioner.  
146.16     (b) If the governing body of one or more cities, counties, 
146.17  or towns disapproves the changed plans within the period allowed 
146.18  under paragraph (a), the commissioner may refer the plans, along 
146.19  with any comments of local jurisdictions, to the ~~metropolitan~~ 
146.20  ~~council~~ office of strategic and long-range planning.  
146.21  The ~~council~~ office shall review the final design plans under the 
146.22  same procedure and with the same effect as provided in 
146.23  subdivision 4 for preliminary design plans. 
146.24     Sec. 66.  Minnesota Statutes 2000, section 473.3994, 
146.25  subdivision 7, is amended to read: 
146.26     Subd. 7.  [~~COUNCIL~~ OFFICE OF STRATEGIC AND LONG-RANGE 
146.27  PLANNING REVIEW.] Before proceeding with construction of a light 
146.28  rail transit facility, the commissioner must submit preliminary 
146.29  and final design plans to the ~~metropolitan council~~ office of 
146.30  strategic and long-range planning.  The ~~council~~ office must 
146.31  review the plans for consistency with the ~~council's~~ office's 
146.32  development guide and approve the plans. 
146.33     Sec. 67.  Minnesota Statutes 2000, section 473.3994, 
146.34  subdivision 9, is amended to read: 
146.35     Subd. 9.  [LIGHT RAIL TRANSIT OPERATING COSTS.] (a) Before 
146.36  submitting an application for federal assistance for light rail 
147.1   transit facilities in the metropolitan area, the applicant must 
147.2   provide to the ~~metropolitan council~~ commissioner estimates of 
147.3   the amount of operating subsidy which will be required to 
147.4   operate light rail transit in the corridor to which the federal 
147.5   assistance would be applied.  The information provided to the 
147.6   ~~council~~ commissioner must indicate the amount of operating 
147.7   subsidy estimated to be required in each of the first ten years 
147.8   of operation of the light rail transit facility. 
147.9      (b) The ~~council~~ commissioner must review and evaluate the 
147.10  information provided under paragraph (a) with regard to the 
147.11  effect of operating the light rail transit facility on the 
147.12  currently available mechanisms for financing transit in the 
147.13  metropolitan area. 
147.14     Sec. 68.  Minnesota Statutes 2000, section 473.3994, 
147.15  subdivision 10, is amended to read: 
147.16     Subd. 10.  [CORRIDOR MANAGEMENT COMMITTEE.] A corridor 
147.17  management committee shall be established to advise the 
147.18  commissioner of transportation in the design and construction of 
147.19  light rail transit in each corridor to be constructed.  The 
147.20  corridor management committee shall consist of the following 
147.21  members:  
147.22     (1) one member appointed by each city and county in which 
147.23  the corridor is located; 
147.24     (2) the commissioner of transportation or a designee of the 
147.25  commissioner, who shall serve as chair of the committee; 
147.26     (3) ~~two members appointed by the metropolitan council, one~~ 
147.27  ~~of whom shall be designated as the chair of the committee;~~ 
147.28     ~~(4)~~ one member appointed by the metropolitan airports 
147.29  commission, if the designated corridor provides direct service 
147.30  to the Minneapolis-St. Paul International Airport; and 
147.31     ~~(5)~~ (4) one member appointed by the president of the 
147.32  University of Minnesota, if the designated corridor provides 
147.33  direct service to the university. 
147.34     The corridor management committee shall advise the 
147.35  commissioner of transportation on issues relating to the 
147.36  alternatives analysis, environmental review, preliminary design, 
148.1   preliminary engineering, final design, implementation method, 
148.2   and construction of light rail transit. 
148.3      Sec. 69.  Minnesota Statutes 2000, section 473.3994, 
148.4   subdivision 13, is amended to read: 
148.5      Subd. 13.  [DISPUTE RESOLUTION.] In the event of a dispute 
148.6   between any of the parties arising from the parties' respective 
148.7   authority and responsibility under this section, the dispute 
148.8   shall be submitted to the ~~metropolitan council~~ office of 
148.9   stategic and long-range planning for final resolution by any 
148.10  party to the dispute.  The ~~metropolitan council shall establish~~ 
148.11  ~~by July 1, 1993, a process to ensure a prompt and speedy~~ 
148.12  ~~resolution of the dispute.  This~~ dispute resolution process 
148.13  shall allow the parties to provide evidence and testimony in 
148.14  support of their positions. 
148.15     Sec. 70.  Minnesota Statutes 2000, section 473.3997, is 
148.16  amended to read: 
148.17     473.3997 [FEDERAL FUNDING; LIGHT RAIL TRANSIT.] 
148.18     (a) Upon completion of the alternatives analysis and draft 
148.19  environmental impact statement for the central corridor transit 
148.20  improvement project, ~~the council,~~ the commissioner of 
148.21  transportation, and the affected regional rail authorities may 
148.22  prepare a joint application for federal assistance for light 
148.23  rail transit facilities in the metropolitan area.  ~~The~~ 
148.24  ~~application must be reviewed and approved by the metropolitan~~ 
148.25  ~~council before it is submitted by the council and the~~ 
148.26  ~~commissioner.  In reviewing the application the council must~~ 
148.27  ~~consider the information submitted to it under section 473.3994,~~ 
148.28  ~~subdivision 9.~~  
148.29     (b) Until the application described in paragraph (a) is 
148.30  submitted, no political subdivision in the metropolitan area may 
148.31  on its own apply for federal assistance for light rail transit 
148.32  planning or construction. 
148.33     Sec. 71.  Minnesota Statutes 2000, section 473.405, 
148.34  subdivision 1, is amended to read: 
148.35     Subdivision 1.  [GENERAL.] The ~~metropolitan council~~ 
148.36  commissioner has the powers and duties prescribed by this 
149.1   section and sections 473.407 to 473.449 and all powers necessary 
149.2   or convenient to discharge ~~its~~ the commissioner's duties.  
149.3      Sec. 72.  Minnesota Statutes 2000, section 473.405, 
149.4   subdivision 3, is amended to read: 
149.5      Subd. 3.  [CONDEMNATION.] The ~~council~~ commissioner may for 
149.6   transit purposes acquire property, franchises, easements, or 
149.7   property rights or interests of any kind by condemnation 
149.8   proceedings pursuant to chapter 117.  Except as provided in 
149.9   subdivision 9, the ~~council~~ commissioner may take possession of 
149.10  any property for which condemnation proceedings have been 
149.11  commenced at any time after the filing of the petition 
149.12  describing the property in the proceedings.  The ~~council~~ 
149.13  commissioner may contract with an operator or other persons for 
149.14  the use by the operator or person of any property under 
149.15  the ~~council's~~ commissioner's control.  
149.16     Sec. 73.  Minnesota Statutes 2000, section 473.405, 
149.17  subdivision 4, is amended to read: 
149.18     Subd. 4.  [TRANSIT SYSTEMS.] The ~~council~~ commissioner may 
149.19  engineer, construct, equip, and operate transit and paratransit 
149.20  systems, projects, or any parts thereof, including road lanes or 
149.21  rights of way, terminal facilities, maintenance and garage 
149.22  facilities, ramps, parking areas, and any other facilities 
149.23  useful for or related to any public transit or paratransit 
149.24  system or project.  The council may sell or lease naming rights 
149.25  with regard to light rail transit stations and apply revenues 
149.26  from sales or leases to light rail transit operating costs. 
149.27     Sec. 74.  Minnesota Statutes 2000, section 473.405, 
149.28  subdivision 5, is amended to read: 
149.29     Subd. 5.  [ACQUISITION OF TRANSIT SYSTEMS.] The ~~council~~ 
149.30  commissioner may acquire by purchase, lease, gift, or 
149.31  condemnation proceedings any existing public transit system or 
149.32  any part thereof, including all or any part of the plant, 
149.33  equipment, shares of stock, property, real, personal, or mixed, 
149.34  rights in property, reserve funds, special funds, franchises, 
149.35  licenses, patents, permits and papers, documents and records 
149.36  belonging to any operator of a public transit system within the 
150.1   metropolitan area, and may in connection therewith assume any or 
150.2   all liabilities of any operator of a public transit system.  The 
150.3   ~~council~~ commissioner may take control of and operate a system 
150.4   immediately following the filing and approval of the initial 
150.5   petition for condemnation, if the ~~council~~ commissioner, in ~~its~~ 
150.6   the commissioner's discretion, determines this to be necessary, 
150.7   and may take possession of all right, title and other powers of 
150.8   ownership in all properties and facilities described in the 
150.9   petition.  Control must be taken by resolution which is 
150.10  effective upon service of a copy on the condemnee and the filing 
150.11  of the resolution in the condemnation action.  In the 
150.12  determination of the fair value of the existing public transit 
150.13  system, there must not be included any value attributable to 
150.14  expenditures for improvements made by the former metropolitan 
150.15  transit commission or the former metropolitan council. 
150.16     The ~~council~~ commissioner may continue or terminate within 
150.17  three months of acquisition any advertising contract in 
150.18  existence by and between any advertiser and a transit system 
150.19  that the ~~council~~ commissioner has acquired.  If the ~~council~~ 
150.20  commissioner determines to terminate the advertising 
150.21  contract, ~~it~~ the commissioner shall acquire all of the 
150.22  advertiser's rights under the contract by purchase or eminent 
150.23  domain proceedings as provided by law. 
150.24     Sec. 75.  Minnesota Statutes 2000, section 473.405, 
150.25  subdivision 9, is amended to read: 
150.26     Subd. 9.  [CONDEMNATION OF PUBLIC OR PUBLIC SERVICE 
150.27  CORPORATION PROPERTY.] The fact that property is owned by or is 
150.28  in charge of a public agency or a public service corporation 
150.29  organized for a purpose specified in section 300.03, or is 
150.30  already devoted to a public use or to use by the corporation or 
150.31  was acquired therefor by condemnation may not prevent its 
150.32  acquisition by the ~~council~~ commissioner by condemnation, but if 
150.33  the property is in actual public use or in actual use by the 
150.34  corporation for any purpose of interest or benefit to the 
150.35  public, the taking by the ~~council~~ commissioner by condemnation 
150.36  may not be authorized unless the court finds and determines that 
151.1   there is greater public necessity for the proposed use by 
151.2   the ~~council~~ commissioner than for the existing use. 
151.3      Sec. 76.  Minnesota Statutes 2000, section 473.405, 
151.4   subdivision 10, is amended to read: 
151.5      Subd. 10.  [VOLUNTARY TRANSFER OF PUBLIC PROPERTY TO THE 
151.6   COMMISSIONER.] Any state department or other agency of the state 
151.7   government or any county, municipality, or other public agency 
151.8   may sell, lease, grant, transfer, or convey to the ~~council~~ 
151.9   commissioner, with or without consideration, any facilities or 
151.10  any part or parts thereof or any real or personal property or 
151.11  interest therein which may be useful to the ~~council~~ commissioner 
151.12  for any authorized purpose.  In any case where the construction 
151.13  of a facility has not been completed, the public agency 
151.14  concerned may also transfer, sell, assign, and set over to 
151.15  the ~~council~~ commissioner, with or without consideration, any 
151.16  existing contract for the construction of the facilities.  
151.17     Sec. 77.  Minnesota Statutes 2000, section 473.405, 
151.18  subdivision 12, is amended to read: 
151.19     Subd. 12.  [MANAGEMENT CONTRACTS.] Notwithstanding any of 
151.20  the other provisions of this section and sections 473.407 to 
151.21  473.449, the ~~council~~ commissioner may, in lieu of directly 
151.22  operating any public transit system or any part thereof, enter 
151.23  into contracts for management services.  The contracts may 
151.24  provide for compensation, incentive fees, the employment of 
151.25  personnel, the services provided, and other terms and conditions 
151.26  that the ~~council~~ commissioner deems proper.  The contracts must 
151.27  provide that the compensation of personnel who work full time or 
151.28  substantially full time providing management or other services 
151.29  for the ~~council~~ commissioner is public data under chapter 13.  
151.30     The ~~council~~ commissioner may not permit a contract manager 
151.31  to supervise or manage internal audit activities.  Internal 
151.32  audit activity must be supervised and managed directly by the 
151.33  ~~council~~ commissioner.  The ~~council~~ commissioner shall advertise 
151.34  for bids and select contracts for management services through 
151.35  competitive bidding.  The term of the contract may not be longer 
151.36  than two years.  The contract must include clear operating 
152.1   objectives, stating the service policies and goals of 
152.2   the ~~council~~ commissioner in terms of the movement of various 
152.3   passenger groups, and performance criteria, by means of which 
152.4   success in achieving the operating objectives can be measured.  
152.5   The ~~council~~ commissioner shall consider and determine the 
152.6   feasibility and desirability of having all its transit 
152.7   management services provided internally by employees of the 
152.8   ~~council~~ commissioner.  
152.9      The employees of any public transit system operated 
152.10  pursuant to the provisions of this subdivision for the purpose 
152.11  of resolving any dispute arising under any existing or new 
152.12  collective bargaining agreement relating to the terms or 
152.13  conditions of their employment, may either engage in a concerted 
152.14  refusal to work or to invoke the processes of final and binding 
152.15  arbitration as provided by chapter 572, subject to any 
152.16  applicable provisions of the agreement not inconsistent with law.
152.17     Sec. 78.  Minnesota Statutes 2000, section 473.405, 
152.18  subdivision 15, is amended to read: 
152.19     Subd. 15.  [RELOCATION OF DISPLACED PERSONS.] The 
152.20  ~~council~~ commissioner may plan for and assist in the relocation 
152.21  of individuals, families, business concerns, nonprofit 
152.22  organizations, and others displaced by operations of the ~~council~~ 
152.23  department, and may make relocation payments in accordance with 
152.24  federal regulations.  
152.25     Sec. 79.  Minnesota Statutes 2000, section 473.4051, is 
152.26  amended to read: 
152.27     473.4051 [LIGHT RAIL TRANSIT OPERATION.] 
152.28     The ~~council~~ department shall operate light rail transit 
152.29  facilities and services upon completion of construction of the 
152.30  facilities and the commencement of revenue service using the 
152.31  facilities.  The commissioner of transportation ~~and the council~~ 
152.32  may not allow the commencement of revenue service until after an 
152.33  appropriate period of acceptance testing to ensure satisfactory 
152.34  performance.  In assuming the operation of the system, the 
152.35  ~~council~~ commissioner must comply with section 473.415.  The 
152.36  ~~council~~ commissioner shall coordinate operation of the light 
153.1   rail transit system with bus service to avoid duplication of 
153.2   service on a route served by light rail transit and to ensure 
153.3   the widest possible access to light rail transit lines in both 
153.4   suburban and urban areas by means of a feeder bus system.  
153.5      Sec. 80.  Minnesota Statutes 2000, section 473.407, 
153.6   subdivision 1, is amended to read: 
153.7      Subdivision 1.  [AUTHORIZATION.] The ~~council~~ commissioner 
153.8   may appoint peace officers, as defined in section 626.84, 
153.9   subdivision 1, paragraph (c), and establish a law enforcement 
153.10  agency, as defined in section 626.84, subdivision 1, paragraph 
153.11  (h), known as the metropolitan transit police, to police its 
153.12  transit property and routes and to make arrests under sections 
153.13  629.30 and 629.34.  The jurisdiction of the law enforcement 
153.14  agency is limited to offenses relating to ~~council~~ department 
153.15  transit property, equipment, employees, and passengers. 
153.16     Sec. 81.  Minnesota Statutes 2000, section 473.407, 
153.17  subdivision 3, is amended to read: 
153.18     Subd. 3.  [POLICIES.] Before the ~~council~~ commissioner 
153.19  begins to operate ~~its~~ the department's law enforcement agency 
153.20  within a city or county with an existing law enforcement agency, 
153.21  the transit police shall develop, in conjunction with the law 
153.22  enforcement agencies, written policies that describe how the 
153.23  issues of joint jurisdiction will be resolved.  The policies 
153.24  must also address the operation of emergency vehicles by transit 
153.25  police responding to transit emergencies.  These policies must 
153.26  be filed with the board of peace officer standards and training 
153.27  by August 1, 1993.  Revisions of any of these policies must be 
153.28  filed with the board within ten days of the effective date of 
153.29  the revision.  The ~~council~~ commissioner shall train all of its 
153.30  peace officers regarding the application of these policies. 
153.31     Sec. 82.  Minnesota Statutes 2000, section 473.407, 
153.32  subdivision 4, is amended to read: 
153.33     Subd. 4.  [CHIEF LAW ENFORCEMENT OFFICER.] The ~~regional~~ 
153.34  ~~administrator~~ commissioner shall appoint a peace officer 
153.35  employed full time to be the chief law enforcement officer and 
153.36  to be responsible for the management of the metropolitan transit 
154.1   police.  The chief law enforcement officer shall possess the 
154.2   necessary police and management experience to manage a law 
154.3   enforcement agency.  The chief law enforcement officer may 
154.4   appoint, discipline, and discharge all transit police 
154.5   personnel.  All police managerial and supervisory personnel must 
154.6   be full-time employees of the metropolitan transit police.  
154.7   Supervisory personnel must be on duty and available any time 
154.8   transit police are on duty.  The chief law enforcement officer 
154.9   may not hire part-time peace officers as defined in section 
154.10  626.84, subdivision 1, paragraph (f), except that the chief may 
154.11  appoint peace officers to work on a part-time basis not to 
154.12  exceed 30 full-time equivalents.  A part-time officer must 
154.13  maintain an active peace officer license with the officer's 
154.14  full-time law enforcement employer. 
154.15     Sec. 83.  Minnesota Statutes 2000, section 473.407, 
154.16  subdivision 5, is amended to read: 
154.17     Subd. 5.  [EMERGENCIES.] (a) The ~~council~~ commissioner shall 
154.18  ensure that all emergency vehicles used by transit police are 
154.19  equipped with radios capable of receiving and transmitting on 
154.20  the same frequencies utilized by the law enforcement agencies 
154.21  that have primary jurisdiction. 
154.22     (b) When the transit police receive an emergency call they 
154.23  shall notify the public safety agency with primary jurisdiction 
154.24  and coordinate the appropriate response. 
154.25     (c) Transit police officers shall notify the primary 
154.26  jurisdictions of their response to any emergency. 
154.27     Sec. 84.  Minnesota Statutes 2000, section 473.408, 
154.28  subdivision 1, is amended to read: 
154.29     Subdivision 1.  [DEFINITION.] "Off-peak hours" means the 
154.30  time from 9:00 a.m. to 3:30 p.m. and 6:30 p.m. until the last 
154.31  bus on Monday through Friday of each week and all day Saturday, 
154.32  Sunday, and holidays designated by the ~~council~~ commissioner. 
154.33     Sec. 85.  Minnesota Statutes 2000, section 473.408, 
154.34  subdivision 2, is amended to read: 
154.35     Subd. 2.  [FARE POLICY.] (a) Fares and fare collection 
154.36  systems shall be established and administered to accomplish the 
155.1   following purposes: 
155.2      (1) to encourage and increase transit and paratransit 
155.3   ridership with an emphasis on regular ridership; 
155.4      (2) to restrain increases in the average operating subsidy 
155.5   per passenger; 
155.6      (3) to ensure that no riders on any route pay more in fares 
155.7   than the average cost of providing the service on that route; 
155.8      (4) to ensure that operating revenues are proportioned to 
155.9   the cost of providing the service so as to reduce any disparity 
155.10  in the subsidy per passenger on routes in the transit system; 
155.11  and 
155.12     (5) to implement the social fares as set forth in 
155.13  subdivision 2b.  
155.14     (b) The plan must contain a statement of the policies that 
155.15  will govern the imposition of user charges for various types of 
155.16  transit service and the policies that will govern decisions by 
155.17  the ~~council~~ commissioner to change fare policy. 
155.18     Sec. 86.  Minnesota Statutes 2000, section 473.408, 
155.19  subdivision 2a, is amended to read: 
155.20     Subd. 2a.  [REGULAR ROUTE FARES.] The ~~council~~ commissioner 
155.21  shall establish and enforce uniform fare policies for regular 
155.22  route transit in the metropolitan area.  The policies must be 
155.23  consistent with the requirements of this section and the 
155.24  ~~council's~~ office of strategic and long-range planning's 
155.25  transportation policy plan.  The ~~council~~ commissioner and other 
155.26  operators shall charge a base fare and any surcharges for peak 
155.27  hours and distance of service in accordance with the ~~council's~~ 
155.28  commissioner's fares policies.  The ~~council~~ commissioner shall 
155.29  approve all fare schedules. 
155.30     Sec. 87.  Minnesota Statutes 2000, section 473.408, 
155.31  subdivision 2b, is amended to read: 
155.32     Subd. 2b.  [SOCIAL FARES.] For the purposes of raising 
155.33  revenue for improving public safety on transit vehicles and at 
155.34  transit hubs or stops, the ~~council~~ commissioner shall review and 
155.35  may adjust its social fares as they relate to passengers under 
155.36  the age of 18 during high crime times provided that the 
156.1   increased revenues are dedicated to improving the safety of all 
156.2   passengers. 
156.3      Sec. 88.  Minnesota Statutes 2000, section 473.408, 
156.4   subdivision 4, is amended to read: 
156.5      Subd. 4.  [CIRCULATION FARES.] The ~~council~~ commissioner and 
156.6   other operators may charge a reduced fare for service on any 
156.7   route providing circulation service in a downtown area or 
156.8   community activity center.  The ~~council~~ commissioner and other 
156.9   operators shall not contribute more than 50 percent of the 
156.10  operating deficit of any such route that is confined to a 
156.11  downtown area or community activity center.  The boundaries of 
156.12  service districts eligible for reduced fares under this 
156.13  subdivision must be approved by the ~~council~~ commissioner. 
156.14     Sec. 89.  Minnesota Statutes 2000, section 473.408, 
156.15  subdivision 6, is amended to read: 
156.16     Subd. 6.  [MONTHLY PASSES.] The ~~council~~ commissioner may 
156.17  offer monthly passes for regular route bus service for sale to 
156.18  the general public.  
156.19     Sec. 90.  Minnesota Statutes 2000, section 473.408, 
156.20  subdivision 7, is amended to read: 
156.21     Subd. 7.  [EMPLOYEE DISCOUNT PASSES.] The ~~council~~ 
156.22  commissioner may offer passes for regular route bus service for 
156.23  sale to employers at a special discount.  
156.24     Sec. 91.  Minnesota Statutes 2000, section 473.409, is 
156.25  amended to read: 
156.26     473.409 [AGREEMENTS WITH ~~COUNCIL~~ COMMISSIONER; 
156.27  ENCOURAGEMENT OF TRANSIT USE.] 
156.28     A state department or agency, including the legislative 
156.29  branch, any local governmental unit, or a metropolitan agency 
156.30  may enter into an agreement with the ~~council~~ commissioner and 
156.31  other operators for the purpose of encouraging the use of 
156.32  transit by its employees residing in the metropolitan area.  The 
156.33  agreement may provide for, among other things:  (a) the advance 
156.34  purchase of tokens, tickets or other devices from the ~~council~~ 
156.35  commissioner or other operator for use in lieu of fares on 
156.36  vehicles operated by the ~~council~~ commissioner or other operator; 
157.1   and (b) special transit service for employees to and from their 
157.2   place of employment, at fares to be agreed upon by the 
157.3   contracting parties.  The tokens, tickets, or other devices or 
157.4   services may be made available to employees at reduced rates.  
157.5   Any such agreement and arrangement by a state department or 
157.6   agency shall be submitted to the commissioner of administration 
157.7   for approval before execution.  Any operating deficits or 
157.8   subsidy resulting from such agreements shall be assumed by the 
157.9   contracting department, agency, governmental unit, or other 
157.10  commission, unless otherwise provided in an agreement approved 
157.11  by the ~~council~~ commissioner. 
157.12     Sec. 92.  Minnesota Statutes 2000, section 473.411, 
157.13  subdivision 5, is amended to read: 
157.14     Subd. 5.  [USE OF PUBLIC ROADWAYS AND APPURTENANCES.] 
157.15  The ~~council~~ commissioner may use for the purposes of sections 
157.16  473.405 to 473.449 upon the conditions stated in this 
157.17  subdivision any state highway or other public roadway, parkway, 
157.18  or lane, or any bridge or tunnel or other appurtenance of a 
157.19  roadway, without payment of any compensation, provided the use 
157.20  does not interfere unreasonably with the public use or 
157.21  maintenance of the roadway or appurtenance or entail any 
157.22  substantial additional costs for maintenance.  The provisions of 
157.23  this subdivision do not apply to the property of any common 
157.24  carrier railroad or common carrier railroads.  ~~The consent of~~ 
157.25  ~~the public agency in charge of such state highway or other~~ 
157.26  ~~public highway or roadway or appurtenance is not required;~~ 
157.27  ~~except that~~ If the ~~council~~ commissioner seeks to use a 
157.28  designated parkway for regular route service in the city of 
157.29  Minneapolis, ~~it~~ the commissioner must obtain permission from and 
157.30  is subject to reasonable limitations imposed by a joint board 
157.31  consisting of two representatives ~~from~~ of the ~~council~~ 
157.32  commissioner, two members of the board of park commissioners, 
157.33  and a fifth member jointly selected by the representatives of 
157.34  the ~~council~~ commissioner and the park board.  
157.35     The board of park commissioners and the ~~council~~ 
157.36  commissioner may designate persons to sit on the joint board.  
158.1   In considering a request by the ~~council~~ commissioner to use 
158.2   designated parkways for additional routes or trips, the joint 
158.3   board consisting of the ~~council or their~~ commissioner's 
158.4   designees, the board of park commissioners or their designees, 
158.5   and the fifth member, shall base its decision to grant or deny 
158.6   the request based on the criteria to be established by the joint 
158.7   board.  The decision to grant or deny the request must be made 
158.8   within 45 days of the date of the request.  The park board must 
158.9   be notified immediately by the ~~council~~ commissioner of any 
158.10  temporary route detours.  If the park board objects to the 
158.11  temporary route detours within five days of being notified, the 
158.12  joint board must convene and decide whether to grant the 
158.13  request, otherwise the request is deemed granted.  If the agency 
158.14  objects to the proposed use or claims reimbursement from 
158.15  the ~~council~~ commissioner for additional cost of maintenance, it 
158.16  may commence an action against the ~~council~~ commissioner in the 
158.17  district court of the county wherein the highway, roadway, or 
158.18  appurtenance, or major portion thereof, is located.  The 
158.19  proceedings in the action must conform to the rules of civil 
158.20  procedure applicable to the district courts.  The court shall 
158.21  sit without jury.  If the court determines that the use in 
158.22  question interferes unreasonably with the public use or 
158.23  maintenance of the roadway or appurtenance, it shall enjoin the 
158.24  use by the ~~council~~ commissioner.  If the court determines that 
158.25  the use in question does not interfere unreasonably with the 
158.26  public use or maintenance of the roadway or appurtenance, but 
158.27  that it entails substantial additional maintenance costs, the 
158.28  court shall award judgment to the agency for the amount of the 
158.29  additional costs.  Otherwise the court shall award judgment to 
158.30  the ~~council~~ commissioner.  An aggrieved party may appeal from 
158.31  the judgment of the district court in the same manner as is 
158.32  provided for such appeals in other civil actions.  The ~~council~~ 
158.33  commissioner may also use land within the right-of-way of any 
158.34  state highway or other public roadway for the erection of 
158.35  traffic control devices, other signs, and passenger shelters 
158.36  upon the conditions stated in this subdivision ~~and subject only~~ 
159.1   ~~to the approval of the commissioner of transportation where~~ 
159.2   ~~required by statute,~~ and subject to the express provisions of 
159.3   other applicable statutes and to federal requirements where 
159.4   necessary to qualify for federal aid. 
159.5      Sec. 93.  Minnesota Statutes 2000, section 473.415, 
159.6   subdivision 1, is amended to read: 
159.7      Subdivision 1.  [INCLUDES NO WORSE OFF CLAUSE.] If the 
159.8   ~~council~~ commissioner acquires an existing transit system, the 
159.9   ~~council~~ commissioner shall assume and observe all existing labor 
159.10  contracts and pension obligations.  All employees of such system 
159.11  except executive and administrative officers who are necessary 
159.12  for the operation thereof by the ~~council~~ commissioner shall be 
159.13  transferred to and appointed as employees of the ~~council~~ 
159.14  commissioner for the purposes of the transit system, subject to 
159.15  all the rights and benefits of sections 473.405 to 473.449.  
159.16  Such employees shall be given seniority credit and sick leave, 
159.17  vacation, insurance, and pension credits in accordance with the 
159.18  records or labor agreements from the acquired transit system.  
159.19  The ~~council~~ commissioner shall assume the obligations of any 
159.20  transit system acquired by ~~it~~ the department with regard to 
159.21  wages, salaries, hours, working conditions, sick leave, health 
159.22  and welfare and pension or retirement provisions for employees.  
159.23  The ~~council~~ commissioner and the employees, through their 
159.24  representatives for collective bargaining purposes, shall take 
159.25  whatever action may be necessary to have pension trust funds 
159.26  presently under the joint control of the acquired system and the 
159.27  participating employees through their representatives 
159.28  transferred to the trust fund to be established, maintained and 
159.29  administered jointly by the ~~council~~ state and the participating 
159.30  employees through their representatives.  No employee of any 
159.31  acquired system who is transferred to a position with 
159.32  the ~~council~~ department shall by reason of such transfer be 
159.33  placed in any worse position with respect to workers' 
159.34  compensation, pension, seniority, wages, sick leave, vacation, 
159.35  health and welfare insurance or any other benefits than the 
159.36  employee enjoyed as an employee of such acquired system. 
160.1      Sec. 94.  Minnesota Statutes 2000, section 473.416, is 
160.2   amended to read: 
160.3      473.416 [~~COUNCIL;~~ TAKING OVER PERSONNEL AND CONTRACTS OF 
160.4   TRANSIT SYSTEMS.] 
160.5      Whenever the ~~council~~ department directly operates any 
160.6   public transit system, or any part thereof, or enters into any 
160.7   management contract or other arrangement for the operation of a 
160.8   system, the ~~council~~ commissioner shall take the action necessary 
160.9   to extend to employees of the affected public transit systems, 
160.10  in accordance with seniority, the first opportunity for 
160.11  reasonably comparable employment in any available nonsupervisory 
160.12  jobs in respect to such operations for which they can qualify 
160.13  after a reasonable training period.  The employment must not 
160.14  result in any worsening of the employee's position in the 
160.15  employee's former employment nor any loss of wages, hours, 
160.16  working conditions, seniority, fringe benefits, and rights and 
160.17  privileges pertaining thereto.  The ~~council~~ commissioner may 
160.18  enter into an agreement specifying fair and equitable 
160.19  arrangements to protect the interests of employees who may be 
160.20  affected if the ~~council~~ commissioner should acquire any interest 
160.21  in or purchase any facilities or other property of a privately 
160.22  owned and operated transit system, or construct, improve, or 
160.23  reconstruct any facilities or other property acquired from any 
160.24  system, or provide by contract or otherwise for the operation of 
160.25  transportation facilities or equipment in competition with, or 
160.26  supplementary to, the service provided by an existing transit 
160.27  system.  The agreement, specifying the terms and conditions of 
160.28  the protective arrangements, must comply with any applicable 
160.29  requirements of this chapter, and with the requirements of any 
160.30  federal law or regulation if federal aid is involved.  The 
160.31  agreement may provide for final and binding arbitration of any 
160.32  dispute.  
160.33     Sec. 95.  Minnesota Statutes 2000, section 473.42, is 
160.34  amended to read: 
160.35     473.42 [EMPLOYER CONTRIBUTIONS FOR CERTAIN EMPLOYEES.] 
160.36     Notwithstanding any contrary provisions of section 352.029, 
161.1   the ~~council~~ state shall make the employer contributions required 
161.2   pursuant to section 352.04, subdivision 3, for any employee who 
161.3   was on authorized leave of absence from the transit operating 
161.4   division of the former metropolitan transit commission who is 
161.5   employed by the labor organization which is the exclusive 
161.6   bargaining agent representing employees of the office of transit 
161.7   operations and who is covered by the Minnesota state retirement 
161.8   system in addition to all other employer contributions the 
161.9   ~~council~~ state is required to make. 
161.10     Sec. 96.  Minnesota Statutes 2000, section 473.448, is 
161.11  amended to read: 
161.12     473.448 [TRANSIT ASSETS EXEMPT FROM TAX BUT MUST PAY 
161.13  ASSESSMENTS.] 
161.14     (a) Notwithstanding any other provision of law to the 
161.15  contrary, the properties, moneys, and other assets of the 
161.16  ~~council~~ department of transportation used for transit operations 
161.17  in the metropolitan area or for special transportation 
161.18  services in the metropolitan area and all revenues or other 
161.19  income from the ~~council's~~ department's transit operations in the 
161.20  metropolitan area or special transportation services in the 
161.21  metropolitan area are exempt from all taxation, licenses, or 
161.22  fees imposed by the state or by any county, municipality, 
161.23  political subdivision, taxing district, or other public agency 
161.24  or body of the state, except to the extent that the property is 
161.25  subject to the sales and use tax under chapter 297A. 
161.26     (b) Notwithstanding paragraph (a), the ~~council's~~ 
161.27  department's transit properties are subject to special 
161.28  assessments levied by a political subdivision for a local 
161.29  improvement in amounts proportionate to and not exceeding the 
161.30  special benefit received by the properties from the improvement. 
161.31     Sec. 97.  Minnesota Statutes 2000, section 473.449, is 
161.32  amended to read: 
161.33     473.449 [ACT EXCLUSIVE.] 
161.34     The exercise by the ~~council~~ commissioner of the powers 
161.35  provided in sections 473.405 to 473.449 shall not be subject to 
161.36  regulation by or the jurisdiction or control of any other public 
162.1   body or agency, either state, county, or municipal, except as 
162.2   specifically provided in this chapter. 
162.3      Sec. 98.  [BONDS.] 
162.4      Bonds and other debt authorized by Minnesota Statutes, 
162.5   sections 473.39 and 473.436, that are outstanding on the 
162.6   effective date of this article must be paid and retired 
162.7   according to those sections, section 473.446, and the terms of 
162.8   the bonds or other debt instruments.  The auditors of the 
162.9   metropolitan counties shall see to the administration of this 
162.10  section.  
162.11     Sec. 99.  [TRANSFER PROVISIONS.] 
162.12     Subdivision 1.  [GENERAL.] The metropolitan council's 
162.13  powers and duties related to transit financing, coordination, 
162.14  and operation are transferred to the commissioner of 
162.15  transportation.  Minnesota Statutes, section 15.039 applies to 
162.16  the transfer of the council's powers, duties, and assets to the 
162.17  commissioner to the extent practicable. 
162.18     Subd. 2.  [LEGISLATIVE PROPOSAL.] (a) The commissioner of 
162.19  transportation shall prepare and submit to the legislature by 
162.20  February 1, 2001, proposed legislation to integrate the 
162.21  department's metropolitan area transit powers and duties with 
162.22  its other transportation powers and duties. 
162.23     (b) The proposal must include the following elements: 
162.24     (1) the metropolitan council transit operations will become 
162.25  MnDOT transit division (MTD); 
162.26     (2) a dedicated fund adequate for MTD transit operations be 
162.27  established separate from road and bridge and other 
162.28  transportation department funds; 
162.29     (3) MTD must fully prorate and advertise publicly-owned and 
162.30  operated transit for the metropolitan area; 
162.31     (4) MTD will continue to operate and maintain regional 
162.32  fleet buses and routes with a process set up to transfer 
162.33  ownership of the regional fleet buses to MTD; 
162.34     (5) MCTO Union Local 1005 employees who were absorbed into 
162.35  metropolitan council headquarters be given an opportunity to 
162.36  transfer to the new MTD by a process in the legislative 
163.1   proposal; 
163.2      (6) MCTO Union Local 1005 employees at the time of the 
163.3   transfer from the metropolitan council to MTD be transferred to 
163.4   MTD and that the collective bargaining agreement in effect for 
163.5   Transfer Union Local 1005 at the time of the transfer continue 
163.6   in effect unchanged; and 
163.7      (7) so-called opt-out and similar transit services that use 
163.8   MTD fare boxes, radio system, transit supervision, police, 
163.9   security, maintenance, mechanical, and other services may 
163.10  continue to do so if a fee is paid to MTD for the reasonable 
163.11  value of the services. 
163.12     Sec. 100.  [APPROPRIATION.] 
163.13     $....... is appropriated from the general fund to the 
163.14  commissioner of transportation for the biennium ending June 30, 
163.15  2003, for the purposes of this article. 
163.16     Sec. 101.  [REPEALER.] 
163.17     Minnesota Statutes 2000, sections 174.22, subdivision 3; 
163.18  473.1465; 473.167, subdivisions 3 and 4; 473.388; 473.39, 
163.19  subdivisions 1, 1a, 1b, 1c, 1d, 1e, 1f, 1g, 2, and 4; 473.3915, 
163.20  subdivisions 5 and 6; 473.411, subdivisions 3 and 4; 473.436; 
163.21  and 473.446, are repealed.  
163.22     Sec. 102.  [EFFECTIVE DATE.] 
163.23     Section 31 is effective the day after final enactment.  The 
163.24  remainder of this article is effective July 1, 2002. 
163.25                             ARTICLE 4 
163.26               METROPOLITAN WASTE CONTROL COMMISSION 
163.27     Section 1.  Minnesota Statutes 2000, section 115.54, is 
163.28  amended to read: 
163.29     115.54 [TECHNICAL ADVISORY COMMITTEE.] 
163.30     The agency shall adopt and revise rules governing waste 
163.31  water treatment control under this chapter or chapter 116 only 
163.32  with the advice of a technical advisory committee of seven 
163.33  members.  One member of the committee shall be selected by each 
163.34  of the following:  the state Consulting Engineers Council, the 
163.35  Minnesota chapter of the Central States Water Pollution Control 
163.36  Federation, the Association of Minnesota Counties, the state 
164.1   Wastewater Treatment Plant Operators Association, the 
164.2   metropolitan ~~council~~ waste control commission, the state 
164.3   Association of Small Cities, and the League of Minnesota 
164.4   Cities.  The technical advisory committee may review and advise 
164.5   the agency on any rule or technical requirements governing the 
164.6   wastewater treatment grant or loan program and may review the 
164.7   work of other professional persons working on a wastewater 
164.8   treatment project and make recommendations to those persons, the 
164.9   agency, and the concerned municipality, in order for the agency 
164.10  to ensure that water quality treatment standards will be met.  
164.11  The committee shall meet at least once a year, or at the call of 
164.12  the chair, and shall elect its chair.  The agency must provide 
164.13  staff support for the committee, prepare committee minutes, and 
164.14  provide information to the committee it may request.  A quorum 
164.15  is a simple majority and official action must be by a majority 
164.16  vote of the quorum.  The committee expires as provided in 
164.17  section 15.059, subdivision 5. 
164.18     Sec. 2.  Minnesota Statutes 2000, section 115.741, 
164.19  subdivision 2, is amended to read: 
164.20     Subd. 2.  [GEOGRAPHIC REPRESENTATION.] At least one of the 
164.21  water supply system operators and at least one of the wastewater 
164.22  treatment facility operators must be from outside the 
164.23  seven-county metropolitan area and one wastewater operator must 
164.24  come from the metropolitan ~~council~~ waste control commission. 
164.25     Sec. 3.  Minnesota Statutes 2000, section 116.16, 
164.26  subdivision 2, is amended to read: 
164.27     Subd. 2.  [DEFINITIONS.] In this section and sections 
164.28  116.17 and 116.18: 
164.29     (1) Agency means the Minnesota pollution control agency 
164.30  created by this chapter; 
164.31     (2) Municipality means any county, city, town, the 
164.32  metropolitan ~~council~~ waste control commission, or an Indian 
164.33  tribe or an authorized Indian tribal organization, and any other 
164.34  governmental subdivision of the state responsible by law for the 
164.35  prevention, control, and abatement of water pollution in any 
164.36  area of the state; 
165.1      (3) Water pollution control program means the Minnesota 
165.2   state water pollution control program created by subdivision 1; 
165.3      (4) Bond account means the Minnesota state water pollution 
165.4   control bond account created in the state bond fund by section 
165.5   116.17, subdivision 4; 
165.6      (5) Terms defined in section 115.01 have the meanings 
165.7   therein given them; 
165.8      (6) The eligible cost of any municipal project, except as 
165.9   otherwise provided in clause (7), includes (a) preliminary 
165.10  planning to determine the economic, engineering, and 
165.11  environmental feasibility of the project; (b) engineering, 
165.12  architectural, legal, fiscal, economic, sociological, project 
165.13  administrative costs of the agency and the municipality, and 
165.14  other investigations and studies; (c) surveys, designs, plans, 
165.15  working drawings, specifications, procedures, and other actions 
165.16  necessary to the planning, design, and construction of the 
165.17  project; (d) erection, building, acquisition, alteration, 
165.18  remodeling, improvement, and extension of disposal systems; (e) 
165.19  inspection and supervision of construction; and (f) all other 
165.20  expenses of the kinds enumerated in section 475.65; 
165.21     (7) For state grants under the state independent grants 
165.22  program, the eligible cost includes the acquisition of land for 
165.23  stabilization ponds, the construction of collector sewers for 
165.24  totally unsewered statutory and home rule charter cities and 
165.25  towns described under section 368.01, subdivision 1 or 1a, that 
165.26  are in existence on January 1, 1985, and the provision of 
165.27  reserve capacity sufficient to serve the reasonable needs of the 
165.28  municipality for 20 years in the case of treatment works and 40 
165.29  years in the case of sewer systems.  For state grants under the 
165.30  state independent grants program, the eligible cost does not 
165.31  include the provision of service to seasonal homes, or cost 
165.32  increases from contingencies that exceed three percent of as-bid 
165.33  costs or cost increases from unanticipated site conditions that 
165.34  exceed an additional two percent of as-bid costs; 
165.35     (8) Authority means the Minnesota public facilities 
165.36  authority established in section 446A.03. 
166.1      Sec. 4.  Minnesota Statutes 2000, section 116.182, 
166.2   subdivision 1, is amended to read: 
166.3      Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
166.4   section, the terms defined in this subdivision have the meanings 
166.5   given them. 
166.6      (b) "Agency" means the pollution control agency. 
166.7      (c) "Authority" means the public facilities authority 
166.8   established in section 446A.03. 
166.9      (d) "Commissioner" means the commissioner of the pollution 
166.10  control agency. 
166.11     (e) "Essential project components" means those components 
166.12  of a wastewater disposal system that are necessary to convey or 
166.13  treat a municipality's existing wastewater flows and loadings. 
166.14     (f) "Municipality" means a county, home rule charter or 
166.15  statutory city, town, the metropolitan ~~council~~ waste control 
166.16  commission, an Indian tribe or an authorized Indian tribal 
166.17  organization; or any other governmental subdivision of the state 
166.18  responsible by law for the prevention, control, and abatement of 
166.19  water pollution in any area of the state. 
166.20     (g) "Outstanding international resource value waters" are 
166.21  the surface waters of the state in the Lake Superior Basin, 
166.22  other than Class 7 waters and those waters designated as 
166.23  outstanding resource value waters. 
166.24     (h) "Outstanding resource value waters" are those that have 
166.25  high water quality, wilderness characteristics, unique 
166.26  scientific or ecological significance, exceptional recreation 
166.27  value, or other special qualities that warrant special 
166.28  protection. 
166.29     Sec. 5.  Minnesota Statutes 2000, section 116.182, 
166.30  subdivision 3a, is amended to read: 
166.31     Subd. 3a.  [NOTIFICATION OF OTHER GOVERNMENT UNITS.] In 
166.32  addition to other applicable statutes or rules that are required 
166.33  to receive financial assistance consistent with this 
166.34  subdivision, the commissioner may not approve or certify a 
166.35  project to the public facilities authority for wastewater 
166.36  financial assistance unless the following requirements are met: 
167.1      (1) prior to the initiation of the public facilities 
167.2   planning process for a new wastewater treatment system, the 
167.3   project proposer gives written notice to all municipalities 
167.4   within ten miles of the proposed project service area, including 
167.5   the county in which the project is located, the office of 
167.6   strategic and long-range planning, and the pollution control 
167.7   agency.  The notice shall state the proposer's intent to begin 
167.8   the facilities planning process and provide a description of the 
167.9   need for the proposed project.  The notice also shall request a 
167.10  response within 30 days of the notice date from all government 
167.11  units who wish to receive and comment on the future facilities 
167.12  plan for the proposed project; 
167.13     (2) during development of the facility plan's analysis of 
167.14  service alternatives, the project proposer must request 
167.15  information from all municipalities and sanitary districts which 
167.16  have existing systems that have current capacity to meet the 
167.17  proposer's needs or can be upgraded to meet those needs.  At a 
167.18  minimum, the proposer must notify in writing those 
167.19  municipalities and sanitary districts whose corporate limits or 
167.20  boundaries are within three miles of the proposed project's 
167.21  service area; 
167.22     (3) 60 days prior to the municipality's public hearing on 
167.23  the facilities plan, a copy of the draft facilities plan and 
167.24  notice of the public hearing on the facilities plan must be 
167.25  given to the local government units who previously expressed 
167.26  interest in the proposed project under clause (1); 
167.27     (4) for a proposed project located or proposed to be 
167.28  located outside the corporate limits of a city, the affected 
167.29  county has certified to the agency that the proposed project is 
167.30  consistent with the applicable county comprehensive plan and 
167.31  zoning and subdivision regulations; and 
167.32     (5) copies of the notifications required under clauses (1) 
167.33  and (2), as well as the certification from the county and a 
167.34  summary of the comments received, must be included by the 
167.35  municipality in the submission of its facilities plan to the 
167.36  pollution control agency, along with other required items as 
168.1   specified in the agency's rules. 
168.2      This subdivision does not apply to the western Lake 
168.3   Superior sanitary district or the metropolitan ~~council~~ waste 
168.4   control commission. 
168.5      Sec. 6.  Minnesota Statutes 2000, section 275.066, is 
168.6   amended to read: 
168.7      275.066 [SPECIAL TAXING DISTRICTS; DEFINITION.] 
168.8      For the purposes of property taxation and property tax 
168.9   state aids, the term "special taxing districts" includes the 
168.10  following entities: 
168.11     (1) watershed districts under chapter 103D; 
168.12     (2) sanitary districts under sections 115.18 to 115.37; 
168.13     (3) regional sanitary sewer districts under sections 115.61 
168.14  to 115.67; 
168.15     (4) regional public library districts under section 
168.16  134.201; 
168.17     (5) park districts under chapter 398; 
168.18     (6) regional railroad authorities under chapter 398A; 
168.19     (7) hospital districts under sections 447.31 to 447.38; 
168.20     (8) St. Cloud metropolitan transit commission under 
168.21  sections 458A.01 to 458A.15; 
168.22     (9) Duluth transit authority under sections 458A.21 to 
168.23  458A.37; 
168.24     (10) regional development commissions under sections 
168.25  462.381 to 462.398; 
168.26     (11) housing and redevelopment authorities under sections 
168.27  469.001 to 469.047; 
168.28     (12) port authorities under sections 469.048 to 469.068; 
168.29     (13) economic development authorities under sections 
168.30  469.090 to 469.1081; 
168.31     (14) metropolitan ~~council~~ waste control commission under 
168.32  sections 473.123 to 473.549; 
168.33     (15) metropolitan airports commission under sections 
168.34  473.601 to 473.680; 
168.35     (16) metropolitan mosquito control commission under 
168.36  sections 473.701 to 473.716; 
169.1      (17) Morrison county rural development financing authority 
169.2   under Laws 1982, chapter 437, section 1; 
169.3      (18) Croft Historical Park District under Laws 1984, 
169.4   chapter 502, article 13, section 6; 
169.5      (19) East Lake county medical clinic district under Laws 
169.6   1989, chapter 211, sections 1 to 6; 
169.7      (20) Floodwood area ambulance district under Laws 1993, 
169.8   chapter 375, article 5, section 39; 
169.9      (21) Middle Mississippi river watershed management 
169.10  organization under sections 103B.211 and 103B.241; and 
169.11     (22) any other political subdivision of the state of 
169.12  Minnesota, excluding counties, school districts, cities, and 
169.13  towns, that has the power to adopt and certify a property tax 
169.14  levy to the county auditor, as determined by the commissioner of 
169.15  revenue. 
169.16     Sec. 7.  Minnesota Statutes 2000, section 352.04, 
169.17  subdivision 6, is amended to read: 
169.18     Subd. 6.  [QUASI-STATE AGENCIES; EMPLOYER CONTRIBUTIONS.] 
169.19  For those of their employees who are covered by the system, the 
169.20  state horticultural society, the Disabled American Veterans, 
169.21  Department of Minnesota, Veterans of Foreign Wars, Department of 
169.22  Minnesota, the Minnesota crop improvement association, the 
169.23  Minnesota historical society, the armory building commission, 
169.24  the Minnesota safety council, the metropolitan ~~council and any~~ 
169.25  ~~of its statutory boards~~ waste control commission, the employer 
169.26  of persons described in section 352.01, subdivision 2a, 
169.27  paragraph (a), clause (15), and any other agency employing 
169.28  employees covered by this system, respectively, shall also pay 
169.29  into the retirement fund the amount required by subdivision 3. 
169.30     Sec. 8.  Minnesota Statutes 2000, section 352D.02, 
169.31  subdivision 1, is amended to read: 
169.32     Subdivision 1.  [COVERAGE.] (a) Employees enumerated in 
169.33  paragraph (c), clauses (2), (3), (4), and (6) to (14), if they 
169.34  are in the unclassified service of the state or metropolitan 
169.35  ~~council~~ waste control commission and are eligible for coverage 
169.36  under the general state employees retirement plan under chapter 
170.1   352, are participants in the unclassified plan under this 
170.2   chapter unless the employee gives notice to the executive 
170.3   director of the Minnesota state retirement system within one 
170.4   year following the commencement of employment in the 
170.5   unclassified service that the employee desires coverage under 
170.6   the general state employees retirement plan.  For the purposes 
170.7   of this chapter, an employee who does not file notice with the 
170.8   executive director is deemed to have exercised the option to 
170.9   participate in the unclassified plan. 
170.10     (b) Persons referenced in paragraph (c), clauses (1) and 
170.11  (5), are participants in the unclassified program under this 
170.12  chapter unless the person is eligible to elect different 
170.13  coverage under section 3A.07 or 352C.011 and, after July 1, 
170.14  1998, elects retirement coverage by the applicable alternative 
170.15  retirement plan.  Persons referenced in paragraph (c), clause 
170.16  (15), are participants in the unclassified program under this 
170.17  chapter for judicial employment in excess of the service credit 
170.18  limit in section 490.121, subdivision 22. 
170.19     (c) Enumerated employees and referenced persons are: 
170.20     (1) the governor, the lieutenant governor, the secretary of 
170.21  state, the state auditor, the state treasurer, and the attorney 
170.22  general; 
170.23     (2) an employee in the office of the governor, lieutenant 
170.24  governor, secretary of state, state auditor, state treasurer, 
170.25  attorney general; 
170.26     (3) an employee of the state board of investment; 
170.27     (4) the head of a department, division, or agency created 
170.28  by statute in the unclassified service, an acting department 
170.29  head subsequently appointed to the position, or an employee 
170.30  enumerated in section 15A.0815 or 15A.083, subdivision 4; 
170.31     (5) a member of the legislature; 
170.32     (6) a full-time unclassified employee of the legislature or 
170.33  a commission or agency of the legislature who is appointed 
170.34  without a limit on the duration of the employment or a temporary 
170.35  legislative employee having shares in the supplemental 
170.36  retirement fund as a result of former employment covered by this 
171.1   chapter, whether or not eligible for coverage under the 
171.2   Minnesota state retirement system; 
171.3      (7) a person who is employed in a position established 
171.4   under section 43A.08, subdivision 1, clause (3), or in a 
171.5   position authorized under a statute creating or establishing a 
171.6   department or agency of the state, which is at the deputy or 
171.7   assistant head of department or agency or director level; 
171.8      (8) the ~~regional~~ chief administrator, ~~or executive director~~ 
171.9   ~~of the metropolitan council,~~ general counsel, division 
171.10  directors, ~~operations~~ managers, and other positions as 
171.11  designated by the ~~council~~ metropolitan waste control commission, 
171.12  all of which may not exceed ~~27~~ nine positions at the ~~council and~~ 
171.13  ~~the chair~~ commission; 
171.14     (9) the executive director, associate executive director, 
171.15  and not to exceed nine positions of the higher education 
171.16  services office in the unclassified service, as designated by 
171.17  the higher education services office before January 1, 1992, or 
171.18  subsequently redesignated with the approval of the board of 
171.19  directors of the Minnesota state retirement system, unless the 
171.20  person has elected coverage by the individual retirement account 
171.21  plan under chapter 354B; 
171.22     (10) the clerk of the appellate courts appointed under 
171.23  article VI, section 2, of the Constitution of the state of 
171.24  Minnesota; 
171.25     (11) the chief executive officers of correctional 
171.26  facilities operated by the department of corrections and of 
171.27  hospitals and nursing homes operated by the department of human 
171.28  services; 
171.29     (12) an employee whose principal employment is at the state 
171.30  ceremonial house; 
171.31     (13) an employee of the Minnesota educational computing 
171.32  corporation; 
171.33     (14) an employee of the state lottery board who is covered 
171.34  by the managerial plan established under section 43A.18, 
171.35  subdivision 3; and 
171.36     (15) a judge who has exceeded the service credit limit in 
172.1   section 490.121, subdivision 22. 
172.2      Sec. 9.  Minnesota Statutes 2000, section 422A.01, 
172.3   subdivision 9, is amended to read: 
172.4      Subd. 9.  "Public corporation" includes metropolitan 
172.5   airports commission, metropolitan ~~council~~ waste control 
172.6   commission and municipal employees retirement fund. 
172.7      Sec. 10.  Minnesota Statutes 2000, section 422A.101, 
172.8   subdivision 2a, is amended to read: 
172.9      Subd. 2a.  [CONTRIBUTIONS BY METROPOLITAN AIRPORTS 
172.10  COMMISSION AND METROPOLITAN ~~COUNCIL~~ WASTE CONTROL COMMISSION.] 
172.11  The metropolitan airports commission and the 
172.12  metropolitan ~~council~~ waste control commission shall pay to the 
172.13  Minneapolis employees retirement fund annually in installments 
172.14  as specified in subdivision 3 the share of the additional 
172.15  support rate required for full amortization of the unfunded 
172.16  actuarial accrued liabilities by June 30, 2020, that is 
172.17  attributable to employees of the airports commission or ~~former~~ 
172.18  metropolitan waste control commission who are members of the 
172.19  fund.  The amount of the payment shall be determined as if the 
172.20  ~~airport commission and metropolitan council's~~ commission's 
172.21  employer contributions determined under subdivision 2 had also 
172.22  included a proportionate share of a $1,000,000 annual employer 
172.23  amortization contribution.  The amount of this $1,000,000 annual 
172.24  employer amortization contribution that would have been 
172.25  allocated to the ~~commission or council~~ commissions would have 
172.26  been based on the share of the fund's unfunded actuarial accrued 
172.27  liability attributed to the ~~commission or council~~ commissions 
172.28  compared to the total unfunded actuarial accrued liability 
172.29  attributed to all employers under subdivisions 1a and 2.  The 
172.30  determinations required under this subdivision must be based on 
172.31  the most recent actuarial valuation prepared by the actuary 
172.32  retained by the legislative commission on pensions and 
172.33  retirement. 
172.34     Sec. 11.  Minnesota Statutes 2000, section 471.591, 
172.35  subdivision 1, is amended to read: 
172.36     Subdivision 1.  [EARLY JOINT MEETING.] In the beginning 
173.1   stage of the planning process, and before preparation of any 
173.2   detailed technical plans for the extension of municipal services 
173.3   into an unincorporated area, a city shall meet at least once 
173.4   with the town board of the affected area and the county planning 
173.5   commission, in joint session, to review the plans and consider 
173.6   the comments of the town board and the county planning 
173.7   commission.  The city may thereafter proceed to undertake the 
173.8   proposed extension in accordance with applicable law.  Any duly 
173.9   organized sewer district or sanitary district created pursuant 
173.10  to special law or pursuant to chapter 115 ~~or~~, 116A, ~~sections~~ 
173.11  ~~473.501 to 473.549,~~ or 473, or section 103F.801 is not affected 
173.12  by this section. 
173.13     Sec. 12.  Minnesota Statutes 2000, section 473.121, 
173.14  subdivision 5a, is amended to read: 
173.15     Subd. 5a.  [METROPOLITAN AGENCY.] "Metropolitan agency" 
173.16  means the metropolitan waste control commission, metropolitan 
173.17  parks and open space commission, metropolitan airports 
173.18  commission, and metropolitan sports facilities commission. 
173.19     Sec. 13.  Minnesota Statutes 2000, section 473.121, 
173.20  subdivision 24, is amended to read: 
173.21     Subd. 24.  [METROPOLITAN DISPOSAL SYSTEM.] "Metropolitan 
173.22  disposal system" means any or all of the interceptors or 
173.23  treatment works owned or operated by the metropolitan ~~council~~ 
173.24  waste control commission. 
173.25     Sec. 14.  Minnesota Statutes 2000, section 473.157, is 
173.26  amended to read: 
173.27     473.157 [WATER RESOURCES PLAN.] 
173.28     To help achieve federal and state water quality standards, 
173.29  provide effective water pollution control, and help reduce 
173.30  unnecessary investments in advanced wastewater treatment, the 
173.31  ~~council~~ commission shall adopt a water resources plan that 
173.32  includes management objectives and target pollution loads for 
173.33  watersheds in the metropolitan area.  The ~~council~~ commission 
173.34  shall recommend to the board of water and soil resources 
173.35  performance standards for watershed plans in the metropolitan 
173.36  area, including standards relating to the timing of plan 
174.1   revisions and proper water quality management. 
174.2      Sec. 15.  [473.5025] [METROPOLITAN WASTE CONTROL 
174.3   COMMISSION.] 
174.4      Subdivision 1.  [CREATION.] The metropolitan waste control 
174.5   commission is established as a public corporation and political 
174.6   subdivision of the state.  It is under the supervision and 
174.7   control of 11 members, all of whom must be residents of the 
174.8   metropolitan area. 
174.9      Subd. 2.  [MEMBERSHIP; QUALIFICATIONS.] (a) The governor 
174.10  shall appoint eight members on a nonpartisan basis from 
174.11  districts defined by this section.  Each commission member 
174.12  appointed under this paragraph must reside in the commission 
174.13  district represented.  Each commission district must be 
174.14  represented by one member of the commission.  
174.15     (b) The governor shall appoint two members who represent 
174.16  organized labor to serve at large. 
174.17     (c) A commission member shall not hold any other appointed 
174.18  or elected public office while serving as a member of the 
174.19  commission.  A commission member shall not be an employee of the 
174.20  commission or an official or employee of a labor organization 
174.21  that negotiates a collective bargaining agreement with the 
174.22  commission.  Members of the commission must be appointed to 
174.23  reflect fairly the various demographic, political, and other 
174.24  interests in the metropolitan area and the districts.  Each 
174.25  member shall qualify by taking and subscribing the oath of 
174.26  office prescribed by the Minnesota Constitution, article V, 
174.27  section 6.  The oath, certified by the administering official, 
174.28  must be filed with the secretary of state. 
174.29     Subd. 3.  [DISTRICTS.] The metropolitan waste control 
174.30  commission district boundaries are as follows: 
174.31     (1) The first commission district consists of that portion 
174.32  of Hennepin county consisting of the cities of Champlin, 
174.33  Corcoran, Dayton, Greenfield, Independence, Loretto, Maple 
174.34  Grove, Maple Plain, Medicine Lake, Medina, Minnetrista, Mound, 
174.35  Osseo, Plymouth, Rockford, Rogers, and St. Bonifacius, and the 
174.36  town of Hassan, and the cities of Brooklyn Center, Brooklyn 
175.1   Park, Crystal, New Hope, and Robbinsdale. 
175.2      (2) The second commission district consists of that portion 
175.3   of Hennepin county consisting of the cities of Deephaven, Edina, 
175.4   Excelsior, Greenwood, Hopkins, Long Lake, Minnetonka, Minnetonka 
175.5   Beach, Orono, Shorewood, Spring Park, Tonka Bay, Wayzata, 
175.6   Woodland, Carver county, that portion of Dakota county 
175.7   consisting of the city of Lakeville, that portion of Hennepin 
175.8   county consisting of the cities of Chanhassen and Eden Prairie, 
175.9   and that portion of Scott county in the metropolitan area not 
175.10  included in the third commission district. 
175.11     (3) The third commission district consists of that portion 
175.12  of Hennepin county consisting of the cities of Bloomington and 
175.13  Richfield and the unorganized territory of Fort Snelling, and 
175.14  that portion of Scott county consisting of the cities of Savage 
175.15  and Shakopee, and that portion of Hennepin county consisting of 
175.16  the cities of Golden Valley and St. Louis Park and that portion 
175.17  of the city of Minneapolis lying west and south of a line 
175.18  described as follows:  commencing at the intersection of the 
175.19  southern boundary of the city of Minneapolis and Interstate 
175.20  Highway 35W, northerly along Interstate Highway 35W to Minnehaha 
175.21  Parkway, northeasterly along Minnehaha Parkway to 50th Street 
175.22  E., westerly along 50th Street E. to Stevens Avenue S., 
175.23  northerly along Stevens Avenue S. to 46th Street E., westerly 
175.24  along 46th Street E. to Nicollet Avenue S., northerly along 
175.25  Nicollet Avenue S. to 36th Street W., westerly along 36th Street 
175.26  W. to Blaisdell Avenue S., northerly along Blaisdell Avenue S. 
175.27  to 34th Street W., westerly along 34th Street W. to Grand Avenue 
175.28  S., northerly along Grand Avenue S. to 32nd Street W., westerly 
175.29  along 32nd Street W. to Harriet Avenue S., northerly along 
175.30  Harriet Avenue S. to 31st Street W., westerly along 31st Street 
175.31  W. to Garfield Avenue S., northerly along Garfield Avenue S. to 
175.32  Lake Street W., westerly along Lake Street W. to Lyndale Avenue 
175.33  S., northerly along Lyndale Avenue S. to the Burlington Northern 
175.34  Railroad tracks, westerly along the northern branch of the 
175.35  Burlington Northern Railroad tracks to Glenwood Avenue N., 
175.36  westerly along Glenwood Avenue N. to the western boundary of the 
176.1   city of Minneapolis. 
176.2      (4) The fourth commission district consists of that portion 
176.3   of the city of Minneapolis not included in the third commission 
176.4   district. 
176.5      (5) The fifth commission district consists of Anoka county, 
176.6   that portion of Ramsey county consisting of the cities of Blaine 
176.7   and Spring Lake Park, that portion of Hennepin county consisting 
176.8   of the city of St. Anthony, and that portion of Ramsey county 
176.9   consisting of the cities of Mounds View, New Brighton, and St. 
176.10  Anthony. 
176.11     (6) The sixth commission district consists of that portion 
176.12  of Ramsey county consisting of the cities of Arden Hills, Gem 
176.13  Lake, Little Canada, North Oaks, Roseville, Shoreview, Vadnais 
176.14  Heights, and White Bear Lake and the town of White Bear, the 
176.15  city of Maplewood, Washington county, and that portion of Ramsey 
176.16  county consisting of the city of North St. Paul. 
176.17     (7) The seventh commission district consists of that 
176.18  portion of Ramsey county consisting of the cities of St. Paul, 
176.19  Falcon Heights, and Lauderdale. 
176.20     (8) The eighth commission district consists of that portion 
176.21  of Dakota county not included in the second commission district, 
176.22  and that portion of Washington county consisting of the cities 
176.23  of Cottage Grove, Hastings, and St. Paul Park, and the towns of 
176.24  Denmark and Grey Cloud Island. 
176.25     Subd. 4.  [REDISTRICTING.] The legislature shall redraw the 
176.26  boundaries of the waste control commission districts after each 
176.27  decennial federal census so that each district has substantially 
176.28  equal population.  Redistricting is effective in the year ending 
176.29  in the numeral "3."  Within 60 days after a redistricting plan 
176.30  takes effect, members must be appointed from the newly drawn 
176.31  districts to serve terms as provided in this section. 
176.32     Subd. 5.  [TERMS.] (a) Following the redistricting of 
176.33  commission districts as provided in subdivision 4, the governor 
176.34  shall appoint a commission member from each of the newly drawn 
176.35  commission districts.  The terms of members are as follows:  
176.36  members representing districts A, C, E, and G, for terms ending 
177.1   the first Monday in January of the year ending in the numeral 
177.2   "7"; and members representing districts B, D, F, and H, for 
177.3   terms ending the first Monday in January of the year ending in 
177.4   the numeral "5."  Thereafter, the term of each member is four 
177.5   years, with terms ending the first Monday in January, except 
177.6   that all terms expire on the effective date of the next 
177.7   redistricting of metropolitan council districts.  
177.8      (b) The at-large members shall serve four-year terms, with 
177.9   terms ending the first Monday in January, except that in making 
177.10  the first appointments after the creation of the commission, the 
177.11  governor shall appoint one of the two at-large members to serve 
177.12  a two-year term. 
177.13     (c) A commission member shall continue to serve until a 
177.14  successor is appointed and qualified.  Following each 
177.15  redistricting, a member representing the district shall continue 
177.16  to serve at large until the governor appoints the eight 
177.17  commission members representing districts, one from each of the 
177.18  newly drawn commission districts to serve terms as provided in 
177.19  this section.  The appointment to the commission must be made by 
177.20  the first Monday in April of the year in which the term ends. 
177.21     Subd. 6.  [NOTICE.] In addition to the notice required by 
177.22  section 15.0597, subdivision 4, notice of vacancies and 
177.23  expiration of terms must be published in newspapers of general 
177.24  circulation in the metropolitan area and the appropriate 
177.25  districts.  The governing bodies of the statutory and home rule 
177.26  charter cities, counties, and towns that are provided service by 
177.27  the commission and have territory in the district for which a 
177.28  member is to be appointed must be notified in writing.  The 
177.29  notices must describe the appointment process and invite 
177.30  participation and recommendations on the appointment. 
177.31     Subd. 7.  [NOMINATING COMMITTEE.] The governor shall create 
177.32  a nominating committee, composed of seven metropolitan citizens 
177.33  appointed by the governor, to nominate persons for appointment 
177.34  to the commission.  Three of the committee members must be local 
177.35  elected officials and at least one must be a representative of a 
177.36  labor organization that has members employed by the commission.  
178.1   Following the submission of applications as provided under 
178.2   section 15.0597, subdivision 5, the nominating committee shall 
178.3   conduct public meetings, after appropriate notice, to accept 
178.4   statements from or on behalf of persons who have applied or been 
178.5   nominated for appointment and to allow consultation with and 
178.6   secure the advice of the public and local elected officials.  
178.7   For consideration of candidates from a district, the committee 
178.8   shall hold the meeting on each appointment in the district or in 
178.9   a reasonably convenient and accessible location in the part of 
178.10  the metropolitan area in which the district is located.  
178.11  Following the meetings, the committee shall submit to the 
178.12  governor a list of nominees for each appointment.  The nominees 
178.13  for the at-large positions must be representatives of organized 
178.14  labor.  The governor is not required to appoint from the list.  
178.15     Subd. 8.  [CONSULT WITH LEGISLATURE; ADVICE AND CONSENT.] 
178.16  Before making an appointment, the governor shall consult with 
178.17  all members of the legislature from the commission district for 
178.18  which the member is to be appointed.  Appointments to the 
178.19  commission are subject to the advice and consent of the senate 
178.20  as provided in section 15.066. 
178.21     Subd. 9.  [CHAIR; OTHER OFFICERS; DUTIES.] (a) The chair of 
178.22  the metropolitan waste control commission shall be appointed by 
178.23  the governor as the eleventh voting member.  The appointment is 
178.24  subject to the advice and consent of the senate as provided by 
178.25  section 15.066.  The chair serves at the pleasure of the 
178.26  governor to represent the metropolitan area at large. 
178.27     The chair of the commission shall, if present, preside at 
178.28  meetings of the commission, have the primary responsibility for 
178.29  meeting with local elected officials, serve as the principal 
178.30  liaison to the office of strategic and long-range planning and 
178.31  the legislature, serve as the principal spokesperson of the 
178.32  commission, and perform other duties assigned by the commission 
178.33  or by law. 
178.34     (b) The commission shall elect other officers as it deems 
178.35  necessary for the conduct of its affairs for a one-year term.  A 
178.36  secretary and treasurer need not be members of the commission.  
179.1   Meeting times and places shall be fixed by the commission and 
179.2   special meetings may be called by a majority of the members of 
179.3   the commission or by the chair.  
179.4      Subd. 10.  [REMOVAL; VACANCIES.] A member, other than the 
179.5   chair, may be removed by the governor before the end of the 
179.6   member's term only for cause after notice and a public hearing.  
179.7   If the office of any member becomes vacant, the vacancy shall be 
179.8   filled in the same manner as a regular appointment.  An office 
179.9   is vacant under the conditions described in section 351.02. 
179.10     Subd. 11.  [COMPENSATION.] The chair and each commission 
179.11  member shall be paid $55 for each day when the chair or member 
179.12  attends one or more meetings or provides other services, as 
179.13  authorized by the commission, and shall be reimbursed for actual 
179.14  and necessary expenses.  The annual budget of the commission 
179.15  shall provide as a separate account anticipated expenditures for 
179.16  compensation, travel, and associated expenses for the chair and 
179.17  members, and compensation or reimbursement shall be made to the 
179.18  chair and members only when budgeted. 
179.19     Subd. 12.  [OPERATING PROCEDURES; REGULAR AND SPECIAL 
179.20  MEETINGS.] The commission shall adopt by resolution bylaws and 
179.21  administrative policies establishing rules and procedures 
179.22  governing the commission's operations and functions, including 
179.23  commission meetings and action, keeping records, approving 
179.24  claims, authorizing and making disbursements, authorizing 
179.25  contracts, safekeeping funds, and auditing of all financial 
179.26  operations of the commission.  The commission shall meet 
179.27  regularly at least once each month at a time and place as the 
179.28  commission shall designate by resolution.  Procedures for 
179.29  calling special meetings shall be established in the 
179.30  commission's bylaws.  Unless a super majority is required by 
179.31  other law or the commission's bylaws, any action within the 
179.32  authority of the commission may be taken by the affirmative vote 
179.33  of a majority of the members present and qualified to vote if 
179.34  there is a quorum.  A majority of all of the members of the 
179.35  commission shall constitute a quorum, but a lesser number may 
179.36  meet and adjourn from time to time and compel the attendance of 
180.1   absent members. 
180.2      Subd. 13.  [CHIEF ADMINISTRATOR.] The chair of the 
180.3   commission shall, subject to the approval of the commission, 
180.4   appoint a chief administrator who shall be chosen solely on the 
180.5   basis of training, experience, and other qualifications and who 
180.6   shall serve at the pleasure of the commission.  The chief 
180.7   administrator shall attend all meetings of the commission, but 
180.8   shall not vote, and shall: 
180.9      (1) see that all resolutions, rules, or orders of the 
180.10  commission are enforced; 
180.11     (2) appoint and remove, subject to the provisions of the 
180.12  personnel policy adopted by the commission, upon the basis of 
180.13  merit and fitness, all subordinate officers and regular 
180.14  employees of the commission; 
180.15     (3) present to the commission plans, studies, and reports 
180.16  prepared for commission purposes and recommend to the commission 
180.17  for adoption such measures as the administrator deems necessary 
180.18  to enforce or carry out the powers and duties of the commission 
180.19  or to the efficient administration of the affairs of the 
180.20  commission; 
180.21     (4) keep the commission fully advised as to its financial 
180.22  condition and prepare and submit to the commission its annual 
180.23  budget and other financial information it may request; 
180.24     (5) recommend to the commission for adoption rules that the 
180.25  administrator deems necessary for the efficient operation of the 
180.26  commission's functions; and 
180.27     (6) perform other duties prescribed by the commission. 
180.28     Subd. 14.  [PERSONNEL POLICY.] The commission shall adopt 
180.29  by resolution a personnel policy relating to the terms and 
180.30  conditions of employment of employees of the commission 
180.31  including a compensation and classification plan.  The personnel 
180.32  policy must be consistent with the terms of the collective 
180.33  bargaining agreements in effect between the commission and the 
180.34  unions representing employees of the commission.  Employees of 
180.35  the commission are public employees.  
180.36     Sec. 16.  Minnesota Statutes 2000, section 473.504, is 
181.1   amended to read: 
181.2      473.504 [WASTE WATER SERVICES, POWERS.] 
181.3      Subd. 1a.  [GENERAL POWERS.] The metropolitan waste control 
181.4   commission shall have and exercise all powers which may be 
181.5   necessary or convenient to enable it to perform and carry out 
181.6   the duties and responsibilities imposed upon it by law.  These 
181.7   powers include the specific powers enumerated in this section.  
181.8      Subd. 1b.  [ADVISORY COMMITTEES.] The commission may 
181.9   establish and appoint persons to advisory committees to assist 
181.10  the commission in the performance of its duties.  Members of the 
181.11  advisory committees shall serve without compensation but shall 
181.12  be reimbursed for their reasonable expenses as determined by the 
181.13  commission. 
181.14     Subd. 1c.  [CONSULTING CONTRACTS.] The commission may enter 
181.15  into any contract necessary or proper for the exercise of its 
181.16  powers and duties including contracts for the services of 
181.17  consultants who perform engineering, legal, or services of a 
181.18  professional nature.  Such professional services contracts shall 
181.19  not be subject to the requirements of any law relating to public 
181.20  bidding.  
181.21     Subd. 2a.  [EMPLOYEE HEALTH AND WELLNESS.] The commission 
181.22  may provide a program for health and wellness services for 
181.23  commission employees and provide necessary staff, funds, 
181.24  equipment, and facilities. 
181.25     Subd. 4.  [RULES, PENALTIES.] The ~~council shall have the~~ 
181.26  ~~power to~~ commission may adopt rules relating to the operation of 
181.27  any interceptors or treatment works operated by it, and may 
181.28  provide penalties for the violation thereof not exceeding the 
181.29  maximum which may be specified for a misdemeanor.  Any rule 
181.30  prescribing a penalty for violation shall be published at least 
181.31  once in a newspaper having general circulation in the 
181.32  metropolitan area.  
181.33     Subd. 5.  [GIFTS, GRANTS, LOANS.] The ~~council~~ commission 
181.34  may accept gifts, may apply for and accept grants or loans of 
181.35  money or other property from the United States, the state, or 
181.36  any person for any of its purposes, including any grant 
182.1   available under the federal Water Pollution Act amendments of 
182.2   1972, whether for construction, research or pilot project 
182.3   implementation, may enter into any agreement required in 
182.4   connection therewith, and may hold, use, and dispose of such 
182.5   money or property in accordance with the terms of the gift, 
182.6   grant, loan or agreement relating thereto.  The ~~council~~ 
182.7   commission has all powers necessary to comply with the federal 
182.8   Water Pollution Control Act amendments of 1972 and any grant 
182.9   offered to it thereunder including, but not limited to, the 
182.10  power to enter into such contracts with, or to impose such 
182.11  charges upon, persons using the metropolitan disposal system as 
182.12  it shall determine to be necessary for the recovery of treatment 
182.13  works and interceptor costs paid with federal grant funds.  
182.14  Insofar as possible these costs shall be recovered by local 
182.15  government units on behalf of the ~~council~~ commission. 
182.16     Subd. 6.  [JOINT OR COOPERATIVE ACTION.] The ~~council~~ 
182.17  commission may act under the provisions of section 471.59, or 
182.18  any other appropriate law providing for joint or cooperative 
182.19  action between government units.  
182.20     Subd. 9.  [MAY GET PROPERTY.] The ~~council~~ commission may 
182.21  acquire by purchase, lease, condemnation, gift, or grant, any 
182.22  real or personal property including positive and negative 
182.23  easements and water and air rights, and it may construct, 
182.24  enlarge, improve, replace, repair, maintain, and operate any 
182.25  interceptor or treatment works determined to be necessary or 
182.26  convenient for the collection and disposal of sewage in the 
182.27  metropolitan area.  Any local government unit and the 
182.28  commissioners of transportation and natural resources are 
182.29  authorized to convey to or permit the use of any such facilities 
182.30  owned or controlled by it by the ~~council~~ commission, subject to 
182.31  the rights of the holders of any bonds issued with respect 
182.32  thereto, with or without compensation, without an election or 
182.33  approval by any other government agency.  All powers conferred 
182.34  by this subdivision may be exercised both within or without the 
182.35  metropolitan area as may be necessary for the exercise by 
182.36  the ~~council~~ commission of its powers or the accomplishment of 
183.1   its purposes.  The ~~council~~ commission may hold such property for 
183.2   its purposes, and may lease any such property so far as not 
183.3   needed for its purposes, upon such terms and in such manner as 
183.4   it shall deem advisable.  Unless otherwise provided, the right 
183.5   to acquire lands and property rights by condemnation shall be 
183.6   exercised in accordance with chapter 117, and shall apply to any 
183.7   property or interest therein owned by any local government unit; 
183.8   provided, that no such property devoted to an actual public use 
183.9   at the time, or held to be devoted to such use within a 
183.10  reasonable time, shall be so acquired unless a court of 
183.11  competent jurisdiction shall determine that the use proposed by 
183.12  the board is paramount to such use.  Except in case of property 
183.13  in actual public use, the ~~council~~ commission may take possession 
183.14  of any property for which condemnation proceedings have been 
183.15  commenced at any time after the issuance of a court order 
183.16  appointing commissioners for its condemnation.  
183.17     Subd. 10.  [~~NONFRANCHISE~~ NO FRANCHISE REQUIRED.] The 
183.18  ~~council~~ commission may construct or maintain its systems or 
183.19  facilities in, along, on, under, over, or through public 
183.20  streets, bridges, viaducts, and other public rights of way 
183.21  without first obtaining a franchise from any local government 
183.22  unit having jurisdiction over them; but such facilities shall be 
183.23  constructed and maintained in accordance with the ordinances and 
183.24  resolutions of any such government unit relating to 
183.25  construction, installation, and maintenance of similar 
183.26  facilities in such public properties and shall not obstruct the 
183.27  public use of such rights-of-way.  
183.28     Subd. 11.  [SURPLUS PROPERTY.] The ~~council~~ commission may 
183.29  sell or otherwise dispose of any real or personal property 
183.30  acquired by it which is no longer required for accomplishment of 
183.31  its purposes.  Such property may be sold in the manner provided 
183.32  by section 469.065, insofar as practical.  The ~~council~~ 
183.33  commission may give such notice of sale as it shall deem 
183.34  appropriate.  When the ~~council~~ commission determines that any 
183.35  property or any interceptor or treatment works or any part 
183.36  thereof which has been acquired from a local government unit 
184.1   without compensation is no longer required, but is required as a 
184.2   local facility by the government unit from which it was 
184.3   acquired, the ~~council~~ commission may by resolution transfer it 
184.4   to such government unit.  
184.5      Subd. 12.  [PACTS WITH OTHER GOVERNMENTS.] The ~~council~~ 
184.6   commission may contract with the United States or any agency 
184.7   thereof, any state or agency thereof, or any local government 
184.8   unit or governmental agency or subdivision, for the joint use of 
184.9   any facility owned by the ~~council~~ commission or such entity, for 
184.10  the operation by such entity of any system or facility of 
184.11  the ~~council~~ commission, or for the performance on the ~~council's~~ 
184.12  commission's behalf of any service, on such terms as may be 
184.13  agreed upon by the contracting parties. 
184.14     Subd. 13.  [SUIT.] The commission may sue and be sued. 
184.15     Subd. 14.  [RESEARCH; HEARINGS; INVESTIGATION; ADVICE.] The 
184.16  commission may conduct research studies and programs; collect 
184.17  and analyze data; prepare reports, maps, charts, and tables; and 
184.18  conduct necessary hearings and investigations in connection with 
184.19  the design, construction, and operation of the metropolitan 
184.20  disposal system.  The commission may advise other governmental 
184.21  units on system planning matters within the scope of its duties, 
184.22  powers, and objectives. 
184.23     Sec. 17.  [473.5043] [LIMITS ON PRIVATIZATION.] 
184.24     The commission shall not enter into any agreement with 
184.25  another entity for the operation and maintenance of the 
184.26  metropolitan disposal system unless the commission does not have 
184.27  and cannot hire employees to perform the work needed. 
184.28     Sec. 18.  [473.5045] [IMPLEMENTATION PLAN.] 
184.29     Subdivision 1.  [REQUIREMENT; PURPOSE.] The commission 
184.30  shall adopt an implementation plan meeting the requirements of 
184.31  this section.  The implementation plan must implement and 
184.32  effectuate the policy plan adopted by the office of strategic 
184.33  and long-range planning under section 473.146.  The 
184.34  implementation plan must cover the period or periods prescribed 
184.35  in the office's policy plan. 
184.36     Subd. 2.  [CONTENT.] The implementation plan must include 
185.1   the following: 
185.2      (1) a statement of objectives and priorities for capital 
185.3   development, services, and system management; 
185.4      (2) a statement of commission plans to achieve the 
185.5   objectives, describing the functions, services, and systems that 
185.6   will be provided by or under the direction or auspices of the 
185.7   commission; 
185.8      (3) a statement of how the commission's objectives, 
185.9   priorities, and plans will implement and effectuate the office's 
185.10  policy plan; 
185.11     (4) a statement of the fiscal implications of the 
185.12  commission's plan including a statement of:  
185.13     (i) the anticipated expenditure of public and private funds 
185.14  for capital developments, services, and system administration 
185.15  and management, and the changes in expenditure levels that the 
185.16  plan represents; 
185.17     (ii) the resources available under existing fiscal policy 
185.18  and additional resources, if any, that are or may be required to 
185.19  effectuate the commission's plan; 
185.20     (iii) any changes in agency policy on regional sources of 
185.21  revenue and changes in levels of debt, user charges, and taxes; 
185.22     (iv) other changes in existing fiscal policy, on regional 
185.23  revenues and intergovernmental aids respectively, that are 
185.24  expected or that the commission has recommended or may 
185.25  recommend; and 
185.26     (v) the effect on functions and levels and types of 
185.27  services, and the commission's contingency and cost-containment 
185.28  strategies, if the additional resources required to effectuate 
185.29  the commission's plan do not become available; 
185.30     (5) a statement of the standards, criteria, and procedures 
185.31  that the commission will use in monitoring and evaluating the 
185.32  results of the implementation plan; 
185.33     (6) a statement of the effect of the plan on the 
185.34  responsibilities of other governmental units; 
185.35     (7) the services and systems management component required 
185.36  by subdivision 3 and the capital investment component required 
186.1   by subdivision 4; and 
186.2      (8) other information that the office or commission deems 
186.3   appropriate. 
186.4      Subd. 3.  [SERVICES AND SYSTEMS MANAGEMENT.] The plan must 
186.5   include a services and systems management component that 
186.6   describes the levels and costs of services that will be provided 
186.7   to service areas and populations within the metropolitan area.  
186.8   The component must describe:  
186.9      (1) service needs, objectives, and priorities; 
186.10     (2) changes in existing services; 
186.11     (3) deployment of new services; 
186.12     (4) distribution and coordination of services; 
186.13     (5) timing, priority, and location, with maps, of service 
186.14  areas, facilities, levels of service, and similar matters; 
186.15     (6) delivery methods and providers; 
186.16     (7) system management and administration; 
186.17     (8) costs; 
186.18     (9) manner of finance and revenue sources, including 
186.19  federal and state funds, private funds, taxes, and user charges; 
186.20  and 
186.21     (10) fiscal effects. 
186.22     Subd. 4.  [CAPITAL INVESTMENT.] The plan must include a 
186.23  capital investment component that sets forth a capital 
186.24  investment strategy and estimates the fiscal and other effects 
186.25  of the strategy.  The component must specify, to the extent 
186.26  practicable, the capital improvements to be undertaken.  For 
186.27  each improvement specified, the plan must describe:  
186.28     (1) need, function, objective, and relative priority; 
186.29     (2) alternatives, including alternatives not involving 
186.30  capital expenditures; 
186.31     (3) location and schedule of development; 
186.32     (4) environmental, social, and economic effects; 
186.33     (5) costs; 
186.34     (6) manner of finance and revenue sources, including 
186.35  federal and state funds, private funds, taxes, and user charges; 
186.36  and 
187.1      (7) fiscal effects, including an estimate of annual 
187.2   operating costs and sources of revenue to pay the costs. 
187.3      Subd. 5.  [PROCEDURE; REVIEW AND APPROVAL BY OFFICE.] The 
187.4   commission must submit the implementation plan to the office of 
187.5   strategic and long-range planning for review at the time or 
187.6   times stated in the policy plan.  The commission shall hold a 
187.7   public hearing on the plan before submitting it to the office 
187.8   and shall transmit a report of the hearing to the office along 
187.9   with the plan.  The office shall complete its review within 90 
187.10  days after receipt of the proposed implementation plan.  In the 
187.11  course of its review of the implementation plan, the office 
187.12  shall publish an analysis and evaluation of the success of the 
187.13  commission in effectuating the office's policy plan.  If the 
187.14  office determines that the implementation plan is consistent 
187.15  with the policy plan, it shall approve the plan as submitted.  
187.16  If the office determines that the implementation plan or part of 
187.17  it is inconsistent with the policy plan, it shall disapprove it 
187.18  and require the commission to make revisions in the 
187.19  implementation plan necessary to bring it into conformance with 
187.20  the policy plan.  The commission shall make the revisions 
187.21  required by the office within 60 days, or a longer period agreed 
187.22  to by the office, and resubmit the plan to the office for 
187.23  review.  If the commission does not make the revisions required 
187.24  by the office in the time allowed, the office shall hold a 
187.25  public hearing on the matter in dispute.  At the hearing, the 
187.26  office shall present its position on the required revisions, 
187.27  shall allow the commission to present its objections to the 
187.28  revisions, and shall allow all persons to present their views on 
187.29  the matter.  Following the hearing, the office shall prepare a 
187.30  report on the hearing, including a summary of the disagreeing 
187.31  positions of the office and the commission, and shall make a 
187.32  final decision on the revision.  If the office decides to 
187.33  require revision, the office's decision shall contain specific 
187.34  changes in the implementation plan.  The changes contained in 
187.35  the office's decision are binding on the commission and are part 
187.36  of the implementation plan required to be adopted and 
188.1   implemented by the commission under subdivision 7. 
188.2      Subd. 6.  [AMENDMENT.] At least biennially, the commission 
188.3   shall review the implementation plan, make the revisions 
188.4   necessary, and submit the plan to the office for its review as 
188.5   provided in this section. 
188.6      Subd. 7.  [ADOPTION; EFFECT.] The commission shall adopt 
188.7   and implement the implementation plan, with the revisions 
188.8   required by the office, within 60 days of the office completing 
188.9   its review and making a final decision on the proposed plan.  
188.10  The activities of the commission, including its priorities and 
188.11  timing, must be consistent with its approved and adopted 
188.12  implementation plan or be specifically approved by the office.  
188.13  The office may not approve any activity not in substantial 
188.14  conformance with the appropriate policy plan. 
188.15     Sec. 19.  [473.5046] [COMMISSION BUDGET PREPARATION; REVIEW 
188.16  AND APPROVAL.] 
188.17     Subdivision 1.  [REQUIREMENT.] The commission shall prepare 
188.18  a proposed budget by August 1 of each year.  The budget must be 
188.19  consistent with and effectuate the implementation plan.  The 
188.20  budget must show for each year: 
188.21     (1) the estimated operating revenues from all sources 
188.22  including funds on hand at the beginning of the year and 
188.23  estimated expenditures for costs of operation, administration, 
188.24  maintenance, and debt service; 
188.25     (2) capital improvement funds estimated to be on hand at 
188.26  the beginning of the year and estimated to be received during 
188.27  the year from all sources and estimated cost of capital 
188.28  improvements to be paid out or expended during the year, all in 
188.29  such detail and form as the office may prescribe; and 
188.30     (3) the estimated source and use of pass-through funds. 
188.31     Subd. 2.  [PROCEDURE; APPROVAL OF OFFICE.] As early as 
188.32  practicable before August 15 of each year, the commission shall 
188.33  hold a public hearing on a draft of the proposed budget.  Along 
188.34  with the draft, the commission shall publish a report on user 
188.35  charges.  The report must include an estimate and analysis of 
188.36  the changes in user charges, rates, and fees that will be 
189.1   required by the commission's budget.  Not less than 14 days 
189.2   before the hearing, the commission shall publish notice of the 
189.3   hearing in a newspaper having general circulation in the 
189.4   metropolitan area, stating the date, time, and place of hearing, 
189.5   and the place where the proposed budget and report on user 
189.6   charges may be examined by any interested person.  Following the 
189.7   hearing, the commission shall publish a report of the hearing 
189.8   that summarizes the comments received and the commission's 
189.9   response.  Those parts of the budget relating to revenues and 
189.10  expenditures for capital improvements must be submitted to the 
189.11  office by August 15 of each year for review and approval by the 
189.12  office.  The office shall act to approve or disapprove by 
189.13  October 1 of each year.  Before December 15 of each year, the 
189.14  commission shall by resolution adopt a final budget.  The 
189.15  commission shall file its final budget with the office on or 
189.16  before December 20 of each year.  The office shall file the 
189.17  budgets with the secretary of the senate and the clerk of the 
189.18  house of representatives no later than January 1 of each year. 
189.19     Subd. 3.  [EFFECT.] Except in an emergency, for which 
189.20  procedures must be established by the commission, the commission 
189.21  and its officers, agents, and employees may not spend money for 
189.22  any purpose, other than debt service, without an appropriation 
189.23  by the commission, and no obligation to make such an expenditure 
189.24  shall be enforceable except as the obligation of the person or 
189.25  persons incurring it.  The creation of any debt obligation or 
189.26  the receipt of any federal or state grant is a sufficient 
189.27  appropriation of the proceeds for the purpose for which it is 
189.28  authorized, and of the tax or other revenues pledged to pay the 
189.29  obligation and interest on it whether or not specifically 
189.30  included in any annual budget.  After obtaining approval of the 
189.31  office required under subdivision 2, the commission may amend 
189.32  the budget at any time by transferring any appropriation from 
189.33  one purpose to another except appropriations of the proceeds of 
189.34  bonds issued for a specific purpose. 
189.35     Sec. 20.  Minnesota Statutes 2000, section 473.505, is 
189.36  amended to read: 
190.1      473.505 [TOTAL WATERSHED MANAGEMENT.] 
190.2      The ~~metropolitan council~~ commission may enter into 
190.3   agreements with other governmental bodies and agencies and spend 
190.4   funds to implement total watershed management.  "Total watershed 
190.5   management" means identifying and quantifying at a watershed 
190.6   level the (1) sources of pollution, both point and nonpoint, (2) 
190.7   causes of conditions that may or may not be a result of 
190.8   pollution, and (3) means of reducing pollution or alleviating 
190.9   adverse conditions.  The purpose of total watershed management 
190.10  is to achieve the best water quality for waters of the state 
190.11  receiving the effluent of the metropolitan disposal system for 
190.12  the lowest total costs, without regard to who will incur those 
190.13  costs. 
190.14     Sec. 21.  Minnesota Statutes 2000, section 473.511, is 
190.15  amended to read: 
190.16     473.511 [SEWER SERVICE FUNCTION.] 
190.17     Subdivision 1.  [DUTY OF ~~COUNCIL~~ COMMISSION; ACQUISITION OF 
190.18  EXISTING FACILITIES; NEW FACILITIES.] At any time after January 
190.19  1, 1970, until July 1, 1994, the former metropolitan waste 
190.20  control commission, ~~and~~ after July 1, 1994, the council, and 
190.21  after the effective date of this section, the commission shall 
190.22  assume ownership of all existing interceptors and treatment 
190.23  works which will be needed to implement the ~~council's~~ 
190.24  ~~comprehensive plan for the~~ collection, treatment, and disposal 
190.25  of sewage in the metropolitan area, in the manner and subject to 
190.26  the conditions prescribed in subdivisions 2 and 4, and shall 
190.27  thereafter acquire, construct, equip, operate and maintain all 
190.28  additional interceptors and treatment works which will be needed 
190.29  for such purpose.  The ~~council~~ commission shall assume ownership 
190.30  of all treatment works owned by a local government unit if any 
190.31  part of such treatment works will be needed for such purpose. 
190.32     Subd. 2.  [METHOD OF ACQUISITION; EXISTING DEBT.] The 
190.33  ~~council~~ commission may require any local government unit to 
190.34  transfer to the ~~council~~ commission, all of its right, title, and 
190.35  interest in any interceptors or treatment works and all 
190.36  necessary appurtenances thereto owned by such local government 
191.1   unit which will be needed for the purpose stated in subdivision 
191.2   1.  Appropriate instruments of conveyance for all such property 
191.3   shall be executed and delivered to the ~~council~~ commission by the 
191.4   proper officers of each local government unit concerned.  All 
191.5   persons regularly employed by a local government unit to operate 
191.6   and maintain any treatment works so transferred to the ~~council~~ 
191.7   commission, on the date on which the transfer becomes effective, 
191.8   shall be employees of the ~~council~~ commission, in the same manner 
191.9   and with the same options and rights as are reserved to 
191.10  employees of sanitary districts and joint boards under 
191.11  subdivision 3.  The ~~council~~ commission, upon assuming ownership 
191.12  of any such interceptors or treatment works, shall become 
191.13  obligated to pay to such local government unit amounts 
191.14  sufficient to pay when due all remaining principal of and 
191.15  interest on bonds issued by such local government unit for the 
191.16  acquisition or betterment of the interceptors or treatment works 
191.17  taken over.  Such amounts may be offset against any amount to be 
191.18  paid to the ~~council~~ commission by the local government unit as 
191.19  provided in section 473.517. 
191.20     Subd. 3.  [EXISTING SANITARY DISTRICTS AND JOINT SEWER 
191.21  BOARDS.] Effective January 1, 1971, the corporate existence of 
191.22  the Minneapolis-St. Paul Sanitary District, the North Suburban 
191.23  Sanitary Sewer District, and any joint board created by 
191.24  agreement among local government units pursuant to section 
191.25  471.59, to provide interceptors and treatment works for such 
191.26  local government units, shall terminate.  All persons regularly 
191.27  employed by such sanitary districts and joint boards on that 
191.28  date or on any earlier date on which the former waste control 
191.29  commission pursuant to subdivisions 1 and 2 assumed ownership 
191.30  and control of any interceptors or treatment works owned or 
191.31  operated by such sanitary districts and joint boards, and who 
191.32  are employees of the commission on July 1, 1994, and who are 
191.33  employees of the council on the effective date of this section, 
191.34  shall be employees of the ~~council~~ commission, and may at their 
191.35  option become members of the Minnesota state retirement system 
191.36  or may continue as members of a public retirement association 
192.1   under chapter 422A or any other law, to which they belonged 
192.2   before such date, and shall retain all pension rights which they 
192.3   may have under such latter laws, and all other rights to which 
192.4   they are entitled by contract or law.  Members of trades who are 
192.5   employed by the ~~former~~ metropolitan waste control commission, 
192.6   who have trade union pension coverage pursuant to a collective 
192.7   bargaining agreement, and who elected exclusion from coverage 
192.8   pursuant to section 473.512, or who are first employed after 
192.9   July 1, 1977, shall not be covered by the Minnesota state 
192.10  retirement system.  The ~~council~~ commission shall make the 
192.11  employer's contributions to pension funds of its employees.  
192.12  Such employees shall perform such duties as may be prescribed by 
192.13  the ~~council~~ commission.  All funds of such sanitary districts 
192.14  and joint boards then on hand, and all subsequent collections of 
192.15  taxes, special assessments or service charges levied or imposed 
192.16  by or for such sanitary districts or joint boards shall be 
192.17  transferred to the ~~council~~ commission.  The local government 
192.18  units otherwise entitled to such cash, taxes, assessments or 
192.19  service charges shall be credited with such amounts, and such 
192.20  credits shall be offset against any amounts to be paid by them 
192.21  to the ~~council~~ commission as provided in section 473.517.  The 
192.22  former metropolitan waste control commission, and on July 1, 
192.23  1994, the council, and on the effective date of this section, 
192.24  the metropolitan waste control commission, shall succeed to and 
192.25  become vested by action of law with all right, title and 
192.26  interest in and to any property, real or personal, owned or 
192.27  operated by such sanitary districts and joint boards.  Prior to 
192.28  that date the proper officers of such sanitary districts and 
192.29  joint boards, or the former metropolitan waste control 
192.30  commission, or the council, shall execute and deliver to 
192.31  the ~~council~~ commission all deeds, conveyances, bills of sale, 
192.32  and other documents or instruments required to vest in 
192.33  the ~~council~~ commission good and marketable title to all such 
192.34  real or personal property; provided that vesting of the title 
192.35  shall occur by operation of law and failure to execute and 
192.36  deliver the documents shall not affect the vesting of title in 
193.1   the former metropolitan waste control commission ~~or~~, the 
193.2   council, or the commission on the dates indicated in this 
193.3   subdivision.  The ~~council~~ commission shall become obligated to 
193.4   pay or assume all bonded or other debt and contract obligations 
193.5   incurred by the former metropolitan waste control commission or 
193.6   the council, or by such sanitary districts and joint boards, or 
193.7   incurred by local government units for the acquisition or 
193.8   betterment of any interceptors or treatment works owned or 
193.9   operated by such sanitary districts or joint boards. 
193.10     Subd. 4.  [CURRENT VALUE OF EXISTING FACILITIES.] When the 
193.11  ~~council~~ commission assumes the ownership of any existing 
193.12  interceptors or treatment works as provided in subdivision 2 or 
193.13  3, the local government unit or units which paid part or all of 
193.14  the cost of such facility, directly or pursuant to contracts for 
193.15  reimbursement of costs, shall be entitled to receive a credit 
193.16  against amounts to be allocated to them under section 473.517, 
193.17  which may be spread over such period not exceeding 30 years as 
193.18  the ~~council~~ commission shall determine, and an additional credit 
193.19  equal to interest on the unused credit balance from time to time 
193.20  at the rate of four percent per annum.  The amount of such 
193.21  credit shall equal the current value of the facility computed by 
193.22  the ~~council~~ commission in the manner provided in this 
193.23  subdivision at the time the council acquires it.  The original 
193.24  cost of a facility shall be computed as the total actual costs 
193.25  of constructing it, including engineering, legal, and 
193.26  administrative costs, less any part of it paid from federal or 
193.27  state funds and less the principal amount of any then 
193.28  outstanding bonds which were issued to finance its 
193.29  construction.  The original cost shall be multiplied by a factor 
193.30  equal to a current cost index divided by the same cost index at 
193.31  the time of construction, to determine replacement cost.  The 
193.32  cost indices used shall be the Engineering News Record 
193.33  Construction Cost Indices for facilities or parts thereof 
193.34  completed before 1930, and the United States Public Health 
193.35  Service Federal Water Pollution Control Values for Sewer and 
193.36  Treatment Plant Construction, as applied to facilities or parts 
194.1   thereof completed in or after 1930.  The current value of the 
194.2   facility shall be the replacement cost depreciated by 2.50 
194.3   percent per annum from the date of construction of treatment 
194.4   works and 1.25 percent per annum from the date of construction 
194.5   of interceptors; and decreased further by a reasonable allowance 
194.6   for obsolescence if the ~~council~~ commission determines that the 
194.7   facility or any part thereof will not be useful for ~~council~~ 
194.8   commission purposes for at least the remaining period required 
194.9   to depreciate it fully, assuming no salvage value.  The current 
194.10  value of each such facility shall be credited to each local 
194.11  government unit in proportion to the amount of the construction 
194.12  cost paid by that unit, as determined by the ~~council~~ commission, 
194.13  taking into account reimbursements previously made under 
194.14  contracts between any of the local government units.  
194.15  The ~~council~~ commission shall prepare an itemized statement of 
194.16  the amount of credit each local government unit is entitled to 
194.17  receive under this subdivision, and the years and amounts of 
194.18  installments of principal and interest thereon, and shall cause 
194.19  it to be mailed or delivered to the governing body of each local 
194.20  government unit concerned.  All credits allowed under this 
194.21  subdivision shall be used to finance current costs allocated to 
194.22  the local government unit by the ~~council~~ commission or for other 
194.23  sewer costs, and the credits shall not be considered as proceeds 
194.24  from the sale of municipal property so as to permit their use 
194.25  for other purposes.  At its option, the ~~council~~ commission may 
194.26  make a periodic payment to each local government unit in the 
194.27  amount of the credits provided pursuant to this subdivision, in 
194.28  lieu of a credit against amounts to be allocated to such local 
194.29  government units under section 473.517. 
194.30     Sec. 22.  Minnesota Statutes 2000, section 473.512, 
194.31  subdivision 1, is amended to read: 
194.32     Subdivision 1.  [QUALIFICATION, CONDITIONS.] A member of a 
194.33  trade who is employed by the former metropolitan waste control 
194.34  commission, and on July 1, 1994, is employed by the council, and 
194.35  on the effective date of this section is employed by the 
194.36  commission, on a permanent basis with trade union pension plan 
195.1   coverage pursuant to a collective bargaining agreement shall be 
195.2   excluded from coverage by the Minnesota state retirement system 
195.3   if the member was first employed on or after June 1, 1977, or, 
195.4   if the member was first employed prior to June 1, 1977, has 
195.5   elected to be excluded from coverage by the Minnesota state 
195.6   retirement system pursuant to subdivision 2, and has accepted a 
195.7   refund of contributions pursuant to subdivision 3. 
195.8      Sec. 23.  Minnesota Statutes 2000, section 473.513, is 
195.9   amended to read: 
195.10     473.513 [MUNICIPAL PLANS AND PROGRAMS.] 
195.11     As soon as practicable after the adoption of the ~~first~~ 
195.12  long-term policy plan by the ~~council~~ office of strategic and 
195.13  long-range planning as provided in section 473.146, and before 
195.14  undertaking the construction of any extensions or additions to 
195.15  its disposal system or the substantial alteration or improvement 
195.16  of its existing disposal system, each local government unit 
195.17  shall adopt a similar policy plan for the collection, treatment 
195.18  and disposal of sewage for which the local government unit is 
195.19  responsible, coordinated with the council's plan, and may revise 
195.20  the same as often as it deems necessary.  Each such plan shall 
195.21  be submitted forthwith to the ~~council~~ commission for review and 
195.22  shall be subject to the approval of the ~~council~~ commission as to 
195.23  those features affecting the ~~council's~~ commission's 
195.24  responsibilities as determined by the ~~council~~ commission.  Any 
195.25  such features disapproved by the ~~council~~ commission shall be 
195.26  modified in accordance with the ~~council's~~ commission's 
195.27  recommendations.  No construction of new sewers or other 
195.28  disposal facilities, and no substantial alteration or 
195.29  improvement of any existing sewers or other disposal facilities 
195.30  involving such features, shall be undertaken by any local 
195.31  government unit unless its governing body shall first find the 
195.32  same to be in accordance with its comprehensive plan and program 
195.33  as approved by the ~~council~~ commission.  At the time each local 
195.34  government unit makes application to the Minnesota pollution 
195.35  control agency for a permit to alter or improve its disposal 
195.36  system it shall file with the ~~council~~ commission a copy of the 
196.1   application together with design data and a location map of the 
196.2   project.  
196.3      Sec. 24.  Minnesota Statutes 2000, section 473.515, is 
196.4   amended to read: 
196.5      473.515 [SEWAGE COLLECTION AND DISPOSAL; POWERS.] 
196.6      Subdivision 1.  [IDENTIFICATION OF POWERS.] In addition to 
196.7   all other powers conferred upon or delegated to the 
196.8   ~~council~~ commission hereunder, it shall have the powers specified 
196.9   in this section.  
196.10     Subd. 2.  [RIGHT TO DISCHARGE TREATED SEWAGE.] The 
196.11  ~~council~~ commission shall have the right to discharge the 
196.12  effluent from any treatment works operated by it into any waters 
196.13  of the state in accordance with any effluent or water quality 
196.14  standards lawfully adopted by the pollution control agency.  
196.15     Subd. 3.  [CONNECTIONS WITH METROPOLITAN SYSTEM.] The 
196.16  ~~council~~ commission may require any person or local government 
196.17  unit in the metropolitan area to provide for the discharge of 
196.18  its sewage, directly or indirectly, into the metropolitan 
196.19  disposal system, or to connect any disposal system or part 
196.20  thereof with the metropolitan disposal system wherever 
196.21  reasonable opportunity therefor is provided; may regulate the 
196.22  manner in which such connections are made; may require any 
196.23  person or local government unit discharging sewage into the 
196.24  metropolitan disposal system to provide preliminary treatment 
196.25  therefor; may prohibit the discharge into the metropolitan 
196.26  disposal system of any substance which it determines will or may 
196.27  be harmful to the system or any persons operating it; and may 
196.28  require any local government unit to discontinue the 
196.29  acquisition, betterment, or operation of any facility for its 
196.30  disposal system wherever and so far as adequate service is or 
196.31  will be provided by the metropolitan disposal system.  
196.32     Sec. 25.  Minnesota Statutes 2000, section 473.5155, 
196.33  subdivision 1, is amended to read: 
196.34     Subdivision 1.  [REMEDIES AVAILABLE.] (a) For purposes of 
196.35  this section, "violation" means any discharge or action by a 
196.36  person that violates sections 473.501 to 473.549 or rules, 
197.1   standards, variances, limitations, orders, stipulations, 
197.2   agreements, schedules of compliance, or permits that are issued 
197.3   or adopted by the ~~council~~ commission under sections 473.501 to 
197.4   473.549. 
197.5      (b) Each violation may be enforced by any one or a 
197.6   combination of the following:  criminal prosecution, civil 
197.7   action, or other appropriate action in accordance with sections 
197.8   473.501 to 473.549.  
197.9      Sec. 26.  Minnesota Statutes 2000, section 473.5155, 
197.10  subdivision 3, is amended to read: 
197.11     Subd. 3.  [CIVIL PENALTIES.] A violation is subject to a 
197.12  penalty payable to the state, in an amount to be determined by 
197.13  the court, of not more than $1,000 per day of violation.  The 
197.14  civil penalty may be recovered by a civil action brought by the 
197.15  ~~council~~ commission in the name of the state.  
197.16     Sec. 27.  Minnesota Statutes 2000, section 473.516, is 
197.17  amended to read: 
197.18     473.516 [WASTE FACILITIES; SEWAGE SLUDGE DISPOSAL.] 
197.19     Subdivision 1.  [ACQUISITION AND OPERATION.] Without 
197.20  limiting the grant or enumeration of any of the powers conferred 
197.21  on the ~~council~~ commission under sections 473.501 to 473.549, the 
197.22  ~~council~~ commission shall have the specific power to acquire by 
197.23  purchase, lease, condemnation, gift or grant any real or 
197.24  personal property, positive and negative easements and water and 
197.25  air rights, and it may construct, enlarge, improve, replace, 
197.26  repair, maintain and operate waste facilities in the 
197.27  metropolitan area deemed to be necessary or convenient in 
197.28  connection with the processing or disposal of waste resulting 
197.29  from sewage treatment~~, and the council may contract for the~~ 
197.30  ~~maintenance and operation of such waste facilities, subject to~~ 
197.31  ~~the bidding requirements of section 473.523~~.  The ~~council~~ 
197.32  commission may accept for processing waste derived from outside 
197.33  the metropolitan area in the state, as well as waste derived 
197.34  from within the metropolitan area, and may fix and collect fees 
197.35  and charges for the acceptance of waste as the 
197.36  ~~council~~ commission determines to be reasonable. 
198.1      Subd. 2.  [GENERAL REQUIREMENTS.] With respect to its 
198.2   activities under this section, the ~~council~~ commission shall be 
198.3   subject to and comply with the applicable provisions of this 
198.4   chapter.  Property acquired by the ~~council~~ commission under this 
198.5   section shall be subject to the provisions of section 473.545.  
198.6   Any site or facility owned or operated for or by the ~~council~~ 
198.7   commission shall conform to the policy plan adopted under 
198.8   section 473.149.  ~~The council shall contract with private~~ 
198.9   ~~persons for the construction, maintenance, and operation of~~ 
198.10  ~~waste facilities, subject to the bidding requirements of section~~ 
198.11  ~~473.523, where the facilities are adequate and available for use~~ 
198.12  ~~and competitive with other means of providing the same service.~~ 
198.13     Subd. 3.  [LOCAL RESTRICTIONS.] Counties and local units of 
198.14  government may impose conditions respecting the construction, 
198.15  operation, inspection, monitoring, and maintenance of a waste 
198.16  facility of the ~~council~~ commission and conditions respecting the 
198.17  sale, gift, delivery, storage, use, and disposal of sewage 
198.18  sludge of the ~~council~~ commission on private property as a soil 
198.19  conditioner or amendment, but only in the manner and only to the 
198.20  extent authorized and approved by the ~~council~~ commission and the 
198.21  pollution control agency as being consistent with the 
198.22  establishment and use of the ~~council's~~ commission's waste 
198.23  facilities and the disposal of the ~~council's~~ commission's sewage 
198.24  sludge on private property in accordance with the ~~council's~~ 
198.25  plan, adopted under Minnesota Statutes 1992, section 473.153, 
198.26  and agency permits and rules.  Counties may exercise the 
198.27  enforcement powers granted under section 473.811, subdivision 
198.28  5c, in the manner and to the extent authorized and approved in 
198.29  accordance with this subdivision.  
198.30     Subd. 4.  [TECHNICAL MONITORING; SEWAGE SLUDGE DISPOSAL.] 
198.31  Each sewage sludge disposal facility of the ~~council~~ commission, 
198.32  or site used for the disposal of sewage sludge of the ~~council~~ 
198.33  commission, shall be required to have an agency permit issued 
198.34  pursuant to agency rules for permitting sewage sludge disposal 
198.35  facilities and sites.  Each permit shall require a regular 
198.36  monitoring and testing program to be carried out by the ~~council~~ 
199.1   commission.  A regular inspection program shall be conducted by 
199.2   the agency or a county under contract to the agency.  
199.3   The ~~council~~ commission shall reimburse the agency quarterly for 
199.4   the cost of the program, and the amounts reimbursed are hereby 
199.5   appropriated to the agency for the purposes of the program.  The 
199.6   ~~council~~ commission shall attempt to the greatest practical 
199.7   extent to provide a sludge quality that permits desired nutrient 
199.8   loadings and minimizes elements not essential for plant growth 
199.9   when sludge is disposed of on private property as a soil 
199.10  conditioner or amendment.  The ~~council~~ commission shall provide 
199.11  recipients with information on the facility generating the 
199.12  sludge and the content of the sludge taken from its various 
199.13  treatment facilities.  
199.14     Subd. 5.  [SLUDGE ASH CONTRACTS.] Notwithstanding section 
199.15  473.523, the ~~council~~ commission may enter into a negotiated 
199.16  contract with a private person to use the sludge ash generated 
199.17  by the ~~council~~ commission in a manufacturing process.  The 
199.18  contract may not exceed 30 years. 
199.19     Sec. 28.  Minnesota Statutes 2000, section 473.517, 
199.20  subdivision 1, is amended to read: 
199.21     Subdivision 1.  [ALLOCATION METHOD.] Except as provided in 
199.22  subdivision 3, the estimated costs of operation, maintenance, 
199.23  and debt service of the metropolitan disposal system to be paid 
199.24  by the ~~council~~ commission in each fiscal year, and the costs of 
199.25  acquisition and betterment of the system which are to be paid 
199.26  during the year from funds other than bond proceeds, including 
199.27  all expenses incurred by the ~~council~~ commission pursuant to 
199.28  sections 473.501 to 473.545, are referred to in this section as 
199.29  current costs, and shall be allocated among and paid by all 
199.30  local government units which will discharge sewage, directly or 
199.31  indirectly, into the metropolitan disposal system during the 
199.32  budget year according to an allocation method determined by 
199.33  the ~~council~~ commission.  The allocated costs may include an 
199.34  amount for a reserve or contingency fund and an amount for cash 
199.35  flow management.  The cash flow management fund so established 
199.36  must not exceed five percent of the ~~council's~~ commission's total 
200.1   waste control operating budget. 
200.2      Sec. 29.  Minnesota Statutes 2000, section 473.517, 
200.3   subdivision 3, is amended to read: 
200.4      Subd. 3.  [ALLOCATION OF TREATMENT, INTERCEPTOR COSTS; 
200.5   RESERVED CAPACITY.] In preparing each budget the ~~council~~ 
200.6   commission shall estimate the current costs of acquisition, 
200.7   betterment, and debt service, only, of the treatment works in 
200.8   the metropolitan disposal system which will not be used to total 
200.9   capacity during the budget year, and the percentage of such 
200.10  capacity which will not be used, and shall deduct the same 
200.11  percentage of such treatment works costs from the current costs 
200.12  allocated under subdivision 1.  The ~~council~~ commission shall 
200.13  also estimate the current costs of acquisition, betterment, and 
200.14  debt service, only, of the interceptors in the metropolitan 
200.15  disposal system that will not be used to total capacity during 
200.16  the budget year, shall estimate the percentage of the total 
200.17  capacity that will not be used, and shall deduct the same 
200.18  percentage of interceptor costs from the current costs allocated 
200.19  under subdivision 1.  The total amount so deducted with respect 
200.20  to all treatment works and interceptors in the system shall be 
200.21  allocated among and paid by the respective local government 
200.22  units in the metropolitan area for which system capacity unused 
200.23  each year is reserved for future use, in proportion to the 
200.24  amounts of such capacity reserved for each of them.  
200.25     Sec. 30.  Minnesota Statutes 2000, section 473.517, 
200.26  subdivision 6, is amended to read: 
200.27     Subd. 6.  [DEFERMENT OF PAYMENTS.] The ~~council~~ commission 
200.28  may provide for the deferment of payment of all or part of the 
200.29  allocated costs which are allocated by the ~~council~~ commission to 
200.30  a local government unit in any year pursuant to subdivision 3, 
200.31  repayable at such time or times as the ~~council~~ commission shall 
200.32  specify, with interest at the approximate average annual rate 
200.33  borne by ~~council~~ commission bonds outstanding at the time of the 
200.34  deferment, as determined by the ~~council~~ commission.  Such 
200.35  deferred costs shall be allocated to and paid by all local 
200.36  government units in the metropolitan area which will discharge 
201.1   sewage, directly or indirectly, into the metropolitan disposal 
201.2   system in the budget year for which the deferment is granted, in 
201.3   the same manner and proportions as costs are allocated under 
201.4   subdivision 1. 
201.5      Sec. 31.  Minnesota Statutes 2000, section 473.519, is 
201.6   amended to read: 
201.7      473.519 [FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 
201.8   1972; SYSTEM OF CHARGES.] 
201.9      Each local government unit shall adopt a system of charges 
201.10  for the use and availability of the metropolitan disposal system 
201.11  which will assure that each recipient of waste treatment 
201.12  services within or served by the unit will pay its proportionate 
201.13  share of the costs allocated to the unit by the ~~council~~ 
201.14  commission under section 473.517, as required by the federal 
201.15  Water Pollution Control Act amendments of 1972, and any 
201.16  regulations issued pursuant thereto.  Each system of charges 
201.17  shall be adopted as soon as possible and shall be submitted to 
201.18  the ~~council~~ commission.  The ~~council~~ commission shall review 
201.19  each system of charges to determine whether it complies with the 
201.20  federal law and regulations.  If it determines that a system of 
201.21  charges does not comply, the adopting unit shall be notified and 
201.22  shall change its system to comply, and shall submit the changes 
201.23  to the ~~council~~ commission for review.  All subsequent changes in 
201.24  a system of charges proposed by a local government unit shall 
201.25  also be submitted to the ~~council~~ commission for review.  
201.26     Sec. 32.  Minnesota Statutes 2000, section 473.521, is 
201.27  amended to read: 
201.28     473.521 [PAYMENTS TO ~~COUNCIL~~ COMMISSION.] 
201.29     Subdivision 1.  [AMOUNTS DUE ~~COUNCIL~~ COMMISSION, WHEN 
201.30  PAYABLE.] Charges payable to the ~~council~~ commission by local 
201.31  government units may be made payable at such times during each 
201.32  year as the ~~council~~ commission determines, but such dates shall 
201.33  be fixed with reference to the dates on which tax, assessment, 
201.34  and revenue collections become available to the government units 
201.35  required to pay such charges.  
201.36     Subd. 2.  [COMPONENT MUNICIPALITIES, OBLIGATIONS TO ~~COUNCIL~~ 
202.1   COMMISSION.] Each government unit shall pay to the ~~council~~ 
202.2   commission all sums charged to it as provided in section 
202.3   473.517, at the times and in the manner determined by 
202.4   the ~~council~~ commission.  The governing body of each such 
202.5   government unit shall take all action that may be necessary to 
202.6   provide the funds required for such payments and to make the 
202.7   same when due.  
202.8      Subd. 3.  [POWERS OF GOVERNMENT UNITS.] To accomplish any 
202.9   duty imposed on it by the ~~council~~ commission, the governing body 
202.10  of every government unit in the metropolitan area may exercise 
202.11  the powers granted any municipality by chapters 117, 412, 429, 
202.12  475, sections 115.46, 444.075 and 471.59.  
202.13     Subd. 4.  [DEFICIENCY TAX LEVIES.] If the governing body of 
202.14  any local government unit fails to meet any payment to 
202.15  the ~~council~~ commission hereunder when due, the ~~metropolitan~~ 
202.16  ~~council~~ commission may certify to the auditor of the county in 
202.17  which the government unit is located the amount required for 
202.18  payment of such amount with interest at six percent per annum.  
202.19  The auditor shall levy and extend such amount as a tax upon all 
202.20  taxable property in the government unit for the next calendar 
202.21  year, free from any existing limitations imposed by law or 
202.22  charter.  Such tax shall be collected in the same manner as the 
202.23  general taxes of the government unit, and the proceeds thereof, 
202.24  when collected, shall be paid by the county treasurer to the 
202.25  treasurer of the ~~council~~ commission and credited to the 
202.26  government unit for which the tax was levied. 
202.27     Sec. 33.  Minnesota Statutes 2000, section 473.523, is 
202.28  amended to read: 
202.29     473.523 [CONTRACTS FOR CONSTRUCTION MATERIALS, SUPPLIES, 
202.30  AND EQUIPMENT.] 
202.31     Subdivision 1.  All contracts for construction work, or for 
202.32  the purchase of materials, supplies, or equipment relating to 
202.33  the metropolitan disposal system shall be made as provided in 
202.34  section 471.345, subdivisions 3 to 6.  Contracts subject to 
202.35  section 471.345, subdivision 3, shall be made by the ~~council~~ 
202.36  commission by publishing once in a legal newspaper or trade 
203.1   paper published in a city of the first class not less than two 
203.2   weeks before the last day for submission of bids, notice that 
203.3   bids or proposals will be received.  Such notice shall state the 
203.4   nature of the work or purchase and the terms and conditions upon 
203.5   which the contract is to be awarded, and a time and place where 
203.6   such bids will be received, opened, and read publicly.  After 
203.7   such bids have been duly received, opened, read publicly, and 
203.8   recorded, the ~~council~~ commission shall award such contract to 
203.9   the lowest responsible bidder or it may reject all bids and 
203.10  readvertise.  Each contract shall be duly executed in writing 
203.11  and the party to whom the contract is awarded shall give 
203.12  sufficient bond or security to the board for the faithful 
203.13  performance of the contract as required by law.  The ~~council~~ 
203.14  commission shall have the right to set qualifications and 
203.15  specifications and to require bids to meet all such 
203.16  qualifications and specifications before being accepted.  If the 
203.17  ~~council~~ commission by an affirmative vote of two-thirds of its 
203.18  members declares that an emergency exists requiring the 
203.19  immediate purchase of materials or supplies at a cost in excess 
203.20  of the amount specified in section 471.345, subdivision 3, or in 
203.21  making emergency repairs, it shall not be necessary to advertise 
203.22  for bids. 
203.23     Subd. 2.  The ~~manager of wastewater services may~~ chief 
203.24  administrator, without prior approval of the ~~council~~ commission 
203.25  and without advertising for bids, enter into any contract of the 
203.26  type referred to in subdivision 1 which is not in excess of the 
203.27  amount specified in section 471.345, subdivision 3.  
203.28     Sec. 34.  Minnesota Statutes 2000, section 473.541, is 
203.29  amended to read: 
203.30     473.541 [DEBT OBLIGATIONS.] 
203.31     Subdivision 1.  [CERTIFICATES OF INDEBTEDNESS.] At any time 
203.32  or times after approval of an annual budget, and in anticipation 
203.33  of the collection of tax and other revenues appropriated in the 
203.34  budget, the ~~council~~ commission may by resolution authorize the 
203.35  issuance, negotiation, and sale, in such form and manner and 
203.36  upon such terms as it may determine, of general obligation 
204.1   certificates of indebtedness in aggregate principal amounts not 
204.2   exceeding 50 percent of the total amount of such appropriations, 
204.3   and maturing not later than April 1 following the close of the 
204.4   budget year.  All receipts of tax and other revenues included in 
204.5   the budget, after the expenditure of appropriated funds, shall 
204.6   be irrevocably appropriated to a special fund to pay the 
204.7   principal of and the interest on the certificates when due.  If 
204.8   for some reason the anticipated revenues are insufficient to pay 
204.9   the certificates and interest thereon when due, the ~~council~~ 
204.10  commission shall levy a tax in the amount of the deficiency on 
204.11  all taxable property in the metropolitan area, and shall 
204.12  appropriate this amount to the special fund, to be credited 
204.13  thereto from the first tax and other revenues received in the 
204.14  following budget year.  
204.15     Subd. 2.  [EMERGENCY CERTIFICATES OF INDEBTEDNESS.] If in 
204.16  any budget year the receipts of tax and other revenues should 
204.17  from some unforeseen cause become insufficient to pay the 
204.18  ~~council's~~ commission's current wastewater control expenses, or 
204.19  if any calamity or other public emergency should subject it to 
204.20  the necessity of making extraordinary wastewater control 
204.21  expenditures, the ~~council~~ commission may make an emergency 
204.22  appropriation of an amount sufficient to meet the deficiency and 
204.23  may authorize the issuance, negotiation, and sale of 
204.24  certificates of indebtedness in this amount in the same manner 
204.25  and upon the same conditions as provided in subdivision 1, 
204.26  except that the ~~council~~ commission shall forthwith levy on all 
204.27  taxable property in the metropolitan area a tax sufficient to 
204.28  pay the certificates and interest thereon, and shall appropriate 
204.29  all collections of such tax to a special fund created for that 
204.30  purpose.  The certificates may mature not later than April in 
204.31  the year following the year in which the tax is collectible.  
204.32     Subd. 3.  [GENERAL OBLIGATION BONDS.] The ~~council~~ 
204.33  commission may by resolution authorize the issuance of general 
204.34  obligation bonds for the acquisition or betterment of any 
204.35  interceptors or treatment works determined to be necessary or 
204.36  desirable for the metropolitan disposal system, or for the 
205.1   refunding of outstanding bonds, certificates of indebtedness, or 
205.2   judgments.  The ~~council~~ commission shall provide for the 
205.3   issuance and sale and for the security of such bonds in the 
205.4   manner provided in chapter 475, and shall have the same powers 
205.5   and duties as a municipality issuing bonds under that law, 
205.6   except that no election shall be required and the net debt 
205.7   limitations in chapter 475 shall not apply to such bonds.  
205.8   The ~~council~~ commission may also pledge for the payment of such 
205.9   bonds any revenues receivable under section 473.517.  
205.10     Subd. 4.  [REVENUE BONDS.] (a) The ~~council~~ commission may, 
205.11  by resolution, authorize the issuance of revenue bonds for any 
205.12  purpose for which general obligation bonds may be issued under 
205.13  subdivision 3.  The bonds shall be sold, issued, and secured in 
205.14  the manner provided in chapter 475 for bonds payable solely from 
205.15  revenues, except as otherwise provided in this subdivision, and 
205.16  the ~~council~~ commission shall have the same powers and duties as 
205.17  a municipality and its governing body in issuing bonds under 
205.18  that chapter.  The bonds shall be payable from and secured by a 
205.19  pledge of all or any part of revenues receivable under section 
205.20  473.517, shall not, and shall state they do not, represent or 
205.21  constitute a general obligation or debt of the ~~council~~ 
205.22  commission, and shall not be included in the net debt of any 
205.23  city, county, or other subdivision of the state for the purpose 
205.24  of any net debt limitation.  The proceeds of the bonds may be 
205.25  used to pay credit enhancement fees.  
205.26     (b) The bonds may be secured by a bond resolution, or a 
205.27  trust indenture entered into by the ~~council~~ commission with a 
205.28  corporate trustee within or outside the state, which shall 
205.29  define the revenues and bond proceeds pledged for the payment 
205.30  and security of the bonds.  The pledge shall be a valid charge 
205.31  on the revenues received under section 473.517.  No mortgage of 
205.32  or security interest in any tangible real or personal property 
205.33  shall be granted to the bondholders or the trustee, but they 
205.34  shall have a valid security interest in the revenues and bond 
205.35  proceeds received by the ~~council~~ commission and pledged to the 
205.36  payment of the bonds as against the claims of all persons in 
206.1   tort, contract, or otherwise, irrespective of whether such 
206.2   parties have notice thereof and without possession or filing as 
206.3   provided in the Uniform Commercial Code or any other law, 
206.4   subject, however, to the rights of the holders of any general 
206.5   obligation bonds issued under subdivision 3.  In the bond 
206.6   resolution or trust indenture, the ~~council~~ commission may make 
206.7   such covenants as it determines to be reasonable for the 
206.8   protection of the bondholders, including a covenant to issue 
206.9   general obligation bonds to refund the revenue bonds if and to 
206.10  the extent required to pay principal and interest on the bonds 
206.11  and to certify a deficiency tax levy as provided in section 
206.12  473.521, subdivision 4.  
206.13     (c) Neither the ~~council~~ commission, nor any ~~council~~ 
206.14  commission member, officer, employee, or agent of the ~~council~~ 
206.15  commission, nor any person executing the bonds shall be liable 
206.16  personally on the bonds by reason of their issuance.  The bonds 
206.17  shall not be payable from nor a charge upon any funds other than 
206.18  the revenues and bond proceeds pledged to the payment thereof, 
206.19  nor shall the ~~council~~ commission be subject to any liability 
206.20  thereon or have the power to obligate itself to pay or to pay 
206.21  the bonds from funds other than the revenues and bond proceeds 
206.22  pledged, and no holder or holders of bonds shall ever have the 
206.23  right to compel any exercise of the taxing power of the ~~council~~ 
206.24  commission (except any deficiency tax levy the ~~council~~ 
206.25  commission covenants to certify under section 473.521, 
206.26  subdivision 4) or any other public body, to the payment of 
206.27  principal of or interest on the bonds, nor to enforce payment 
206.28  thereof against any property of the ~~council~~ commission or other 
206.29  public body other than that expressly pledged for the payment 
206.30  thereof.  
206.31     Sec. 35.  Minnesota Statutes 2000, section 473.542, is 
206.32  amended to read: 
206.33     473.542 [DEPOSITORIES.] 
206.34     The ~~council~~ commission shall from time to time designate 
206.35  one or more national or state banks, or trust companies 
206.36  authorized to do a banking business, as official depositories 
207.1   for moneys of the ~~council~~ commission, and thereupon shall 
207.2   require the treasurer to deposit all or a part of such moneys in 
207.3   such institutions.  Such designation shall be in writing and 
207.4   shall set forth all the terms and conditions upon which the 
207.5   deposits are made, and shall be signed by the chair and 
207.6   treasurer, and made a part of the minutes of the ~~council~~ 
207.7   commission.  Any bank or trust company so designated shall 
207.8   qualify as a depository by furnishing a corporate surety bond or 
207.9   collateral in the amounts required by section 118A.03.  However, 
207.10  no bond or collateral shall be required to secure any deposit 
207.11  insofar as it is insured under federal law.  
207.12     Sec. 36.  Minnesota Statutes 2000, section 473.543, is 
207.13  amended to read: 
207.14     473.543 [MONEYS, ACCOUNTS AND INVESTMENTS.] 
207.15     Subdivision 1.  [DISPOSED OF AS BUDGETED; PLEDGES.] All 
207.16  moneys from wastewater control operations received by the 
207.17  ~~council~~ commission shall be deposited or invested by the 
207.18  treasurer and disposed of as the ~~council~~ commission may direct 
207.19  in accordance with its waste control budget; provided that any 
207.20  moneys that have been pledged or dedicated by the ~~metropolitan~~ 
207.21  ~~council~~ commission to the payment of obligations or interest 
207.22  thereon or expenses incident thereto, or for any other specific 
207.23  purpose authorized by law, shall be paid by the treasurer into 
207.24  the fund to which they have been pledged.  
207.25     Subd. 2.  [ACCOUNTS.] The ~~council's~~ commission's treasurer 
207.26  shall establish such funds and accounts as may be necessary or 
207.27  convenient to handle the receipts and disbursements of the 
207.28  ~~council~~ commission in an orderly fashion.  
207.29     Subd. 3.  [WHERE TO DEPOSIT; HOW TO INVEST.] The moneys on 
207.30  hand in said funds and accounts may be deposited in the official 
207.31  depositories of the ~~council~~ commission or invested as 
207.32  hereinafter provided.  The amount thereof not currently needed 
207.33  or required by law to be kept in cash on deposit may be invested 
207.34  in obligations authorized for the investment of public funds by 
207.35  section 118A.04.  Such moneys may also be held under 
207.36  certificates of deposit issued by any official depository of the 
208.1   ~~council~~ commission.  
208.2      Subd. 4.  [BOND PROCEEDS.] The use of proceeds of all bonds 
208.3   issued by the ~~council~~ commission for the acquisition and 
208.4   betterment of interceptors or treatment works, and the use, 
208.5   other than investment, of all moneys on hand in any sinking fund 
208.6   or funds of the ~~council~~ commission, shall be governed by the 
208.7   provisions of chapter 475, and the provisions of resolutions 
208.8   authorizing the issuance of such bonds.  The bond proceeds when 
208.9   received shall be transferred to the treasurer of the commission 
208.10  for safekeeping, investment, and payment of capital costs. 
208.11     Subd. 5.  [ANNUAL AUDIT.] The state auditor shall audit the 
208.12  books and accounts of the commission at least once each year.  
208.13  The commission shall pay to the state the total cost and 
208.14  expenses of the examination.  The general fund shall be credited 
208.15  with all collections made for an examination.  
208.16     Sec. 37.  Minnesota Statutes 2000, section 473.545, is 
208.17  amended to read: 
208.18     473.545 [PROPERTY EXEMPT FROM TAXATION.] 
208.19     Any properties, real or personal, owned, leased, 
208.20  controlled, used, or occupied by the ~~council~~ commission for any 
208.21  purpose referred to in Minnesota Statutes 1984, section 473.502, 
208.22  are declared to be acquired, owned, leased, controlled, used and 
208.23  occupied for public, governmental, and municipal purposes, and 
208.24  shall be exempt from taxation by the state or any political 
208.25  subdivision of the state, except to the extent that the property 
208.26  is subject to the sales and use tax under chapter 297A, provided 
208.27  that such properties shall be subject to special assessments 
208.28  levied by a political subdivision for a local improvement in 
208.29  amounts proportionate to and not exceeding the special benefit 
208.30  received by the properties from such improvement.  No possible 
208.31  use of any such properties in any manner different from their 
208.32  use as part of the metropolitan disposal system at the time 
208.33  shall be considered in determining the special benefit received 
208.34  by such properties.  All such assessments shall be subject to 
208.35  final confirmation by the ~~metropolitan council~~ commission, whose 
208.36  determination of the benefits shall be conclusive upon the 
209.1   political subdivision levying the assessment.  
209.2      Sec. 38.  Minnesota Statutes 2000, section 473.547, is 
209.3   amended to read: 
209.4      473.547 [TAX LEVIES.] 
209.5      The ~~council~~ commission shall have power to levy taxes for 
209.6   debt service of the metropolitan disposal system upon all 
209.7   taxable property within the metropolitan area, without 
209.8   limitation of rate or amount and without affecting the amount or 
209.9   rate of taxes which may be levied by ~~the council for other~~ 
209.10  ~~purposes or by~~ any local government unit in the area.  
209.11  The ~~council~~ commission shall also have power to levy taxes as 
209.12  provided in section 473.521.  Each of the county auditors shall 
209.13  annually assess and extend upon the tax rolls in the auditor's 
209.14  county the portion of the taxes levied by the ~~council~~ commission 
209.15  in each year which is certified to the auditor by the ~~council~~ 
209.16  commission.  Each county treasurer shall collect and make 
209.17  settlement of such taxes with the ~~council~~ commission in the same 
209.18  manner as with other political subdivisions. 
209.19     Sec. 39.  Minnesota Statutes 2000, section 473.549, is 
209.20  amended to read: 
209.21     473.549 [RELATION TO EXISTING LAWS.] 
209.22     The provisions of sections 473.501 to 473.549 shall be 
209.23  given full effect notwithstanding the provisions of any law not 
209.24  consistent therewith.  The powers conferred on the ~~council~~ 
209.25  commission under sections 473.501 to 473.545 shall in no way 
209.26  diminish or supersede the powers conferred on the pollution 
209.27  control agency by sections 103F.701 to 103F.761 and chapters 115 
209.28  and 116. 
209.29     Sec. 40.  [TRANSFER.] 
209.30     The powers, duties, assets, and liabilities of the 
209.31  metropolitan council relating to the metropolitan disposal 
209.32  system are transferred to the metropolitan waste control 
209.33  commission established in this article.  Minnesota Statutes, 
209.34  section 15.039, applies to the transfer to the extent 
209.35  practicable. 
209.36     Sec. 41.  [REPEALER.] 
210.1      Minnesota Statutes 2000, sections 473.517, subdivision 9; 
210.2   and 473.535, are repealed. 
210.3      Sec. 42.  [APPLICATION.] 
210.4      This article applies in the counties of Anoka, Carver, 
210.5   Dakota, Hennepin, Ramsey, Scott, and Washington. 
210.6      Sec. 43.  [EFFECTIVE DATE.] 
210.7      This article is effective July 1, 2002. 
210.8                              ARTICLE 5
210.9              METROPOLITAN SPORTS FACILITIES COMMISSION 
210.10     Section 1.  Minnesota Statutes 2000, section 3.9741, 
210.11  subdivision 1, is amended to read: 
210.12     Subdivision 1.  [METROPOLITAN COMMISSION.] Upon the audit 
210.13  of the financial accounts and affairs of a commission under 
210.14  section ~~473.595,~~ 473.604~~,~~ or 473.703, the affected metropolitan 
210.15  commission is liable to the state for the total cost and 
210.16  expenses of the audit, including the salaries paid to the 
210.17  examiners while actually engaged in making the examination.  The 
210.18  legislative auditor may bill the metropolitan commission either 
210.19  monthly or at the completion of the audit.  All collections 
210.20  received for the audits must be deposited in the general fund.  
210.21     Sec. 2.  Minnesota Statutes 2000, section 13.55, 
210.22  subdivision 1, is amended to read: 
210.23     Subdivision 1.  [NOT PUBLIC CLASSIFICATION.] The following 
210.24  data received, created, or maintained by or for publicly owned 
210.25  and operated convention or professional sports facilities, or 
210.26  civic center authorities~~, or the metropolitan sports facilities~~ 
210.27  ~~commission~~ are classified as nonpublic data pursuant to section 
210.28  13.02, subdivision 9; or private data on individuals pursuant to 
210.29  section 13.02, subdivision 12:  
210.30     (a) a letter or other documentation from any person who 
210.31  makes inquiry to or who is contacted by the facility regarding 
210.32  the availability of the facility for staging events; 
210.33     (b) identity of firms and corporations which contact the 
210.34  facility; 
210.35     (c) type of event which they wish to stage in the facility; 
210.36     (d) suggested terms of rentals; and 
211.1      (e) responses of authority staff to these inquiries. 
211.2      Sec. 3.  Minnesota Statutes 2000, section 240A.08, is 
211.3   amended to read: 
211.4      240A.08 [APPROPRIATION.] 
211.5      (a) $750,000 is appropriated annually from the general fund 
211.6   to the Minnesota amateur sports commission for the purpose of 
211.7   entering into long-term leases, use, or other agreements ~~with~~ 
211.8   ~~the metropolitan sports facilities commission~~ for the conduct of 
211.9   amateur sports activities at the basketball and hockey arena, 
211.10  consistent with the purposes set forth in this chapter, 
211.11  including (1) stimulating and promoting amateur sports, (2) 
211.12  promoting physical fitness by promoting participation in sports, 
211.13  (3) promoting the development of recreational amateur sport 
211.14  opportunities and activities, and (4) promoting local, regional, 
211.15  national, and international amateur sport competitions and 
211.16  events.  The amateur sports commission shall determine what 
211.17  constitutes amateur sports activities as provided in this 
211.18  chapter as of March 1, 1995.  The ~~metropolitan sports facilities~~ 
211.19  ~~commission~~ agreement may allocate at least 25 but no more than 
211.20  50 dates a year for the conduct of amateur sports activities at 
211.21  the basketball and hockey arena by the amateur sports commission.
211.22  At least 12 of the dates must be on a Friday, Saturday, or 
211.23  Sunday.  The amateur sports commission may sell a date at the 
211.24  arena to another group for any purpose.  Revenue from sale of 
211.25  these dates is appropriated to the amateur sports commission for 
211.26  purposes listed in section 240A.04.  If any amateur sports 
211.27  activities conducted by the amateur sports commission at the 
211.28  basketball and hockey arena are restricted to participants of 
211.29  one gender, an equal number of activities on comparable days of 
211.30  the week must be conducted for participants of the other gender, 
211.31  but not necessarily in the same year.  The legislature reserves 
211.32  the right to repeal or amend this appropriation, and does not 
211.33  intend this appropriation to create public debt. 
211.34     (b) The amateur sports commission shall not transmit to the 
211.35  operator of the basketball and hockey arena payment of any 
211.36  event-related costs or expenses, including, but not limited to, 
212.1   personnel, labor, services, equipment, utilities, or supplies 
212.2   attributable to the events unless and until the operator has 
212.3   demonstrated, to the satisfaction of the amateur sports 
212.4   commission, the basis for each specific cost or expense and the 
212.5   means by which the costs and expenses were determined. 
212.6      (c) The amateur sports commission may use any ticket system 
212.7   as may be in place from time to time at the basketball and 
212.8   hockey arena, provided that any royalty or rebate fees or 
212.9   charges or surcharges on tickets received by the operator of the 
212.10  arena from third parties must be credited against event-related 
212.11  costs or expenses. 
212.12     (d) In the establishment of event-related costs to be 
212.13  imposed upon the amateur sports commission, the operator of the 
212.14  basketball and hockey arena shall provide the amateur sports 
212.15  commission with the maximum discount that the operator has 
212.16  supplied to any other sponsor of a similar amateur sports event 
212.17  in the arena within the 180-day period immediately preceding the 
212.18  date of the amateur sports commission event. 
212.19     (e) The amateur sports commission must report by August 1 
212.20  each year to the chairs of the house and senate state government 
212.21  finance divisions on compliance with this section and on the 
212.22  total value of dates and ancillary services, and revenue derived 
212.23  from resale of dates, during the previous state fiscal year. 
212.24     (f) The attorney general, on behalf of the amateur sports 
212.25  commission, must pursue collection of monetary damages from the 
212.26  operator of the arena if the operator fails to comply with the 
212.27  requirements of this section. 
212.28     (g) The books, records, documents, accounting procedures, 
212.29  and practices of the ~~metropolitan sports facilities commission,~~ 
212.30  ~~the~~ Minneapolis community development agency, and any 
212.31  corporation with which the Minnesota amateur sports commission 
212.32  may contract for use of the basketball and hockey arena are 
212.33  available for review by the Minnesota amateur sports commission, 
212.34  the legislative auditor, and the chairs of the state government 
212.35  finance divisions of the senate and the house of 
212.36  representatives, subject to chapter 13 and section 473.598, 
213.1   subdivision 4. 
213.2      Sec. 4.  Minnesota Statutes 2000, section 340A.404, 
213.3   subdivision 1, is amended to read: 
213.4      Subdivision 1.  [CITIES.] A city may issue an on-sale 
213.5   intoxicating liquor license to the following establishments 
213.6   located within its jurisdiction: 
213.7      (1) hotels; 
213.8      (2) restaurants; 
213.9      (3) bowling centers; 
213.10     (4) clubs or congressionally chartered veterans 
213.11  organizations with the approval of the commissioner, provided 
213.12  that the organization has been in existence for at least three 
213.13  years and liquor sales will only be to members and bona fide 
213.14  guests; 
213.15     (5) sports facilities located on land owned by the 
213.16  successor to the metropolitan sports commission; and 
213.17     (6) exclusive liquor stores.  
213.18     Sec. 5.  Minnesota Statutes 2000, section 340A.504, 
213.19  subdivision 1, is amended to read: 
213.20     Subdivision 1.  [3.2 PERCENT MALT LIQUOR.] No sale of 3.2 
213.21  percent malt liquor may be made between 1:00 a.m. and 8:00 a.m. 
213.22  on the days of Monday through Saturday, nor between 1:00 a.m. 
213.23  and 12:00 noon on Sunday, provided that an establishment located 
213.24  on land owned by the successor to the metropolitan sports 
213.25  commission and used for sports, or the sports arena for which 
213.26  one or more licenses have been issued under section 340A.404, 
213.27  subdivision 2, paragraph (c), may sell 3.2 percent malt liquor 
213.28  between 10:00 a.m. and 12:00 noon on a Sunday on which a sports 
213.29  or other event is scheduled to begin at that location on or 
213.30  before 1:00 p.m. of that day. 
213.31     Sec. 6.  Minnesota Statutes 2000, section 469.071, 
213.32  subdivision 4, is amended to read: 
213.33     Subd. 4.  [PROPERTY TAX EXEMPTION.] Notwithstanding section 
213.34  473.556, subdivision 6, or any other law, real property conveyed 
213.35  to the port authority of the city of Bloomington by the former 
213.36  metropolitan sports facilities commission is exempt from 
214.1   taxation under sections 473.556, subdivision 4; and 469.012, 
214.2   subdivision 2. 
214.3      Sec. 7.  Minnesota Statutes 2000, section 473.121, 
214.4   subdivision 5a, is amended to read: 
214.5      Subd. 5a.  [METROPOLITAN AGENCY.] "Metropolitan agency" 
214.6   means the metropolitan parks and open space commission~~,~~ and the 
214.7   metropolitan airports commission~~, and metropolitan sports~~ 
214.8   ~~facilities commission~~. 
214.9      Sec. 8.  Minnesota Statutes 2000, section 473.551, 
214.10  subdivision 9, is amended to read: 
214.11     Subd. 9.  [METRODOME.] "Metrodome" means the Hubert H. 
214.12  Humphrey Metrodome located in the city of Minneapolis 
214.13  ~~constructed and owned by the commission and financed by the~~ 
214.14  ~~bonds of the council issued pursuant to sections 473.551 to~~ 
214.15  ~~473.595~~, including all real estate, buildings, improvements, and 
214.16  equipment in and on them. 
214.17     Sec. 9.  Minnesota Statutes 2000, section 473.556, 
214.18  subdivision 4, is amended to read: 
214.19     Subd. 4.  [EXEMPTION OF PROPERTY.] Any real or personal 
214.20  property acquired, owned, leased, controlled, used, or occupied 
214.21  by the successor to the commission for any of the purposes of 
214.22  sections 473.551 to 473.599 is declared to be acquired, owned, 
214.23  leased, controlled, used and occupied for public, governmental, 
214.24  and municipal purposes, and shall be exempt from ad valorem 
214.25  taxation by the state or any political subdivision of the state, 
214.26  provided that such properties shall be subject to special 
214.27  assessments levied by a political subdivision for a local 
214.28  improvement in amounts proportionate to and not exceeding the 
214.29  special benefit received by the properties from the 
214.30  improvement.  No possible use of any such properties in any 
214.31  manner different from their use under Minnesota Statutes 2000, 
214.32  sections 473.551 to 473.599 at the time shall be considered in 
214.33  determining the special benefit received by the properties.  ~~All~~ 
214.34  ~~assessments shall be subject to final confirmation by the~~ 
214.35  ~~council, whose determination of the benefits shall be conclusive~~ 
214.36  ~~upon the political subdivision levying the assessment.~~  
215.1   Notwithstanding the provisions of section 272.01, subdivision 2, 
215.2   or 273.19, real or personal property leased by the successor to 
215.3   the commission to another person for uses related to the 
215.4   purposes of sections 473.551 to 473.599, including the operation 
215.5   of the metrodome~~, met center, and, if acquired by the~~ 
215.6   ~~commission, the basketball and hockey arena~~ shall be exempt from 
215.7   taxation regardless of the length of the lease.  The provisions 
215.8   of this subdivision, insofar as they require exemption or 
215.9   special treatment, shall not apply to any real property 
215.10  comprising the met center which is leased by the successor to 
215.11  the commission for residential, business, or commercial 
215.12  development or other purposes different from those contemplated 
215.13  in sections 473.551 to 473.599. 
215.14     Sec. 10.  Minnesota Statutes 2000, section 473.556, 
215.15  subdivision 5, is amended to read: 
215.16     Subd. 5.  [FACILITY OPERATION.] The successor to the 
215.17  commission may equip, improve, operate, manage, maintain, and 
215.18  control the metrodome~~, met center, basketball and hockey arena~~ 
215.19  ~~and sports facilities constructed, remodeled, or acquired under~~ 
215.20  ~~the provisions of sections 473.551 to 473.599~~. 
215.21     Sec. 11.  Minnesota Statutes 2000, section 473.556, 
215.22  subdivision 6, is amended to read: 
215.23     Subd. 6.  [DISPOSITION OF PROPERTY.] ~~(a)~~ The successor to 
215.24  the commission may sell, lease, or otherwise dispose of any real 
215.25  or personal property acquired by it, or to which it succeeded 
215.26  under this article which is no longer required for 
215.27  accomplishment of its purposes.  The property shall be sold in 
215.28  accordance with the procedures provided by section 469.065, 
215.29  insofar as practical and consistent with sections 473.551 to 
215.30  473.599.  
215.31     ~~(b) The proceeds from the sale of any real property at the~~ 
215.32  ~~metropolitan sports area shall be paid to the council and used~~ 
215.33  ~~for debt service or retirement.~~ 
215.34     Sec. 12.  Minnesota Statutes 2000, section 473.556, 
215.35  subdivision 11, is amended to read: 
215.36     Subd. 11.  [AGREEMENTS WITH UNIVERSITY.] The successor to 
216.1   the commission and the board of regents of the University of 
216.2   Minnesota may enter into agreements and do all other acts 
216.3   necessary to further the functions prescribed in Minnesota 
216.4   Statutes 2000, sections 473.551 to 473.599. 
216.5      Sec. 13.  Minnesota Statutes 2000, section 473.556, 
216.6   subdivision 12, is amended to read: 
216.7      Subd. 12.  [USE AGREEMENTS.] The successor to the 
216.8   commission may lease, license, or enter into agreements and may 
216.9   fix, alter, charge, and collect rentals, fees, and charges to 
216.10  all persons for the use, occupation, and availability of part or 
216.11  all of any premises, property, or facilities under its 
216.12  ownership, operation, or control for purposes that will provide 
216.13  athletic, educational, cultural, commercial or other 
216.14  entertainment, instruction, or activity for the citizens of the 
216.15  metropolitan area.  Any such use agreement may provide that the 
216.16  other contracting party shall have exclusive use of the premises 
216.17  at the times agreed upon. 
216.18     Sec. 14.  Minnesota Statutes 2000, section 473.556, 
216.19  subdivision 14, is amended to read: 
216.20     Subd. 14.  [SMALL BUSINESS CONTRACTS.] In exercising its 
216.21  powers to contract for the purchase of services, materials, 
216.22  supplies, and equipment, pursuant to subdivisions 5, 7, 8 and 
216.23  10, the successor to the commission shall designate and set 
216.24  aside each fiscal year for awarding to small businesses 
216.25  approximately ten percent of the value of anticipated contracts 
216.26  and subcontracts of that kind for that year, in the manner 
216.27  required of the commissioner of administration for state 
216.28  procurement contracts pursuant to sections 16C.16 to 16C.19.  
216.29  The successor to the commission shall follow the rules 
216.30  promulgated by the commissioner of administration pursuant to 
216.31  section 16C.19, and shall submit reports of the kinds required 
216.32  of the commissioners of administration and economic development 
216.33  by section 16C.18. 
216.34     Sec. 15.  [BONDS AND CERTIFICATES.] 
216.35     Debt obligations authorized and issued under Minnesota 
216.36  Statutes, section 473.581, before the effective date of this 
217.1   article must be paid for and retired according to that section 
217.2   and the terms of those obligations and their bond indentures and 
217.3   trust agreements.  The metropolitan county auditors shall 
217.4   administer this section. 
217.5      Sec. 16.  [SUCCESSOR.] 
217.6      (a) Except as provided in paragraph (b), after negotiating 
217.7   with the commissioner of finance any appropriate additional 
217.8   terms and conditions not inconsistent with this article, the 
217.9   city of Minneapolis succeeds to all rights, title, and interests 
217.10  of the metropolitan sports facilities commission subject to this 
217.11  article and the additional terms and conditions negotiated 
217.12  pursuant to this article. 
217.13     (b) While the negotiations are pending, and thereafter if 
217.14  the city of Minneapolis does not accede to the succession as 
217.15  provided in this article before July 1, 2000, the Minnesota 
217.16  amateur sports commission is the successor to the metropolitan 
217.17  sports facilities commission under this article and Minnesota 
217.18  Statutes, section 15.039. 
217.19     Sec. 17.  [REPEALER.] 
217.20     Minnesota Statutes 2000, sections 473.551, subdivisions 2, 
217.21  3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, and 17; 473.552; 
217.22  473.553; 473.556, subdivisions 1, 2, 3, 7, 8, 9, 10, 13, 16, and 
217.23  17; 473.561; 473.564; 473.565; 473.572; 473.581; 473.592; 
217.24  473.595; 473.596; 473.598; and 473.599, are repealed. 
217.25     Sec. 18.  [EFFECTIVE DATE.] 
217.26     Sections 1 to 15 and 17 are effective July 1, 2002. 
217.27                             ARTICLE 6 
217.28       METROPOLITAN AIRPORTS COMMISSION CONFORMING AMENDMENTS
217.29     Section 1.  Minnesota Statutes 2000, section 473.192, 
217.30  subdivision 2, is amended to read: 
217.31     Subd. 2.  [DEFINITIONS.] For purposes of this section, 
217.32  "metropolitan area" has the meaning given it in section 473.121, 
217.33  subdivision 2.  "Aviation policy plan" means the plan adopted by 
217.34  the ~~metropolitan council~~ office of strategic and long-range 
217.35  planning pursuant to section 473.145.  "Municipality" has the 
217.36  meaning provided by section 462.352, subdivision 2. 
218.1      Sec. 2.  Minnesota Statutes 2000, section 473.192, 
218.2   subdivision 3, is amended to read: 
218.3      Subd. 3.  [ORDINANCE.] A municipality in the metropolitan 
218.4   area that, in part or in whole, is within the aircraft noise 
218.5   zones designated in the aviation policy plan may adopt and 
218.6   enforce ordinances and controls to regulate building 
218.7   construction methods and materials for the purpose of 
218.8   attenuating aircraft noise in habitable buildings in and around 
218.9   the noise zone.  The ordinance or control shall not apply to 
218.10  remodeling or rehabilitating an existing residential building 
218.11  nor to the construction of an appurtenance to an existing 
218.12  residential building.  An ordinance adopted by a municipality 
218.13  must be adequate to implement the ~~metropolitan council's~~ office 
218.14  of strategic and long-range planning's guidelines for land use 
218.15  compatibility with aircraft noise.  Section 16B.62 does not 
218.16  apply to ordinances adopted under this section. 
218.17     Sec. 3.  Minnesota Statutes 2000, section 473.601, is 
218.18  amended by adding a subdivision to read: 
218.19     Subd. 7.  [OFFICE OF STRATEGIC AND LONG-RANGE 
218.20  PLANNING.] "Office of strategic and long-range planning" or 
218.21  "office" means the agency established under section 4A.01. 
218.22     Sec. 4.  Minnesota Statutes 2000, section 473.602, is 
218.23  amended to read: 
218.24     473.602 [DECLARATION OF PURPOSES.] 
218.25     It is the purpose of sections 473.601 to 473.679 to: 
218.26     (1) promote the public welfare and national security; serve 
218.27  public interest, convenience, and necessity; promote air 
218.28  navigation and transportation, international, national, state, 
218.29  and local, in and through this state; promote the efficient, 
218.30  safe, and economical handling of air commerce; assure the 
218.31  inclusion of this state in national and international programs 
218.32  of air transportation; and to those ends to develop the full 
218.33  potentialities of the metropolitan area in this state as an 
218.34  aviation center, and to correlate that area with all aviation 
218.35  facilities in the entire state so as to provide for the most 
218.36  economical and effective use of aeronautic facilities and 
219.1   services in that area; 
219.2      (2) assure the residents of the metropolitan area of the 
219.3   minimum environmental impact from air navigation and 
219.4   transportation, and to that end provide for noise abatement, 
219.5   control of airport area land use, and other protective measures; 
219.6   and 
219.7      (3) promote the overall goals of the state's environmental 
219.8   policies and minimize the public's exposure to noise and safety 
219.9   hazards around airports. 
219.10     To achieve these purposes, the corporation shall cooperate 
219.11  with and assist the ~~metropolitan council~~ office of strategic and 
219.12  long-range planning, the federal government, the commissioner of 
219.13  transportation of this state, the pollution control agency, and 
219.14  others engaged in aeronautics or the promotion and regulation of 
219.15  aeronautics and shall seek to coordinate its activities with the 
219.16  aeronautical activities of these bodies. 
219.17     Sec. 5.  Minnesota Statutes 2000, section 473.604, 
219.18  subdivision 1, is amended to read: 
219.19     Subdivision 1.  [COMPOSITION.] The commission consists of: 
219.20     (1) the mayor of each of the cities, or a qualified voter 
219.21  appointed by the mayor, for the term of office as mayor; 
219.22     (2) eight members, appointed by the governor from each of 
219.23  the ~~following agency~~ commission districts~~:~~ 
219.24     ~~(i) district A, consisting of council districts 1 and 2;~~ 
219.25     ~~(ii) district B, consisting of council districts 3 and 4;~~ 
219.26     ~~(iii) district C, consisting of council districts 5 and 6;~~ 
219.27     ~~(iv) district D, consisting of council districts 7 and 8;~~ 
219.28     ~~(v) district E, consisting of council districts 9 and 10;~~ 
219.29     ~~(vi) district F, consisting of council districts 11 and 12;~~ 
219.30     ~~(vii) district G, consisting of council districts 13 and~~ 
219.31  ~~14; and~~ 
219.32     ~~(viii) district H, consisting of council districts 15 and~~ 
219.33  ~~16~~ provided for in section 473.5025, subdivision 3. 
219.34  Each member shall be a resident of the district represented.  
219.35  Before making an appointment, the governor shall consult with 
219.36  each member of the legislature from the district for which the 
220.1   member is to be appointed, to solicit the legislator's 
220.2   recommendation on the appointment; 
220.3      (3) four members appointed by the governor from outside of 
220.4   the metropolitan area to reflect fairly the various regions and 
220.5   interests throughout the state that are affected by the 
220.6   operation of the commission's major airport and airport system.  
220.7   Two of these members must be residents of statutory or home rule 
220.8   charter cities, towns, or counties containing an airport 
220.9   designated by the commissioner of transportation as a key 
220.10  airport.  The other two must be residents of statutory or home 
220.11  rule charter cities, towns, or counties containing an airport 
220.12  designated by the commissioner of transportation as an 
220.13  intermediate airport.  The members must be appointed by the 
220.14  governor as follows:  one for a term of one year, one for a term 
220.15  of two years, one for a term of three years, and one for a term 
220.16  of four years.  All of the terms start on July 1, 1989.  The 
220.17  successors of each member must be appointed to four-year terms 
220.18  commencing on the first Monday in January of each fourth year 
220.19  after the expiration of the original term.  Before making an 
220.20  appointment, the governor shall consult each member of the 
220.21  legislature representing the municipality or county from which 
220.22  the member is to be appointed, to solicit the legislator's 
220.23  recommendation on the appointment; and 
220.24     (4) a chair appointed by the governor for a term of four 
220.25  years.  The chair may be removed at the pleasure of the governor.
220.26     Sec. 6.  Minnesota Statutes 2000, section 473.608, 
220.27  subdivision 19, is amended to read: 
220.28     Subd. 19.  [ACOUSTICAL BARRIERS.] The corporation shall 
220.29  construct an acoustical barrier in or along the perimeter of 
220.30  maintenance areas of the Minneapolis-St. Paul International 
220.31  Airport.  It also shall construct acoustical barriers along the 
220.32  perimeter of runways of such airport where it is reasonably 
220.33  necessary, practical and safe to do so according to the 
220.34  standards of the Federal Aviation Administration.  All barriers 
220.35  shall conform to specifications approved by the pollution 
220.36  control agency.  For purposes of this subdivision, an acoustical 
221.1   barrier is a wall, fence, natural barrier such as an earthen 
221.2   barrier or trees designed to abate noise.  The corporation shall 
221.3   also confer and cooperate with any entity which it creates for 
221.4   the purpose of studying and implementing sound abatement 
221.5   programs and with representatives of persons residing in the 
221.6   vicinity of any airport who desire to explore means for 
221.7   relieving the area of the detrimental effects of aircraft noise. 
221.8      Notwithstanding the provisions of any other law none of the 
221.9   construction authorized by this subdivision shall be subject to 
221.10  review or approval by the ~~metropolitan council~~ office of 
221.11  strategic and long-range planning. 
221.12     Sec. 7.  Minnesota Statutes 2000, section 473.611, 
221.13  subdivision 5, is amended to read: 
221.14     Subd. 5.  [NEW OR EXISTING AIRPORTS.] Any long-term 
221.15  comprehensive plans adopted by the commission for the betterment 
221.16  and enlargement of existing airports, for the acquisition and 
221.17  construction of new airports, and for the categories of use of 
221.18  airports owned or controlled by the commission shall be 
221.19  consistent with the development guide of the ~~metropolitan~~ 
221.20  ~~council~~ office of strategic and long-range planning. 
221.21     Sec. 8.  Minnesota Statutes 2000, section 473.621, 
221.22  subdivision 6, is amended to read: 
221.23     Subd. 6.  [CAPITAL PROJECTS; REVIEW.] All Minneapolis-St. 
221.24  Paul International Airport capital projects of the commission 
221.25  requiring the expenditure of more than $5,000,000 shall be 
221.26  submitted to the ~~metropolitan council~~ office of strategic and 
221.27  long-range planning for review.  All other capital projects of 
221.28  the commission requiring the expenditure of more than $2,000,000 
221.29  shall be submitted to the ~~metropolitan council~~ office of 
221.30  strategic and long-range planning for review.  No such project 
221.31  that has a significant effect on the orderly and economic 
221.32  development of the metropolitan area may be commenced without 
221.33  the approval of the ~~metropolitan council~~ office of strategic and 
221.34  long-range planning.  In addition to any other criteria applied 
221.35  by the ~~metropolitan council~~ office in reviewing a proposed 
221.36  project, the ~~council~~ office shall not approve a proposed project 
222.1   unless the ~~council~~ office finds that the commission has 
222.2   completed a process intended to provide affected municipalities 
222.3   the opportunity for discussion and public participation in the 
222.4   commission's decision-making process.  An "affected 
222.5   municipality" is any municipality that (1) is adjacent to a 
222.6   commission airport, (2) is within the noise zone of a commission 
222.7   airport, as defined in the metropolitan development guide, or 
222.8   (3) has notified the commission's secretary that it considers 
222.9   itself an "affected municipality."  The ~~council~~ office must at a 
222.10  minimum determine that the commission: 
222.11     (a) provided adequate and timely notice of the proposed 
222.12  project to each affected municipality; 
222.13     (b) provided to each affected municipality a complete 
222.14  description of the proposed project; 
222.15     (c) provided to each affected municipality notices, 
222.16  agendas, and meeting minutes of all commission meetings, 
222.17  including advisory committee meetings, at which the proposed 
222.18  project was to be discussed or voted on in order to provide the 
222.19  municipalities the opportunity to solicit public comment and 
222.20  participate in the project development on an ongoing basis; and 
222.21     (d) considered the comments of each affected municipality. 
222.22     Sec. 9.  Minnesota Statutes 2000, section 473.638, is 
222.23  amended to read: 
222.24     473.638 [CONTROL MEASURE INVOLVING TAKING; CONDEMNATION BY 
222.25  MAC.] 
222.26     Subd. 2.  [RETENTION OR SALE OF PROPERTY.] The commission 
222.27  may retain any property now owned by it or acquired under 
222.28  subdivision 1 and use it for a lawful purpose, or it may provide 
222.29  for the sale or other disposition of the property in accordance 
222.30  with a redevelopment plan in the same manner and upon the same 
222.31  terms as the housing and redevelopment authority and governing 
222.32  body of a municipality under the provisions of section 469.029, 
222.33  all subject to existing land use and development control 
222.34  measures approved by the ~~council~~ office. 
222.35     Subd. 3.  [SHARING OF COSTS.] The metropolitan airports 
222.36  commission and any other government unit in the metropolitan 
223.1   area may enter into an agreement under which the cost of 
223.2   acquiring a property and the proceeds from the sale or other 
223.3   disposition of it under subdivision 2 are to be shared by the 
223.4   commission and such government unit.  The commission, the 
223.5   ~~metropolitan council~~ office, or any government unit may also 
223.6   enter into any agreements with the United States or the state of 
223.7   Minnesota, or any agency or subdivision of either, and do all 
223.8   acts and things required by state or federal law or rules as a 
223.9   condition or consideration for the loan or grant of funds or 
223.10  property for the purpose of land acquisition or improvement 
223.11  under subdivisions 1 and 2.  
223.12     Sec. 10.  Minnesota Statutes 2000, section 473.64, is 
223.13  amended to read: 
223.14     473.64 [GOVERNMENTS IN AIRPORT DEVELOPMENT AREA; TAX 
223.15  SHARING.] 
223.16     The governing bodies of government units located wholly or 
223.17  partly in an airport development area shall jointly study and 
223.18  decide upon a plan for the sharing of property tax revenues 
223.19  derived from property located in an airport development area.  
223.20  If 80 percent of the government units having territory within 
223.21  the airport development area agree upon a plan, the plan is 
223.22  effective, and all government units shall enter into whatever 
223.23  agreements may be necessary for this purpose.  The plan, 
223.24  however, may not impair the existing contract obligations of any 
223.25  government unit.  This section does not apply to the 
223.26  metropolitan airports commission ~~or the council~~.  
223.27     Sec. 11.  Minnesota Statutes 2000, section 473.655, is 
223.28  amended to read: 
223.29     473.655 [PUBLIC AND GOVERNMENTAL PURPOSES.] 
223.30     It is hereby determined and declared that the purposes of 
223.31  sections 473.601 to 473.679 are public and governmental; that 
223.32  the development of the metropolitan airports system by the 
223.33  corporation be consistent with the airport chapter of the 
223.34  metropolitan ~~council's~~ development guide and promote the public 
223.35  safety and welfare of the state; and that the development, 
223.36  extension, maintenance, and operation of the system in such a 
224.1   manner as to assure the residents of the metropolitan area of 
224.2   the minimum environmental impact from air navigation and 
224.3   transportation, with provision for noise abatement, control of 
224.4   airport area land use, and other protective measures, is 
224.5   essential to the development of air navigation and 
224.6   transportation in and through this state, and is necessary in 
224.7   order to assure the inclusion of this state in national and 
224.8   international systems of air transportation, benefits the people 
224.9   of the state as a whole, renders a general public service, and 
224.10  provides employment, and is of great public economic benefit.  
224.11     Sec. 12.  Minnesota Statutes 2000, section 473.667, 
224.12  subdivision 8, is amended to read: 
224.13     Subd. 8.  [REFUNDING DEFICIENCIES.] If in any year the 
224.14  revenues available for transfer to the debt service fund are or 
224.15  will in the judgment of the commission be insufficient to 
224.16  produce the balance required thereon on October 10 under the 
224.17  provisions of subdivision 4, or to make any interest or 
224.18  principal payment due on certificates of indebtedness issued 
224.19  under the provisions of subdivision 10, the commission may, with 
224.20  the approval of the ~~council~~ office, issue refunding bonds and 
224.21  appropriate the proceeds to the debt service fund in the amount 
224.22  needed to restore the deficiency, provided that the refunding 
224.23  bonds shall not mature earlier than the date or dates when the 
224.24  commission estimates that the revenues from enforced or 
224.25  increased rates, fees, charges, and rentals will be sufficient 
224.26  to pay them and to meet all other requirements of the debt 
224.27  service fund as stated in subdivision 4. 
224.28     Sec. 13.  [REPEALER.] 
224.29     Minnesota Statutes 2000, sections 473.616; 473.618; and 
224.30  473.619, are repealed. 
224.31     Sec. 14.  [EFFECTIVE DATE.] 
224.32     This article is effective July 1, 2002. 
224.33                             ARTICLE 7 
224.34              METROPOLITAN LAND USE PLANNING REPEALED 
224.35     Section 1.  [REPEALER.] 
224.36     Minnesota Statutes 2000, sections 473.1455; 473.175; 
225.1   473.181; 473.206; 473.208; 473.851; 473.852; 473.853; 473.854; 
225.2   473.856; 473.857; 473.858; 473.859; 473.86; 473.861; 473.862; 
225.3   473.863; 473.864; 473.865; 473.866; 473.867; 473.868; 473.869; 
225.4   473.87; and 473.871, are repealed. 
225.5      Sec. 2.  [EFFECTIVE DATE.] 
225.6      This article is effective July 1, 2002. 
225.7                              ARTICLE 8 
225.8                   HOUSING AND LIVABLE COMMUNITIES 
225.9      Section 1.  Minnesota Statutes 2000, section 473.25, is 
225.10  amended to read: 
225.11     473.25 [LIVABLE COMMUNITIES CRITERIA AND GUIDELINES.] 
225.12     (a) The ~~council~~ housing finance agency shall establish 
225.13  criteria for uses of the fund provided in section 473.251 that 
225.14  are consistent with and promote the purposes of this article and 
225.15  the policies of the metropolitan development guide ~~adopted by~~ 
225.16  ~~the council~~ including, but not limited to: 
225.17     (1) helping to change long-term market incentives that 
225.18  adversely impact creation and preservation of living-wage jobs 
225.19  in the fully developed area; 
225.20     (2) creating incentives for developing communities to 
225.21  include a full range of housing opportunities; 
225.22     (3) creating incentives to preserve and rehabilitate 
225.23  affordable housing in the fully developed area; and 
225.24     (4) creating incentives for all communities to implement 
225.25  compact and efficient development.  
225.26     (b) The ~~council~~ housing finance agency shall establish 
225.27  guidelines for the livable community demonstration account for 
225.28  projects that the ~~council~~ housing finance agency would consider 
225.29  funding with either grants or loans.  The guidelines must 
225.30  provide that the projects will: 
225.31     (1) interrelate development or redevelopment and transit; 
225.32     (2) interrelate affordable housing and employment growth 
225.33  areas; 
225.34     (3) intensify land use that leads to more compact 
225.35  development or redevelopment; 
225.36     (4) involve development or redevelopment that mixes incomes 
226.1   of residents in housing, including introducing or reintroducing 
226.2   higher value housing in lower income areas to achieve a mix of 
226.3   housing opportunities; or 
226.4      (5) encourage public infrastructure investments which 
226.5   connect urban neighborhoods and suburban communities, attract 
226.6   private sector redevelopment investment in commercial and 
226.7   residential properties adjacent to the public improvement, and 
226.8   provide project area residents with expanded opportunities for 
226.9   private sector employment. 
226.10     (c) The ~~council~~ housing finance agency shall establish 
226.11  guidelines governing who may apply for a grant or loan from the 
226.12  fund, providing priority for proposals using innovative 
226.13  partnerships between government, private for-profit, and 
226.14  nonprofit sectors. 
226.15     (d) The ~~council~~ housing finance agency shall prepare an 
226.16  annual plan for distribution of the fund based on the criteria 
226.17  for project and applicant selection.  
226.18     (e) The ~~council~~ housing finance agency shall prepare and 
226.19  submit to the legislature, as provided in section 3.195, an 
226.20  annual report on the metropolitan livable communities fund.  The 
226.21  report must include information on the amount of money in the 
226.22  fund, the amount distributed, to whom the funds were distributed 
226.23  and for what purposes, and an evaluation of the effectiveness of 
226.24  the projects funded in meeting the policies and goals of the 
226.25  council.  The report may make recommendations to the legislature 
226.26  on changes to Laws 1995, chapter 255. 
226.27     Sec. 2.  Minnesota Statutes 2000, section 473.251, is 
226.28  amended to read: 
226.29     473.251 [METROPOLITAN LIVABLE COMMUNITIES FUND.] 
226.30     The metropolitan livable communities fund is created and 
226.31  consists of the following accounts:  
226.32     (1) ~~the tax base revitalization account;~~ 
226.33     ~~(2)~~ the livable communities demonstration account; 
226.34     ~~(3)~~ (2) the local housing incentives account; and 
226.35     ~~(4)~~ (3) the inclusionary housing account. 
226.36     Sec. 3.  Minnesota Statutes 2000, section 473.253, is 
227.1   amended to read: 
227.2      473.253 [LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT.] 
227.3      Subdivision 1.  [SOURCES OF FUNDS.] The ~~council~~ Minnesota 
227.4   housing finance agency shall credit to the livable communities 
227.5   demonstration account the revenues provided in this 
227.6   subdivision.  This tax shall be levied and collected in the 
227.7   manner provided by section 473.13.  The levy shall not exceed 
227.8   the following amount ~~for the years specified~~:  
227.9      (a)~~(1) for taxes payable in 1996, 50 percent of (i) the~~ 
227.10  ~~metropolitan mosquito control commission's property tax levy for~~ 
227.11  ~~taxes payable in 1995 multiplied by (ii) an index for market~~ 
227.12  ~~valuation changes equal to the total market valuation of all~~ 
227.13  ~~taxable property located within the metropolitan area for the~~ 
227.14  ~~current taxes payable year divided by the total market valuation~~ 
227.15  ~~of all taxable property located in the metropolitan area for the~~ 
227.16  ~~previous taxes payable year; and~~ 
227.17     ~~(2) for taxes payable in 1997 and subsequent years,~~ The 
227.18  product of ~~(i)~~ (1) the property tax levy limit under this 
227.19  subdivision for the previous year multiplied by ~~(ii)~~ (2) an 
227.20  index for market valuation changes equal to the total market 
227.21  valuation of all taxable property located within the 
227.22  metropolitan area for the current taxes payable year divided by 
227.23  the total market valuation of all taxable property located in 
227.24  the metropolitan area for the previous taxes payable year. 
227.25     For the purposes of this subdivision, "total market 
227.26  valuation" means the total market valuation of all taxable 
227.27  property within the metropolitan area without valuation 
227.28  adjustments for fiscal disparities under chapter 473F, tax 
227.29  increment financing under sections 469.174 to 469.179, and high 
227.30  voltage transmission lines under section 273.425. 
227.31     (b) The metropolitan ~~council~~ area as defined in section 
227.32  473.121, subdivision 2, for the purposes of the fund, is 
227.33  considered a unique taxing jurisdiction for purposes of 
227.34  receiving aid pursuant to section 273.1398.  ~~For aid to be~~ 
227.35  ~~received in 1996, the fund's homestead and agricultural credit~~ 
227.36  ~~base shall equal 50 percent of the metropolitan mosquito control~~ 
228.1   ~~commission's certified homestead and agricultural credit aid for~~ 
228.2   ~~1995, determined under section 273.1398, subdivision 2, less any~~ 
228.3   ~~permanent aid reduction under section 477A.0132.~~  For aid to be 
228.4   received under section 273.1398 ~~in 1997 and subsequent years~~, 
228.5   the fund's homestead and agricultural credit base shall be 
228.6   determined in accordance with section 273.1398, subdivision 1. 
228.7      Subd. 2.  [DISTRIBUTION OF FUNDS.] The ~~council~~ housing 
228.8   finance agency shall use the funds in the livable communities 
228.9   demonstration account to make grants or loans to municipalities 
228.10  participating in the local housing incentives program under 
228.11  section 473.254 or to metropolitan area counties to fund the 
228.12  initiatives specified in section 473.25, paragraph (b), in 
228.13  participating municipalities. 
228.14     Sec. 4.  Minnesota Statutes 2000, section 473.254, is 
228.15  amended to read: 
228.16     473.254 [LOCAL HOUSING INCENTIVES ACCOUNT.] 
228.17     Subdivision 1.  [PARTICIPATION.] (a) By November 15 of each 
228.18  year, a municipality may elect to participate in the local 
228.19  housing incentive account program.  If a municipality does not 
228.20  elect to participate for the year, it is not subject to this 
228.21  section.  For purposes of this section, municipality means a 
228.22  municipality electing to participate in the local housing 
228.23  incentive account program, unless the context indicates 
228.24  otherwise. 
228.25     (b) A municipality that elects to participate may receive 
228.26  grants or loans from the ~~tax base revitalization account,~~ 
228.27  livable communities demonstration account~~,~~ or the local housing 
228.28  incentive account.  A municipality that does not participate is 
228.29  not eligible to receive a grant under sections 116J.551 to 
228.30  116J.557.  ~~The council, when making discretionary funding~~ 
228.31  ~~decisions, shall give consideration to a municipality's~~ 
228.32  ~~participation in the local housing incentives program.~~  
228.33     Subd. 2.  [AFFORDABLE, LIFE-CYCLE GOALS.] The ~~council~~ 
228.34  housing finance agency shall negotiate with each municipality to 
228.35  establish affordable and life-cycle housing goals for that 
228.36  municipality that are consistent with and promote the 
229.1   policies ~~of the metropolitan council as provided~~ in the ~~adopted~~ 
229.2   metropolitan development guide.  ~~The council shall adopt, by~~ 
229.3   ~~resolution after a public hearing, the negotiated affordable and~~ 
229.4   ~~life-cycle housing goals for each municipality by January 15,~~ 
229.5   ~~1996.  By June 30, 1996, each municipality shall identify to the~~ 
229.6   ~~council the actions it plans to take to meet the established~~ 
229.7   ~~housing goals.~~ 
229.8      Subd. 3.  [AFFORDABLE, LIFE-CYCLE OPPORTUNITIES AMOUNT.] 
229.9   (1) By July 1, 1996, each county assessor shall certify each 
229.10  municipality's average residential homestead limited market 
229.11  value for the 1994 assessment year, including the value of the 
229.12  farm house, garage, and one acre only in the case of farm 
229.13  homesteads, multiplied by a factor of two, as the municipality's 
229.14  "market value base amount."  For 1997 and thereafter, the 
229.15  "market value base amount" shall be equal to the product of (i) 
229.16  the market value base amount for the previous year multiplied by 
229.17  (ii) the annual average United States Consumer Price Index for 
229.18  all urban consumers, United States average, as determined by the 
229.19  United States Department of Labor, for the previous year divided 
229.20  by that annual average for the year before the previous year.  
229.21     (2) By July 1, 1996, and each succeeding year the county 
229.22  assessor shall determine which homesteads have market values in 
229.23  excess of the municipality's market value base amount and the 
229.24  county auditor shall certify the aggregate net tax capacity 
229.25  corresponding to the amount by which those homesteads' market 
229.26  values exceed the municipality's market value base amount as the 
229.27  "net tax capacity excess amount" for the assessment year 
229.28  corresponding to the current taxes payable year.  By July 1, 
229.29  1996, the county auditor shall also certify the net tax capacity 
229.30  excess amount for taxes payable in 1995. 
229.31     (3) By July 1, 1996, and each succeeding year, the county 
229.32  auditor shall also certify each municipality's local tax rate 
229.33  for the current taxes payable year. 
229.34     (4) By July 1, 1996, and each succeeding year, the county 
229.35  auditor shall certify for each municipality the amount equal to 
229.36  four percent of the municipality's current year total 
230.1   residential homestead tax capacity multiplied by the local tax 
230.2   rate. 
230.3      (5) By August 1~~, 1996, and~~ each ~~succeeding~~ year, the 
230.4   ~~metropolitan council~~ housing finance agency shall notify each 
230.5   municipality of its "affordable and life-cycle housing 
230.6   opportunities amount" for the following calendar year equal to 
230.7   the lesser of the amount certified under clause (4) or the 
230.8   amount, if any, by which the net tax capacity excess amount for 
230.9   the current year exceeds the amount for taxes payable in 1995, 
230.10  multiplied by the municipality's local tax rate certified in 
230.11  clause (3). 
230.12     Subd. 4.  [AFFORDABLE AND LIFE-CYCLE HOUSING REQUIREMENT.] 
230.13  (a) A municipality that is determined by the ~~council~~ housing 
230.14  finance agency to have met its affordable and life-cycle housing 
230.15  goals in the previous calendar year may retain the amount 
230.16  calculated under subdivision 3 to maintain existing affordable 
230.17  and life-cycle housing. 
230.18     (b) In 1998, and thereafter, a municipality that is 
230.19  determined by the ~~council~~ housing finance agency not to have met 
230.20  the affordable and life-cycle housing goals in the previous 
230.21  calendar year, as negotiated and agreed to with the ~~council~~ 
230.22  housing finance agency, and not to have spent 85 percent of its 
230.23  affordable and life-cycle housing opportunities amount to create 
230.24  affordable and life-cycle housing opportunities in the previous 
230.25  calendar year must do one of the following with the affordable 
230.26  and life-cycle housing opportunities amount for the previous 
230.27  year as determined under subdivision 3: 
230.28     (1) distribute it to the local housing incentives account; 
230.29  or 
230.30     (2) distribute it to the housing and redevelopment 
230.31  authority of the city or county in which the municipality is 
230.32  located to create affordable and life-cycle housing 
230.33  opportunities in the municipality. 
230.34     A municipality may enter into agreements with adjacent 
230.35  municipalities to cooperatively provide affordable and 
230.36  life-cycle housing.  The housing may be provided in any of the 
231.1   cooperating municipalities, but must meet the combined housing 
231.2   goals of each participating municipality. 
231.3      Subd. 5.  [SOURCES OF FUNDS.] (a) The ~~council~~ housing 
231.4   finance agency shall credit to the local housing incentives 
231.5   account any revenues derived from municipalities under 
231.6   subdivision 4, paragraph (b), clause (1). 
231.7      (b) ~~The council shall credit~~ There is credited $1,000,000 
231.8   of the proceeds of solid waste bonds issued by the former 
231.9   metropolitan council under Minnesota Statutes, section 473.831, 
231.10  before its repeal, to the local housing incentives account in 
231.11  the metropolitan livable communities fund.  In 1998 and each 
231.12  year thereafter, the ~~council shall~~ housing finance agency may 
231.13  credit up to $1,000,000 of ~~the~~ its other revenues ~~generated by~~ 
231.14  ~~the levy authorized in section 473.249~~ to the local housing 
231.15  incentives account. 
231.16     (c) In 1997, and each year thereafter, the ~~council~~ housing 
231.17  finance agency shall transfer $500,000 from the livable 
231.18  communities demonstration account to the local housing 
231.19  incentives account.  
231.20     Subd. 6.  [DISTRIBUTION OF FUNDS.] The funds in the account 
231.21  must be distributed annually by the ~~council~~ housing finance 
231.22  agency to municipalities that: 
231.23     (1) have not met their affordable and life-cycle housing 
231.24  goals as determined by the ~~council~~ housing finance agency; and 
231.25     (2) are actively funding projects designed to help meet the 
231.26  goals.  
231.27     The funds distributed by the ~~council~~ housing finance agency 
231.28  must be matched on a dollar-for-dollar basis by the municipality 
231.29  receiving the funds.  When distributing funds in the account, 
231.30  the ~~council~~ housing finance agency must give priority to those 
231.31  municipalities that (1) have contribution net tax capacities 
231.32  that exceed their distribution net tax capacities by more than 
231.33  $200 per household, (2) demonstrate the proposed project will 
231.34  link employment opportunities with affordable and life-cycle 
231.35  housing, and (3) provide matching funds from a source other than 
231.36  the required amount under subdivision 3.  For the purposes of 
232.1   this subdivision, "municipality" means a statutory or home rule 
232.2   charter city or town in the metropolitan area. 
232.3      Subd. 7.  [REPORT TO ~~COUNCIL~~ AGENCY.] Beginning January 15, 
232.4   1998, and annually thereafter, each municipality must report to 
232.5   the ~~council~~ housing finance agency the following: 
232.6      (1) the tax revenues defined in subdivision 3 that were 
232.7   levied in the prior year; 
232.8      (2) the portion of the revenues that were spent on meeting 
232.9   the municipality's affordable and life-cycle housing goals; and 
232.10     (3) information on how the expenditures directly support 
232.11  the municipality's efforts to meet its affordable and life-cycle 
232.12  housing goals. 
232.13     The ~~council~~ housing finance agency shall verify each 
232.14  municipality's compliance with this subdivision. 
232.15     Subd. 8.  [LATER ELECTION TO PARTICIPATE.] If a 
232.16  municipality did not participate for one or more years and 
232.17  elects later to participate, the municipality must establish 
232.18  that it has spent or agrees to spend on affordable and 
232.19  life-cycle housing, or agrees to distribute to the local housing 
232.20  incentives account, an amount equivalent to what it would have 
232.21  spent on affordable and life-cycle housing had goals been 
232.22  established under this section for the period in which it was 
232.23  not participating.  The ~~council~~ housing finance agency will 
232.24  determine which investments count toward the required cumulative 
232.25  investment amount by comparing the municipality to participating 
232.26  municipalities similar in terms of stage of development and 
232.27  demographics.  If it determines it to be in the best interests 
232.28  of the region, the ~~council~~ housing finance agency may waive a 
232.29  reasonable portion of the cumulative investment amount.  
232.30     Subd. 9.  [REPORT TO LEGISLATURE.] By February 1 of each 
232.31  year, the ~~council~~ housing finance agency must report to the 
232.32  legislature the municipalities that have elected to participate 
232.33  and not to participate under subdivision 1.  This report must be 
232.34  filed as provided in section 3.195. 
232.35     Subd. 10.  [METRO REPORT CARD.] The ~~metropolitan~~ 
232.36  ~~council~~ housing finance agency shall present to the legislature 
233.1   and release to the public by November 15, 1996, and each year 
233.2   thereafter a comprehensive report card on affordable and 
233.3   life-cycle housing in each municipality in the metropolitan 
233.4   area.  The report card must include information on government, 
233.5   nonprofit, and marketplace efforts. 
233.6      Sec. 5.  Minnesota Statutes 2000, section 473.255, is 
233.7   amended to read: 
233.8      473.255 [INCLUSIONARY HOUSING ACCOUNT.] 
233.9      Subdivision 1.  [DEFINITIONS.] (a) "Inclusionary housing 
233.10  development" means a new construction development, including 
233.11  owner-occupied or rental housing, or a combination of both, with 
233.12  a variety of prices and designs which serve families with a 
233.13  range of incomes and housing needs. 
233.14     (b) "Municipality" means a statutory or home rule charter 
233.15  city or town participating in the local housing incentives 
233.16  program under section 473.254. 
233.17     Subd. 2.  [APPLICATION CRITERIA.] The ~~metropolitan~~ 
233.18  ~~council~~ housing finance agency must give preference to 
233.19  economically viable proposals to the degree that they:  (1) use 
233.20  innovative building techniques or materials to lower 
233.21  construction costs while maintaining high quality construction 
233.22  and livability; (2) are located in communities that have 
233.23  demonstrated a willingness to waive local restrictions which 
233.24  otherwise would increase costs of construction; and (3) include 
233.25  units affordable to households with incomes at or below 80 
233.26  percent of area median income. 
233.27     Priority shall be given to proposals where at least 15 
233.28  percent of the owner-occupied units are affordable to households 
233.29  at or below 60 percent of the area annual median income and at 
233.30  least ten percent of the rental units are affordable to 
233.31  households at or below 30 percent of area annual median income. 
233.32     An inclusionary housing development may include resale 
233.33  limitations on its affordable units.  The limitations may 
233.34  include a minimum ownership period before a purchaser may profit 
233.35  on the sale of an affordable unit. 
233.36     Cost savings from regulatory incentives must be reflected 
234.1   in the sale of all residences in an inclusionary development. 
234.2      Subd. 3.  [INCLUSIONARY HOUSING INCENTIVES.] The 
234.3   ~~metropolitan council~~ housing finance agency may work with 
234.4   municipalities and developers to provide incentives to 
234.5   inclusionary housing developments such as waiver of service 
234.6   availability charges and other regulatory incentives that would 
234.7   result in identifiable cost avoidance or reductions for an 
234.8   inclusionary housing development. 
234.9      Subd. 4.  [INCLUSIONARY HOUSING GRANTS.] The ~~council~~ 
234.10  housing finance agency shall use funds in the inclusionary 
234.11  housing account to make grants or loans to municipalities to 
234.12  fund the production of inclusionary housing developments that 
234.13  are located in municipalities that offer incentives to assist in 
234.14  the production of inclusionary housing.  Such incentives include 
234.15  but are not limited to:  density bonuses, reduced setbacks and 
234.16  parking requirements, decreased ~~roadwidths~~ road widths, 
234.17  flexibility in site development standards and zoning code 
234.18  requirements, waiver of permit or impact fees, fast-track 
234.19  permitting and approvals, or any other regulatory incentives 
234.20  that would result in identifiable cost avoidance or reductions 
234.21  that contribute to the economic feasibility of inclusionary 
234.22  housing. 
234.23     Subd. 5.  [GRANT APPLICATION.] A grant application must at 
234.24  a minimum include the location of the inclusionary development, 
234.25  the type of housing to be produced, the number of affordable 
234.26  units to be produced, the monthly rent, or purchase price of the 
234.27  affordable units, and the incentives provided by the 
234.28  municipality to achieve development of the affordable units. 
234.29     Sec. 6.  [HOUSING BOND CREDIT ENHANCEMENT PROGRAM 
234.30  ADMINISTRATION.] 
234.31     The Minnesota housing finance agency and the metropolitan 
234.32  council shall prepare legislation for the 2001 legislative 
234.33  session to provide for administration of the housing bond credit 
234.34  enhancement program authorized under Minnesota Statutes, section 
234.35  473.197. 
234.36     Sec. 7.  [TRANSFER TO MINNESOTA HOUSING FINANCE AGENCY.] 
235.1      Assets, appropriations, and other financial or other types 
235.2   of records related to the metropolitan livable communities fund 
235.3   are transferred to the Minnesota housing finance agency for the 
235.4   purposes of this article. 
235.5      Sec. 8.  [REPEALER.] 
235.6      Minnesota Statutes 2000, sections 473.194; 473.195; 
235.7   473.197; 473.199; 473.201; and 473.252, are repealed. 
235.8      Sec. 9.  [EFFECTIVE DATE.] 
235.9      Sections 1 to 5, 7, and 8 are effective July 1, 2002.  
235.10  Section 6 is effective the day following final enactment.  
235.11                             ARTICLE 9 
235.12               METROPOLITAN AREA PUBLIC SAFETY RADIO 
235.13     Section 1.  Minnesota Statutes 2000, section 473.891, 
235.14  subdivision 2, is amended to read: 
235.15     Subd. 2.  [~~BOARD~~ COMMISSIONER.] ~~"Board" or "radio~~ 
235.16  ~~board"~~ "Commissioner" means the ~~metropolitan radio~~ 
235.17  ~~board~~ commissioner of transportation. 
235.18     Sec. 2.  Minnesota Statutes 2000, section 473.891, 
235.19  subdivision 7, is amended to read: 
235.20     Subd. 7.  [PLAN.] "Plan" or "regionwide public safety radio 
235.21  system communication plan" means the plan ~~adopted by the~~ 
235.22  ~~metropolitan radio board for a regionwide public safety radio~~ 
235.23  ~~communications system~~ described in section 473.894, subdivision 
235.24  2.  
235.25     Sec. 3.  Minnesota Statutes 2000, section 473.894, 
235.26  subdivision 1, is amended to read: 
235.27     Subdivision 1.  [GENERAL.] The ~~board~~ commissioner has the 
235.28  powers necessary and convenient to discharge the duties imposed 
235.29  on ~~it~~ the commissioner by law, including those listed in this 
235.30  section.  
235.31     Sec. 4.  Minnesota Statutes 2000, section 473.894, 
235.32  subdivision 2, is amended to read: 
235.33     Subd. 2.  [~~PLANNING~~ PLAN.] The ~~board shall review and,~~ 
235.34  ~~within 90 days of the effective date of Laws 1995, chapter 195,~~ 
235.35  ~~adopt the~~ regionwide public safety radio system communication 
235.36  plan ~~prepared by the metropolitan radio systems planning~~ 
236.1   ~~committee pursuant to Laws 1993, chapter 313, section 3,~~ 
236.2   ~~subdivision 2~~ adopted by the commissioner, for using the 800 
236.3   megahertz and other frequencies available for public safety 
236.4   use~~.  The plan~~ must include, at a minimum:  
236.5      (1) a system design ~~recommended by the Minnesota~~ 
236.6   ~~commissioner of transportation~~ for the first phase consisting of 
236.7   a shared regionwide infrastructure network; 
236.8      (2) a system design for subsequent phases; and 
236.9      (3) a plan for assignment of frequencies to the regional 
236.10  network and to each subsystem.  
236.11  ~~No later than 30 days prior to adoption of the plan by the~~ 
236.12  ~~board, the board shall submit the plan to the metropolitan~~ 
236.13  ~~council for review in accordance with section 473.165, clause~~ 
236.14  ~~(1).  The council may make comments to the board about the plan~~ 
236.15  ~~in accordance with section 473.165, clause (2), except that the~~ 
236.16  ~~deadline for comments shall be made within 30 days after~~ 
236.17  ~~submission of the plan to the council.~~ 
236.18     ~~If, within the 30-day review period, the council has made~~ 
236.19  ~~no comment on the plan or has made no findings as provided in~~ 
236.20  ~~section 473.165, clause (2), the plan shall go into effect as of~~ 
236.21  ~~the date of adoption by the board.~~ 
236.22     ~~If, within the 30-day review period, the council has made~~ 
236.23  ~~findings as provided in section 473.165, clause (2), the board~~ 
236.24  ~~and the council shall follow the procedure provided in section~~ 
236.25  ~~473.165, clause (2).  The board may adopt revisions to the plan~~ 
236.26  ~~in the same manner as is provided in this subdivision for~~ 
236.27  ~~adoption of the plan.~~  
236.28     Sec. 5.  Minnesota Statutes 2000, section 473.894, 
236.29  subdivision 3, is amended to read: 
236.30     Subd. 3.  [APPLICATION TO FCC.] ~~Within 180 days from~~ 
236.31  ~~adoption of the regionwide public safety radio system~~ 
236.32  ~~communication plan~~ The commissioner ~~of transportation~~, on behalf 
236.33  of the state of Minnesota, shall use the plan adopted ~~by the~~ 
236.34  ~~board~~ under subdivision 2 to submit an extended implementation 
236.35  application to the Federal Communications Commission (FCC) for 
236.36  the NPSPAC channels and other public safety frequencies 
237.1   available for use in the metropolitan area and necessary to 
237.2   implement the plan.  Local governments and all other public or 
237.3   private entities eligible under part 90 of the FCC rules shall 
237.4   not apply for public safety channels in the 821 to 824 and 866 
237.5   to 869 megahertz bands for use within the metropolitan counties 
237.6   until the FCC takes final action on the regional application 
237.7   submitted under this section.  Exceptions to the restrictions on 
237.8   the application for the NPSPAC channels may be granted by the 
237.9   ~~radio board~~ commissioner.  The Minnesota department of 
237.10  transportation shall hold the master system licenses for all 
237.11  public safety frequencies assigned to the first phase under 
237.12  the ~~board's~~ plan and these channels shall be used for the 
237.13  implementation of the plan.  The radio board shall hold the 
237.14  master system licenses for the public safety frequencies 
237.15  assigned to local government subsystems under the board's plan 
237.16  and these channels shall be used for implementation of the 
237.17  plan.  Upon approval by the board of a local government's 
237.18  subsystem plan and evidence of a signed contract with a vendor 
237.19  for construction of a subsystem consistent with the board's 
237.20  system plan, the board shall apply to the FCC to transfer to the 
237.21  local government the licenses for the public safety frequencies 
237.22  assigned by the plan for use in the network infrastructure owned 
237.23  by the local government.  The radio board, the commissioner of 
237.24  Minnesota department of transportation, and local subsystem 
237.25  owners shall jointly colicense all subscriber equipment for the 
237.26  backbone system. 
237.27     Sec. 6.  Minnesota Statutes 2000, section 473.894, 
237.28  subdivision 4, is amended to read: 
237.29     Subd. 4.  [PLAN IMPLEMENTATION.] The ~~board~~ commissioner 
237.30  shall supervise the implementation of the regionwide public 
237.31  safety radio system communication plan adopted under subdivision 
237.32  2 and must ensure that the system is built, owned, operated, and 
237.33  maintained in accordance with the plan.  The ~~board~~ commissioner 
237.34  will work with the region 22 NPSPAC committee to incorporate the 
237.35  ~~board's~~ commissioner's adopted plan into federal communication 
237.36  system regulations. 
238.1      Sec. 7.  Minnesota Statutes 2000, section 473.894, 
238.2   subdivision 5, is amended to read: 
238.3      Subd. 5.  [REQUIRED MINIMUM LEVEL OF SERVICE FOR LOCAL 
238.4   GOVERNMENTS.] Subject to system capacity and channel 
238.5   availability, the ~~board~~ commissioner shall ensure that all local 
238.6   governments, quasi-public service operations, and private 
238.7   entities in the metropolitan counties that are eligible to use 
238.8   radio frequencies reserved for public safety use have adequate 
238.9   communications capacity and intercommunications capability.  
238.10     Sec. 8.  Minnesota Statutes 2000, section 473.894, 
238.11  subdivision 6, is amended to read: 
238.12     Subd. 6.  [BACKBONE AND SUBSYSTEMS.] In the regionwide 
238.13  public safety radio system communication plan, the ~~board~~ 
238.14  commissioner shall define the backbone consistent with ~~the~~ 
238.15  ~~recommendations made by the commissioner of transportation and~~ 
238.16  the subsystems of the system, the timing and phasing of system 
238.17  development, the geographic scope of the system, the timing and 
238.18  extent of participation in the system including participation by 
238.19  additional entities, and standards for system performance.  
238.20  System performance standards shall be developed ~~in consultation~~ 
238.21  ~~with~~ by the commissioner ~~of transportation~~.  The initial 
238.22  backbone shall serve state and regional agencies and shall 
238.23  include capabilities for regionwide mutual aid and emergency 
238.24  medical services communications and potentially provide 
238.25  alternative routing for 911 services.  
238.26     Sec. 9.  Minnesota Statutes 2000, section 473.894, 
238.27  subdivision 7, is amended to read: 
238.28     Subd. 7.  [EXISTING CHANNEL ALLOCATION.] The ~~board~~ 
238.29  commissioner shall coordinate allocation of existing radio 
238.30  channels made available to the ~~board~~ commissioner by conversion 
238.31  to 800 megahertz or other public safety frequencies.  
238.32     Sec. 10.  Minnesota Statutes 2000, section 473.894, 
238.33  subdivision 8, is amended to read: 
238.34     Subd. 8.  [COST APPORTIONMENT.] The ~~board~~ commissioner 
238.35  shall determine how capital, operating, and administrative costs 
238.36  of the first phase system will be spread across users of the 
239.1   regionwide public safety radio communication system, including 
239.2   costs for additional participants. 
239.3      Sec. 11.  Minnesota Statutes 2000, section 473.894, 
239.4   subdivision 9, is amended to read: 
239.5      Subd. 9.  [EXCESS CAPACITY ALLOCATION.] The ~~board~~ 
239.6   commissioner shall determine how excess capacity provided in the 
239.7   initial system design in the regionwide public safety radio 
239.8   communication system will be allocated. 
239.9      Sec. 12.  Minnesota Statutes 2000, section 473.894, 
239.10  subdivision 10, is amended to read: 
239.11     Subd. 10.  [SYSTEM ENHANCEMENT REGULATION.] The ~~board~~ 
239.12  commissioner shall determine the extent to which local 
239.13  governments, quasi-public service corporations, and private 
239.14  entities eligible to use the system may provide system 
239.15  enhancements at their own direct expense. 
239.16     Sec. 13.  Minnesota Statutes 2000, section 473.894, 
239.17  subdivision 11, is amended to read: 
239.18     Subd. 11.  [STANDARDS.] The ~~board~~ commissioner is 
239.19  authorized to set or adopt performance and technical standards 
239.20  for operation of the backbone and subsystems and may modify 
239.21  standards as necessary to meet changing needs. 
239.22     Sec. 14.  Minnesota Statutes 2000, section 473.894, 
239.23  subdivision 12, is amended to read: 
239.24     Subd. 12.  [USE PRIORITIES.] The ~~board~~ commissioner shall 
239.25  establish priorities or protocols for use of the system.  
239.26     Sec. 15.  Minnesota Statutes 2000, section 473.894, 
239.27  subdivision 13, is amended to read: 
239.28     Subd. 13.  [FIRST PHASE CONSTRUCTION.] ~~In order to~~ 
239.29  ~~implement the first phase backbone, the board shall contract~~ 
239.30  ~~with the state of Minnesota, through the commissioner of~~ 
239.31  ~~transportation for construction, ownership, operation,~~ 
239.32  ~~maintenance, and enhancement of these elements of the first~~ 
239.33  ~~phase backbone as defined in the plan.~~  The commissioner, under 
239.34  appropriate state law, shall contract for, or procure by 
239.35  purchase or lease, (including joint purchase and lease 
239.36  agreements), construction, installation of materials, supplies 
240.1   and equipment, and other services as may be needed to build, 
240.2   operate, and maintain the first phase system network.  ~~In~~ 
240.3   ~~accordance with the terms of the contract entered into with the~~ 
240.4   ~~radio board under this subdivision,~~ The department of 
240.5   transportation will own, operate, and maintain those elements 
240.6   identified ~~by the radio board~~ in the plan as the first phase.  
240.7   The state will finance and pay for its share of the first phase. 
240.8      Sec. 16.  Minnesota Statutes 2000, section 473.894, 
240.9   subdivision 15, is amended to read: 
240.10     Subd. 15.  [SYSTEM USE BY NONGOVERNMENTAL ENTITIES.] 
240.11  The ~~board~~ commissioner may contract with entities in the 
240.12  metropolitan counties eligible to use the public safety channels 
240.13  other than local governments, to provide them with public safety 
240.14  radio communication service.  The ~~board~~ commissioner may 
240.15  contract with eligible jurisdictions and entities outside the 
240.16  metropolitan counties for inclusion in the regionwide public 
240.17  safety radio communication system.  
240.18     Sec. 17.  Minnesota Statutes 2000, section 473.894, 
240.19  subdivision 19, is amended to read: 
240.20     Subd. 19.  [USER FEES.] In accordance with the plan 
240.21  authorized in subdivision 2, the ~~board~~ commissioner may 
240.22  establish and impose user fees on entities using the first phase 
240.23  system to cover the ~~board's~~ costs of implementing the plan and 
240.24  the costs of operating the first phase system in the 
240.25  metropolitan area.  ~~The metropolitan council will collect the~~ 
240.26  ~~user fees.~~  
240.27     Sec. 18.  Minnesota Statutes 2000, section 473.894, 
240.28  subdivision 20, is amended to read: 
240.29     Subd. 20.  [TECHNICAL OPERATIONS COMMITTEE.] The ~~board~~ 
240.30  commissioner shall establish a technical operations committee 
240.31  composed of representatives of the following functional 
240.32  categories to advise ~~it~~ the commissioner in carrying out ~~its~~ the 
240.33  purposes of sections 473.891 to 473.905:  
240.34     (1) Minnesota department of public safety; 
240.35     (2) Minnesota department of transportation; 
240.36     (3) sheriffs; 
241.1      (4) police; 
241.2      (5) fire protection; 
241.3      (6) emergency medical service; 
241.4      (7) public works; 
241.5      (8) civil defense; 
241.6      (9) metro 911 telephone board; 
241.7      (10) entities using 800 megahertz prior to initiation of 
241.8   the regional system; 
241.9      (11) managers or purchasing agents possessing expertise 
241.10  from a general perspective; 
241.11     (12) representatives of local units of government; and 
241.12     (13) regionwide public safety radio communication system 
241.13  users. 
241.14  The members of the technical operations committee serve without 
241.15  compensation.  ~~The chair of the technical operations committee~~ 
241.16  ~~is an ex officio member of the radio board.~~ 
241.17     Sec. 19.  Minnesota Statutes 2000, section 473.894, 
241.18  subdivision 21, is amended to read: 
241.19     Subd. 21.  [CONTRACTS.] The ~~board~~ commissioner may enter 
241.20  into contracts necessary to carry out its responsibilities under 
241.21  sections 473.891 to 473.905.  
241.22     Sec. 20.  Minnesota Statutes 2000, section 473.894, 
241.23  subdivision 22, is amended to read: 
241.24     Subd. 22.  [PROPERTY.] The ~~board~~ commissioner may acquire 
241.25  by purchase, lease, gift, or grant, property, both real and 
241.26  personal, and interests in property necessary for the 
241.27  accomplishment of ~~its~~ the purposes of sections 473.891 to 
241.28  473.905 and may sell or otherwise dispose of property which ~~it~~ 
241.29  is no longer ~~requires~~ required.  
241.30     Sec. 21.  Minnesota Statutes 2000, section 473.894, 
241.31  subdivision 23, is amended to read: 
241.32     Subd. 23.  [GIFTS; GRANTS.] The ~~board~~ commissioner may 
241.33  apply for, accept, and disburse gifts, grants, or loans from the 
241.34  United States, the state, or from any person for any of ~~its~~ the 
241.35  purposes of sections 473.891 to 473.905.  ~~It~~ The commissioner 
241.36  may enter into an agreement required for the gifts, grants, or 
242.1   loans and may hold, use, and dispose of money or property 
242.2   received according to the terms of the gift, grant, or loan.  
242.3      Sec. 22.  Minnesota Statutes 2000, section 473.894, 
242.4   subdivision 24, is amended to read: 
242.5      Subd. 24.  [AUTHORITY TO LITIGATE.] The ~~board~~ commissioner 
242.6   may sue and be sued.  
242.7      Sec. 23.  Minnesota Statutes 2000, section 473.897, 
242.8   subdivision 1, is amended to read: 
242.9      Subdivision 1.  [BUDGET PREPARATION; REVIEW AND APPROVAL.] 
242.10  The ~~board~~ commissioner shall prepare a proposed budget by August 
242.11  1 of each year.  The budget shall include operating revenues and 
242.12  expenditures for operation, administration, and maintenance.  In 
242.13  addition, the budget must show for each fiscal year of the state 
242.14  biennium: 
242.15     (1) the estimated operating revenues from all sources 
242.16  including funds on hand at the beginning of the year, and 
242.17  estimated expenditures for costs of operation, administration, 
242.18  maintenance, and debt service; 
242.19     (2) capital improvement funds estimated to be on hand at 
242.20  the beginning of the year and estimated to be received during 
242.21  the year from all sources and estimated cost of capital 
242.22  improvements to be paid out or expended during the year~~, all in~~ 
242.23  ~~such detail and form as the council may prescribe~~; and 
242.24     (3) the estimated source and use of pass-through funds. 
242.25     As early as practicable before August 15 of each year, the 
242.26  ~~board~~ commissioner shall hold a public hearing on a draft of the 
242.27  proposed budget.  Along with the draft, the ~~board~~ commissioner 
242.28  shall publish a report on user charges.  The report must include 
242.29  an estimated analysis of the changes in user charges, rates, and 
242.30  fees that will be required by the ~~board's~~ commissioner's 
242.31  budget.  Not less than 14 days before the hearing, the ~~board~~ 
242.32  commissioner shall publish notice of the hearing in a newspaper 
242.33  having general circulation in the metropolitan area, stating the 
242.34  date, time, and place of hearing, and the place where the 
242.35  proposed budget and report on user charges may be examined by 
242.36  any interested person.  
243.1      Following the hearing, the ~~board~~ commissioner shall publish 
243.2   a report of the hearing that summarizes the comments received 
243.3   and ~~board's~~ commissioner's response.  ~~The council shall approve~~ 
243.4   ~~or disapprove the entire budget by October 1 of each year.  The~~ 
243.5   ~~council may disapprove only if the budget does not have adequate~~ 
243.6   ~~reserves to meet debt service.  If the council disapproves the~~ 
243.7   ~~budget in accordance with this subdivision, the board shall, by~~ 
243.8   ~~November 1, resubmit to the council for approval, a budget which~~ 
243.9   ~~meets the requirements for council approval as provided in this~~ 
243.10  ~~subdivision.  The council shall approve or disapprove the entire~~ 
243.11  ~~resubmitted budget by December 1.~~  
243.12     Before December 15 of each year, the ~~board~~ commissioner 
243.13  shall~~, by resolution,~~ adopt a final budget.  ~~The board shall~~ 
243.14  ~~file its final budget with the council on or before December 20~~ 
243.15  ~~of each year.~~  The ~~council~~ commissioner shall file the budgets 
243.16  with the secretary of the senate and the clerk of the house of 
243.17  representatives not later than January 1 of each year.  ~~Before~~ 
243.18  ~~adoption, the board must submit any budget amendment which would~~ 
243.19  ~~affect debt service reserves to the council for review.  The~~ 
243.20  ~~council has 15 days to approve or disapprove the amendment.  The~~ 
243.21  ~~council shall disapprove the budget amendment only if the budget~~ 
243.22  ~~does not have adequate reserves to meet debt service.~~ 
243.23     ~~Except in an emergency, for which procedures must be~~ 
243.24  ~~established by the board, the board and its officers, agents,~~ 
243.25  ~~and employees may not spend money for any purpose, other than~~ 
243.26  ~~debt service, without an appropriation by the board, and no~~ 
243.27  ~~obligation to make such an expenditure shall be enforceable~~ 
243.28  ~~except as the obligation of the person or persons incurring it.~~  
243.29  ~~The creation of any debt obligation or the receipt of any~~ 
243.30  ~~federal or state grant is a sufficient appropriation of the~~ 
243.31  ~~proceeds for the purpose for which it is authorized, and of the~~ 
243.32  ~~tax or other revenues pledged to pay the obligation and interest~~ 
243.33  ~~on it whether or not specifically included in any annual budget.~~ 
243.34  ~~After obtaining the approval of the council, the board may amend~~ 
243.35  ~~the budget at any time by transferring any appropriation from~~ 
243.36  ~~one purpose to another, except appropriations of the proceeds of~~ 
244.1   ~~bonds issued for a specific purpose.  The council shall~~ 
244.2   ~~disapprove only if the amended budget does not have adequate~~ 
244.3   ~~reserves to meet debt service.~~ 
244.4      Sec. 24.  Minnesota Statutes 2000, section 473.897, 
244.5   subdivision 2, is amended to read: 
244.6      Subd. 2.  [PROGRAM EVALUATION.] The budget procedure of the 
244.7   ~~board~~ commissioner must include a substantive assessment and 
244.8   evaluation of the effectiveness of each significant part of the 
244.9   regionwide public safety radio communication system 
244.10  implementation plan ~~adopted by the board~~ with, to the extent 
244.11  possible, quantitative information on the status, progress, 
244.12  costs, benefits, and effects of each program.  
244.13     ~~The board shall transmit the evaluation to the metropolitan~~ 
244.14  ~~council annually.~~ 
244.15     Sec. 25.  Minnesota Statutes 2000, section 473.897, 
244.16  subdivision 4, is amended to read: 
244.17     Subd. 4.  [RESALE OF SERVICES OR CAPACITY PROHIBITED.] 
244.18  Neither the ~~council, the board, or~~ commissioner nor any local 
244.19  government unit may resell any service or capacity of this 
244.20  system to a nonpublic entity, except for those private entities 
244.21  eligible to hold Federal Communications Commission licenses in 
244.22  the public safety and special emergency radio services, as 
244.23  defined in the Code of Federal Regulations, title 47, part 90 
244.24  (1994). 
244.25     Sec. 26.  Minnesota Statutes 2000, section 473.901, 
244.26  subdivision 2, is amended to read: 
244.27     Subd. 2.  [ANNUAL BUDGET ~~OF RADIO BOARD~~.] The ~~metropolitan~~ 
244.28  ~~council~~ commissioner shall transmit the annual ~~budget of the~~ 
244.29  ~~radio board~~ costs, defined in subdivision 1, to the commissioner 
244.30  of administration no later than December 15 of each year.  The 
244.31  commissioner of administration shall include eligible costs for 
244.32  the regionwide public safety communication system in its request 
244.33  for legislative appropriations from the 911 emergency telephone 
244.34  service fee account.  ~~All eligible costs approved by the radio~~ 
244.35  ~~board shall be included in the commissioner of administration's~~ 
244.36  ~~appropriation request.~~  
245.1      Sec. 27.  Minnesota Statutes 2000, section 473.901, 
245.2   subdivision 3, is amended to read: 
245.3      Subd. 3.  [APPROPRIATION TRANSFERS.] Each month, before the 
245.4   25th day of the month, the commissioner of administration shall 
245.5   transmit to the ~~metropolitan council~~ commissioner 1/12 of its 
245.6   total approved appropriation for the regionwide public safety 
245.7   communication system. 
245.8      Sec. 28.  Minnesota Statutes 2000, section 473.902, 
245.9   subdivision 1, is amended to read: 
245.10     Subdivision 1.  [ALLOCATION OF OPERATING COSTS.] The 
245.11  current costs of the ~~board~~ commissioner in implementing 
245.12  regionwide public safety radio communication plan system and the 
245.13  first phase system shall be allocated among and paid by the 
245.14  following users, all in accordance with the regionwide public 
245.15  safety radio system communication plan adopted by the ~~board~~ 
245.16  commissioner: 
245.17     (1) the state of Minnesota for its operations using the 
245.18  system in the metropolitan counties; 
245.19     (2) all local government units using the system; and 
245.20     (3) other eligible users of the system. 
245.21     Sec. 29.  Minnesota Statutes 2000, section 473.902, 
245.22  subdivision 2, is amended to read: 
245.23     Subd. 2.  [PAYMENTS TO ~~RADIO BOARD~~ COMMISSIONER; AMOUNTS 
245.24  DUE ~~BOARD~~ COMMISSIONER WHEN PAYABLE.] Charges payable to the 
245.25  ~~board~~ commissioner by users of the system may be made payable at 
245.26  those times during each year as the ~~board~~ commissioner 
245.27  determines, but those dates shall be fixed with reference to the 
245.28  dates on which tax, assessment, and revenue collections become 
245.29  available to the government units required to pay such charges.  
245.30     Sec. 30.  Minnesota Statutes 2000, section 473.902, 
245.31  subdivision 3, is amended to read: 
245.32     Subd. 3.  [COMPONENT MUNICIPALITIES OBLIGATIONS TO 
245.33  ~~BOARD~~ COMMISSIONER.] Each local government and other eligible 
245.34  users of the first phase system shall pay to the ~~board~~ 
245.35  commissioner all sums charged to it under this section, at the 
245.36  times and in the manner determined by the ~~board~~ commissioner.  
246.1   The governing body of each local government shall take all 
246.2   action that may be necessary to provide the funds required for 
246.3   these payments and to make them when due.  
246.4      Sec. 31.  Minnesota Statutes 2000, section 473.902, 
246.5   subdivision 4, is amended to read: 
246.6      Subd. 4.  [POWERS OF GOVERNMENT UNITS.] To accomplish any 
246.7   duty imposed on it by the ~~council or radio board~~ commissioner, 
246.8   the governing body of every local government in the metropolitan 
246.9   area may exercise the powers granted any municipality by 
246.10  chapters 117, 412, 429, 475, and by sections 115.46, 444.075, 
246.11  and 471.59. 
246.12     Sec. 32.  Minnesota Statutes 2000, section 473.902, 
246.13  subdivision 5, is amended to read: 
246.14     Subd. 5.  [DEFICIENCY TAX LEVIES.] If the governing body of 
246.15  any local government using the first phase system fails to meet 
246.16  any payment to the ~~board~~ commissioner under subdivision 1 when 
246.17  due, the ~~metropolitan council~~ commissioner may certify to the 
246.18  auditor of the county in which the government unit is located 
246.19  the amount required for payment of the amount due with interest 
246.20  at six percent per year.  The auditor shall levy and extend the 
246.21  amount due, with interest, as a tax upon all taxable property in 
246.22  the government unit for the next calendar year, free from any 
246.23  existing limitations imposed by law or charter.  This tax shall 
246.24  be collected in the same manner as the general taxes of the 
246.25  government unit, and the proceeds of the tax, when collected, 
246.26  shall be paid by the county treasurer to the ~~board~~ commissioner 
246.27  and credited to the government unit for which the tax was levied.
246.28     Sec. 33.  Minnesota Statutes 2000, section 473.904, 
246.29  subdivision 1, is amended to read: 
246.30     Subdivision 1.  [COUNTY PLANNING PROCESS.] No later than 
246.31  two years from May 22, 1995, each metropolitan county shall 
246.32  undertake and complete a planning process for its public safety 
246.33  radio subsystem to ensure participation by representatives of 
246.34  local government units, quasi-public service organizations, and 
246.35  private entities eligible to use the regional public safety 
246.36  radio system and to ensure coordination and planning of the 
247.1   local subsystems.  Local governments and other eligible users 
247.2   shall cooperate with the county in its preparation of the 
247.3   subsystem plan to ensure that local needs are met.  The ~~radio~~ 
247.4   ~~board~~ commissioner shall encourage the establishment by each 
247.5   metropolitan county of local public safety radio subsystem 
247.6   committees composed of representatives of local governments and 
247.7   other eligible users for the purposes of:  
247.8      (1) establishing a plan for coordinated and timely use of 
247.9   the regionwide public safety radio system by the local 
247.10  governments and other eligible users within each metropolitan 
247.11  county; and 
247.12     (2) assisting and advising the ~~board~~ commissioner in ~~its~~ 
247.13  the implementation of the regional public safety radio plan by 
247.14  identification of local service needs and objectives. 
247.15     The ~~board~~ commissioner shall also encourage the 
247.16  establishment of joint or multicounty planning for the 
247.17  regionwide public safety radio system and subsystems. 
247.18     The ~~board~~ commissioner may provide local boards with 
247.19  whatever assistance it deems necessary and appropriate.  
247.20     No metropolitan county or city of the first class shall be 
247.21  required to undertake a technical subsystem design to meet the 
247.22  planning process requirements of this subdivision or subdivision 
247.23  2. 
247.24     Sec. 34.  Minnesota Statutes 2000, section 473.904, 
247.25  subdivision 3, is amended to read: 
247.26     Subd. 3.  [SUBMISSION OF PLANS TO ~~BOARD~~ COMMISSIONER.] Each 
247.27  metropolitan county and each city of the first class in the 
247.28  metropolitan area which has chosen to develop its own plan shall 
247.29  submit the plan to the ~~board~~ commissioner for the ~~board's~~ 
247.30  commissioner's review and approval. 
247.31     Sec. 35.  Minnesota Statutes 2000, section 473.904, 
247.32  subdivision 4, is amended to read: 
247.33     Subd. 4.  [LOCAL GOVERNMENT JOINDER.] Local government 
247.34  units, except for cities of the first class, quasi-public 
247.35  service organizations, and private entities eligible to use the 
247.36  regional public safety radio system cannot join the system until 
248.1   its county plan has been approved by the ~~board~~ commissioner. 
248.2      Sec. 36.  Minnesota Statutes 2000, section 473.905, 
248.3   subdivision 2, is amended to read: 
248.4      Subd. 2.  [REQUIREMENTS TO JOIN.] Local governments and 
248.5   other entities eligible to join the regional public safety radio 
248.6   system which elect to join the system must do so in accordance 
248.7   with and meet the requirements of the provisions of the plan 
248.8   adopted by the ~~radio board~~ commissioner as provided in section 
248.9   473.894, subdivision 2.  
248.10     Sec. 37.  [TRANSFER OF POWERS, LIABILITIES, AND ASSETS.] 
248.11     The powers and duties of the metropolitan council and the 
248.12  metropolitan radio board with respect to the regional public 
248.13  safety radio system are transferred to the commissioner of 
248.14  transportation. 
248.15     Except as otherwise provided in this act, the provisions of 
248.16  Minnesota Statutes, section 15.039, relating to transfer of 
248.17  powers among agencies, shall apply to the transfer of powers and 
248.18  duties of the metropolitan council and metropolitan radio board 
248.19  to the commissioner of transportation, to the extent practicable.
248.20     Sec. 38.  [BONDS.] 
248.21     Bonds or other debt authorized by Minnesota Statutes, 
248.22  sections 473.898 and 473.903 that are outstanding on the 
248.23  effective date of this section must be paid and retired 
248.24  according to those sections and the terms of the bonds.  The 
248.25  auditors of the metropolitan counties shall see to the 
248.26  administration of this section. 
248.27     Sec. 39.  [REPEALER.] 
248.28     Minnesota Statutes 2000, sections 473.893; 473.894, 
248.29  subdivisions 14, 16, 17, and 18; 473.895; 473.896; 473.897, 
248.30  subdivision 3; 473.898, subdivisions 1, 2, 3, and 4; 473.899; 
248.31  473.900; and 473.903, are repealed. 
248.32     Sec. 40.  [EFFECTIVE DATE.] 
248.33     This article is effective July 1, 2002. 
248.34                             ARTICLE 10 
248.35                         FISCAL DISPARITIES 
248.36     Section 1.  Minnesota Statutes 2000, section 473F.02, 
249.1   subdivision 7, is amended to read: 
249.2      Subd. 7.  [POPULATION.] "Population" means the most recent 
249.3   estimate of the population of a municipality made by the 
249.4   ~~metropolitan council~~ state demographer and filed with the 
249.5   commissioner of revenue as of July 1 of the year in which a 
249.6   municipality's distribution net tax capacity is calculated.  The 
249.7   ~~council~~ state demographer shall annually estimate the population 
249.8   of each municipality as of a date which it determines and, in 
249.9   the case of a municipality which is located partly within and 
249.10  partly without the area, the proportion of the total which 
249.11  resides within the area, and shall promptly thereafter file its 
249.12  estimates with the commissioner of revenue. 
249.13     Sec. 2.  Minnesota Statutes 2000, section 473F.02, 
249.14  subdivision 8, is amended to read: 
249.15     Subd. 8.  [MUNICIPALITY.] "Municipality" means a city, 
249.16  town, or township located in whole or part within the area, but 
249.17  not the cities of New Prague or Northfield.  If a municipality 
249.18  is located partly within and partly without the area, the 
249.19  references in sections 473F.01 to 473F.13 to property or any 
249.20  portion thereof subject to taxation or taxing jurisdiction 
249.21  within the municipality are to such property or portion thereof 
249.22  as is located in that portion of the municipality within the 
249.23  area, except that the fiscal capacity of such a municipality 
249.24  shall be computed upon the basis of the valuation and population 
249.25  of the entire municipality. 
249.26     A municipality shall be excluded from the area if its 
249.27  municipal comprehensive zoning and planning policies 
249.28  conscientiously exclude most commercial-industrial development, 
249.29  for reasons other than preserving an agricultural use.  The 
249.30  ~~metropolitan council~~ director of the office of strategic and 
249.31  long-range planning and the commissioner of revenue shall 
249.32  jointly make this determination annually and shall notify those 
249.33  municipalities that are ineligible to participate in the tax 
249.34  base sharing program provided in this chapter for the following 
249.35  year. 
249.36     Sec. 3.  Minnesota Statutes 2000, section 473F.08, 
250.1   subdivision 5, is amended to read: 
250.2      Subd. 5.  [AREAWIDE TAX RATE.] On or before August 25 of 
250.3   each year, the county auditor shall certify to the 
250.4   administrative auditor that portion of the levy of each 
250.5   governmental unit determined under subdivisions 3, clause (a), 
250.6   and 3a~~, and 3b~~.  The administrative auditor shall then determine 
250.7   the areawide tax rate sufficient to yield an amount equal to the 
250.8   sum of such levies from the areawide net tax capacity.  On or 
250.9   before September 1 of each year, the administrative auditor 
250.10  shall certify the areawide tax rate to each of the county 
250.11  auditors. 
250.12     Sec. 4.  Minnesota Statutes 2000, section 473F.08, 
250.13  subdivision 7a, is amended to read: 
250.14     Subd. 7a.  [CERTIFICATION OF VALUES; PAYMENT.] The 
250.15  administrative auditor shall determine for each county the 
250.16  difference between the total levy on distribution value pursuant 
250.17  to subdivisions 3, clause (a), and 3a~~, and 3b~~, within the county 
250.18  and the total tax on contribution value pursuant to subdivision 
250.19  6, within the county.  On or before May 16 of each year, the 
250.20  administrative auditor shall certify the differences so 
250.21  determined to each county auditor.  In addition, the 
250.22  administrative auditor shall certify to those county auditors 
250.23  for whose county the total tax on contribution value exceeds the 
250.24  total levy on distribution value the settlement the county is to 
250.25  make to the other counties of the excess of the total tax on 
250.26  contribution value over the total levy on distribution value in 
250.27  the county.  On or before June 15 and November 15 of each year, 
250.28  each county treasurer in a county having a total tax on 
250.29  contribution value in excess of the total levy on distribution 
250.30  value shall pay one-half of the excess to the other counties in 
250.31  accordance with the administrative auditors certification. 
250.32     Sec. 5.  Minnesota Statutes 2000, section 473F.13, is 
250.33  amended to read: 
250.34     473F.13 [CHANGE IN STATUS OF MUNICIPALITY.] 
250.35     Subdivision 1.  [CERTIFICATION OF CHANGE IN STATUS.] If a 
250.36  municipality is dissolved, is consolidated with all or part of 
251.1   another municipality, annexes territory, has a portion of its 
251.2   territory detached from it, or is newly incorporated, the 
251.3   secretary of state shall immediately certify that fact to the 
251.4   commissioner of revenue.  The secretary of state shall also 
251.5   certify to the commissioner of revenue the current population of 
251.6   the new, enlarged, or successor municipality, if determined by 
251.7   the Minnesota municipal board incident to consolidation, 
251.8   annexation, or incorporation proceedings.  The population so 
251.9   certified shall govern for purposes of sections 473F.01 to 
251.10  473F.13 until the ~~metropolitan council~~ state demographer files 
251.11  its first population estimate as of a later date with the 
251.12  commissioner of revenue.  If an annexation of unincorporated 
251.13  land occurs without proceedings before the Minnesota municipal 
251.14  board, the population of the annexing municipality as previously 
251.15  determined shall continue to govern for purposes of sections 
251.16  473F.01 to 473F.13 until the ~~metropolitan council~~ state 
251.17  demographer files its first population estimate as of a later 
251.18  date with the commissioner of revenue. 
251.19     Sec. 6.  [REPEALER.] 
251.20     Minnesota Statutes 2000, sections 473F.02, subdivision 21; 
251.21  and 473F.08, subdivision 3b, are repealed. 
251.22     Sec. 7.  [EFFECTIVE DATE.] 
251.23     This article is effective for taxes levied in 2002, payable 
251.24  in 2003 and subsequent years. 
251.25                             ARTICLE 11 
251.26                       AGRICULTURAL PRESERVES 
251.27     Section 1.  Minnesota Statutes 2000, section 473H.04, 
251.28  subdivision 3, is amended to read: 
251.29     Subd. 3.  [MAPS TO ~~MET COUNCIL~~ MINNESOTA PLANNING.] The 
251.30  authority shall provide the ~~metropolitan council~~ office of 
251.31  strategic and long-range planning with suitable maps showing any 
251.32  lands certified eligible pursuant to subdivision 1 or 
251.33  decertified pursuant to subdivision 2.  The ~~metropolitan council~~ 
251.34  office shall maintain maps of the metropolitan area showing all 
251.35  certified long term agricultural lands.  
251.36     Sec. 2.  Minnesota Statutes 2000, section 473H.06, 
252.1   subdivision 1, is amended to read: 
252.2      Subdivision 1.  [APPLICATION.] Upon receipt of an 
252.3   application, the authority shall determine if all material 
252.4   required in section 473H.05 has been submitted and, if so, shall 
252.5   determine that the application is complete.  When used in this 
252.6   chapter, the term "date of application" means the date the 
252.7   application is determined complete by the authority.  Within 
252.8   five days of the date of application, the authority shall 
252.9   forward the completed and signed application to the county 
252.10  recorder, and copies to the county auditor, the county assessor, 
252.11  the ~~metropolitan council~~ office of strategic and long-range 
252.12  planning, and the county soil and water conservation district.  
252.13     Sec. 3.  Minnesota Statutes 2000, section 473H.06, 
252.14  subdivision 5, is amended to read: 
252.15     Subd. 5.  [MAPS; REPORTS.] The ~~metropolitan council~~ office 
252.16  of strategic and long-range planning shall maintain agricultural 
252.17  preserve maps, illustrating (a) certified long term agricultural 
252.18  lands; and (b) lands covenanted as agricultural preserves.  
252.19  The ~~council~~ office shall make yearly reports to the department 
252.20  of agriculture and such other agencies as the ~~council~~ office 
252.21  deems appropriate.  
252.22     Sec. 4.  Minnesota Statutes 2000, section 473H.08, 
252.23  subdivision 4, is amended to read: 
252.24     Subd. 4.  [NOTICE TO OTHERS.] Upon receipt of the notice 
252.25  provided in subdivision 2, or upon notice served by the 
252.26  authority as provided in subdivision 3, the authority shall 
252.27  forward the original notice to the county recorder for 
252.28  recording, or to the registrar of titles if the land is 
252.29  registered, and shall notify the county auditor, county 
252.30  assessor, ~~the metropolitan council~~ office of strategic and 
252.31  long-range planning, and the county soil and water conservation 
252.32  district of the date of expiration.  Designation as an 
252.33  agricultural preserve and all benefits and limitations accruing 
252.34  through sections 473H.02 to 473H.17 for the preserve shall cease 
252.35  on the date of expiration.  The restrictive covenant contained 
252.36  in the application shall terminate on the date of expiration.  
253.1      Sec. 5.  [EFFECTIVE DATE.] 
253.2      This article is effective July 1, 2002. 
253.3                              ARTICLE 12 
253.4                       PROPERTY TAX PROHIBITION 
253.5      Section 1.  [FUTURE LEVIES PROHIBITED.] 
253.6      Unless expressly authorized in this act, the metropolitan 
253.7   council or any metropolitan agency or commission must not levy 
253.8   property taxes after 2001, payable after 2002. 
253.9                              ARTICLE 13 
253.10                       CONFORMING AMENDMENTS 
253.11     Section 1.  [REVISOR'S INSTRUCTION.] 
253.12     The revisor of statutes shall prepare, in an appropriate 
253.13  bill for the 2002 legislative session, conforming statutory 
253.14  amendments necessitated by this act. 
253.15                             ARTICLE 14 
253.16                            APPLICATION 
253.17     Section 1.  [METRO COUNTIES.] 
253.18     Unless the context indicates otherwise, this act applies in 
253.19  the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 
253.20  and Washington.