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, the metropolitan radio board, and the 
  1.6             metropolitan mosquito control district; assigning 
  1.7             planning and research duties to the office of 
  1.8             strategic and long-range planning; transferring 
  1.9             regional transit financing and operations to the 
  1.10            commissioner of transportation; establishing the 
  1.11            metropolitan wastewater control commission; 
  1.12            transferring ownership and operation of metropolitan 
  1.13            sports facilities to the city of Minneapolis, or in 
  1.14            the alternative to the Minnesota amateur sports 
  1.15            commission; transferring the powers and duties of the 
  1.16            metropolitan radio board to the commissioner of 
  1.17            transportation; transferring the housing bond credit 
  1.18            enhancement program to the housing finance agency; 
  1.19            amending Minnesota Statutes 1994, sections 3.9741, 
  1.20            subdivision 1; 4A.02; 6.76; 10A.01, subdivisions 18, 
  1.21            26, 27, and 29; 13.55, subdivision 1; 15.0597, 
  1.22            subdivision 1; 15.0599, subdivision 1; 16B.122, 
  1.23            subdivision 1; 65B.43, subdivision 20; 85.015, 
  1.24            subdivision 14; 85.017; 103D.401, subdivisions 3, 4, 
  1.25            and 5; 103D.405, subdivisions 3, 4, 5, and 6; 
  1.26            103F.715; 103F.721; 103F.761, subdivision 1; 103G.293; 
  1.27            115.54; 115A.08, subdivisions 5 and 6; 115A.09, 
  1.28            subdivision 3; 115A.21, subdivisions 2 and 2a; 
  1.29            115A.52; 116.16, subdivision 2; 116.182, subdivision 
  1.30            1; 116D.04, subdivision 1a; 116G.03, subdivision 5; 
  1.31            116J.401; 116M.14, subdivision 4; 116M.15, subdivision 
  1.32            1; 117.57, subdivision 3; 145A.02, subdivision 16; 
  1.33            145A.09, subdivision 6; 160.265, subdivision 1; 
  1.34            161.17, subdivision 2; 161.171, subdivision 5; 
  1.35            161.173; 161.174; 169.781, subdivision 1; 169.791, 
  1.36            subdivision 5; 169.792, subdivision 11; 174.03, 
  1.37            subdivisions 4 and 5; 174.031, subdivision 3; 174.04, 
  1.38            subdivisions 1 and 2; 174.32, subdivision 2; 174.50, 
  1.39            subdivision 4; 216C.15, subdivision 1; 221.022; 
  1.40            221.025; 221.031, subdivision 3a; 221.041, subdivision 
  1.41            4; 221.071, subdivision 1; 221.295; 240.06, 
  1.42            subdivision 2; 270.12, subdivision 3; 273.1398, by 
  1.43            adding a subdivision; 275.065, subdivision 5a; 
  1.44            340A.404, subdivision 1; 340A.504, subdivision 1; 
  1.45            352.03, subdivision 1; 352.04, subdivision 6; 353.64, 
  1.46            subdivision 7a; 414.02, subdivision 3; 414.031, 
  2.1             subdivision 4; 414.0325, subdivision 3; 422A.01, 
  2.2             subdivision 9; 422A.101, subdivision 2a; 462.382; 
  2.3             462A.04, subdivision 1; 462A.07, subdivision 11; 
  2.4             462C.04, subdivision 4; 462C.071, subdivision 4; 
  2.5             465.795, subdivision 3; 465.797, subdivision 3; 
  2.6             465.82, subdivision 1; 465.83; 471.425, subdivision 1; 
  2.7             471.591, subdivision 1; 473.121, subdivisions 2, 5a, 
  2.8             6, 8, 10, 14, 24, and by adding a subdivision; 
  2.9             473.123, subdivisions 1, 2a, 3, 3a, 3c, 4, and by 
  2.10            adding subdivisions; 473.129, subdivisions 1, 3, 8, 
  2.11            and 9; 473.142; 473.1425; 473.143; 473.144; 473.145; 
  2.12            473.146, subdivision 3; 473.147; 473.156, subdivision 
  2.13            1; 473.157; 473.165; 473.167, subdivisions 1 and 2a; 
  2.14            473.168, subdivision 2; 473.171; 473.173; 473.175; 
  2.15            473.181; 473.191; 473.192, subdivisions 2 and 3; 
  2.16            473.197; 473.223; 473.23, as amended; 473.241; 
  2.17            473.242; 473.243; 473.244, subdivision 1; 473.245; 
  2.18            473.301, subdivisions 2 and 4; 473.313; 473.315, 
  2.19            subdivision 1; 473.334, subdivision 1; 473.341; 
  2.20            473.351; 473.375, subdivisions 11, 12, 14, and 15; 
  2.21            473.382; 473.384; 473.385, subdivision 1; 473.386, 
  2.22            subdivisions 2a, 3, 4, and 6; 473.387, subdivisions 2, 
  2.23            3, and 4; 473.392; 473.399; 473.3994, subdivisions 4, 
  2.24            5, 7, 8, 9, 10, 12, and 13; 473.3997; 473.405, 
  2.25            subdivisions 3, 4, 5, 9, 10, and 15; 473.4051; 
  2.26            473.407, subdivisions 1, 3, 4, and 5; 473.408, 
  2.27            subdivisions 1, 2a, 4, 6, and 7; 473.409; 473.416; 
  2.28            473.418; 473.42; 473.511; 473.512, subdivision 1; 
  2.29            473.513; 473.515; 473.5155, subdivision 1; 473.516, as 
  2.30            amended; 473.517, subdivisions 1, 2, 3, 6, and 9; 
  2.31            473.519; 473.523; 473.535; 473.541; 473.542; 473.543; 
  2.32            473.545; 473.547; 473.549; 473.551, subdivisions 4, 5, 
  2.33            8, 9, and 12; 473.556, subdivisions 4, 5, 6, 11, 12, 
  2.34            14, and 17; 473.561; 473.564, subdivision 2; 473.572, 
  2.35            subdivision 2; 473.592; 473.595, as amended; 473.601, 
  2.36            by adding a subdivision; 473.602; 473.604, subdivision 
  2.37            1; 473.608, subdivision 19; 473.611; 473.621, 
  2.38            subdivision 6; 473.636; 473.637; 473.638; 473.639; 
  2.39            473.64; 473.655; 473.667, subdivision 8; 473.852, 
  2.40            subdivisions 2, 10, and by adding a subdivision; 
  2.41            473.853; 473.854; 473.856; 473.857; 473.858, as 
  2.42            amended; 473.863, subdivision 4; 473.864, as amended; 
  2.43            473.865, subdivision 1; 473.866; 473.867, subdivisions 
  2.44            1, 2, 3, and 5; 473.868, subdivision 3; 473.869; 
  2.45            473.871; 473F.02, subdivisions 7 and 8; 473F.13; 
  2.46            473H.04, subdivision 3; 473H.06, subdivisions 1 and 5; 
  2.47            473H.08, subdivision 4; 477A.011, subdivision 3; 
  2.48            Minnesota Statutes 1995 Supplement, sections 15.50, 
  2.49            subdivision 2; 16B.122, subdivision 3; 16B.42, 
  2.50            subdivision 1; 47.52; 85.016; 103B.231, subdivisions 
  2.51            3a, 7, 8, and 11; 103B.235, subdivisions 3 and 3a; 
  2.52            103B.255, subdivisions 8, 9, and 12; 103D.401, 
  2.53            subdivisions 1 and 2; 115.741, subdivision 2; 
  2.54            115A.471; 116G.15; 116J.402; 121.1601, subdivision 1; 
  2.55            134.201, subdivision 5; 162.09, subdivision 4; 
  2.56            240A.08; 275.065, subdivision 3; 275.066; 275.14; 
  2.57            275.62, subdivision 3; 352.01, subdivisions 2a and 2b; 
  2.58            352D.02, subdivision 1; 403.07, subdivision 1; 
  2.59            462C.04, subdivisions 2 and 3; 462C.071, subdivision 
  2.60            2; 465.798; 465.799; 465.801; 473.146, subdivision 1; 
  2.61            473.149, subdivision 3; 473.151; 473.167, subdivision 
  2.62            2; 473.375, subdivisions 9 and 13; 473.385, 
  2.63            subdivision 2; 473.386, subdivisions 1, 2, and 5; 
  2.64            473.391; 473.3915, subdivisions 3 and 4; 473.405, 
  2.65            subdivisions 1 and 12; 473.408, subdivisions 2 and 2b; 
  2.66            473.411, subdivision 5; 473.415, subdivision 1; 
  2.67            473.448; 473.449; 473.504, subdivisions 4, 5, 6, 9, 
  2.68            10, 11, 12, and by adding subdivisions; 473.505; 
  2.69            473.521; 473.8011; 473.834, subdivision 2; 473.867, 
  2.70            subdivision 6; 473.891, subdivisions 2 and 7; 473.894, 
  2.71            subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 
  3.1             13, 15, 19, 20, 21, 22, 23, and 24; 473.897, 
  3.2             subdivisions 1, 2, and 4; 473.901, subdivisions 2 and 
  3.3             3; 473.902, subdivisions 1, 2, 3, 4, and 5; 473.904, 
  3.4             subdivisions 1, 3, and 4; 473.905, subdivision 2; 
  3.5             473F.08, subdivisions 5 and 7a; proposing coding for 
  3.6             new law in Minnesota Statutes, chapter 473; repealing 
  3.7             Minnesota Statutes 1994, sections 115A.03, subdivision 
  3.8             19; 174.22, subdivision 3; 403.07, subdivision 2; 
  3.9             473.121, subdivisions 3 and 12; 473.123, subdivisions 
  3.10            7 and 8; 473.125; 473.127; 473.129, subdivisions 2, 4, 
  3.11            5, 6, and 7; 473.13, subdivisions 1a, 3, and 4; 
  3.12            473.132; 473.146, subdivision 4; 473.155; 473.1551; 
  3.13            473.1623; 473.164, subdivisions 1 and 2; 473.167, 
  3.14            subdivisions 4 and 5; 473.194; 473.195, subdivisions 
  3.15            2, 3, and 4; 473.199; 473.201; 473.204; 473.206; 
  3.16            473.208; 473.244, subdivision 6; 473.247; 473.249; 
  3.17            473.302; 473.303; 473.315, subdivision 2; 473.325; 
  3.18            473.326; 473.333; 473.388, subdivisions 1, 2, 3, and 
  3.19            5; 473.39, subdivisions 1, 1a, and 4; 473.411, 
  3.20            subdivision 3; 473.436, subdivisions 3 and 6; 473.446, 
  3.21            subdivisions 2, 2a, 3, and 7; 473.552; 473.553; 
  3.22            473.556, subdivisions 1, 2, 3, 7, 8, 9, 10, 13, and 
  3.23            16; 473.564, subdivision 3; 473.565; 473.572, 
  3.24            subdivision 1; 473.581; 473.595, subdivisions 1a and 
  3.25            4; 473.598, subdivisions 1, 2, 3, and 5; 473.599, 
  3.26            subdivisions 1, 2, 3, 4, 5, 6, and 7; 473.604, 
  3.27            subdivision 7; 473.616; 473.618; 473.619; 473.701; 
  3.28            473.702; 473.703; 473.704, subdivisions 1, 2, 3, 4, 5, 
  3.29            6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, and 
  3.30            20; 473.705; 473.706; 473.711, subdivisions 1, 3, 4, 
  3.31            and 5; 473.712; 473.714; 473.715; 473.716; 473.851; 
  3.32            473.855; 473.863, subdivisions 1, 2, and 3; 473.868, 
  3.33            subdivision 4; Minnesota Statutes 1995 Supplement, 
  3.34            sections 473.13, subdivisions 1 and 2; 473.164, 
  3.35            subdivision 3; 473.167, subdivisions 3 and 3a; 
  3.36            473.195, subdivision 1; 473.25; 473.251; 473.252; 
  3.37            473.253; 473.254; 473.388, subdivision 4; 473.39, 
  3.38            subdivisions 1b and 2; 473.3915, subdivisions 5 and 6; 
  3.39            473.411, subdivision 4; 473.436, subdivision 2; 
  3.40            473.446, subdivisions 1, 1a, and 8; 473.598, 
  3.41            subdivision 4; 473.599, subdivision 8; 473.704, 
  3.42            subdivision 18; 473.711, subdivision 2; 473.893; 
  3.43            473.894, subdivisions 14, 16, 17, and 18; 473.895; 
  3.44            473.896; 473.897, subdivision 3; 473.898; 473.899; 
  3.45            473.900; 473.903; 473F.02, subdivision 21; 473F.08, 
  3.46            subdivision 3b. 
  3.47  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  3.48                             ARTICLE 1 
  3.49                 MISCELLANEOUS METROPOLITAN COUNCIL
  3.50     Section 1.  Minnesota Statutes 1994, section 4A.02, is 
  3.51  amended to read: 
  3.52     4A.02 [STATE DEMOGRAPHER.] 
  3.53     The director shall appoint a state demographer.  The 
  3.54  demographer must be professionally competent in demography and 
  3.55  must possess demonstrated ability based upon past performance.  
  3.56  The demographer shall: 
  3.57     (1) continuously gather and develop demographic data 
  3.58  relevant to the state; 
  4.1      (2) design and test methods of research and data 
  4.2   collection; 
  4.3      (3) periodically prepare population projections for the 
  4.4   state and designated regions and periodically prepare 
  4.5   projections for each county or other political subdivision of 
  4.6   the state as necessary to carry out the purposes of this 
  4.7   section; 
  4.8      (4) review, comment on, and prepare analysis of population 
  4.9   estimates and projections made by state agencies, political 
  4.10  subdivisions, other states, federal agencies, or nongovernmental 
  4.11  persons, institutions, or commissions; 
  4.12     (5) serve as the state liaison with the federal Bureau of 
  4.13  the Census, coordinate state and federal demographic activities 
  4.14  to the fullest extent possible, and aid the legislature in 
  4.15  preparing a census data plan and form for each decennial census; 
  4.16     (6) compile an annual study of population estimates on the 
  4.17  basis of county, regional, or other political or geographical 
  4.18  subdivisions as necessary to carry out the purposes of this 
  4.19  section and section 4A.03; 
  4.20     (7) by January 1 of each year, issue a report to the 
  4.21  legislature containing an analysis of the demographic 
  4.22  implications of the annual population study and population 
  4.23  projections; 
  4.24     (8) prepare maps for all counties in the state, all 
  4.25  municipalities with a population of 10,000 or more, and other 
  4.26  municipalities as needed for census purposes, according to scale 
  4.27  and detail recommended by the federal Bureau of the Census, with 
  4.28  the maps of cities showing precinct boundaries; and 
  4.29     (9) prepare an estimate of population and of the number of 
  4.30  households for each governmental subdivision for which the 
  4.31  metropolitan council does not prepare an annual estimate, and 
  4.32  convey the estimates to the governing body of each political 
  4.33  subdivision by May 1 of each year. 
  4.34     Sec. 2.  Minnesota Statutes 1994, section 6.76, is amended 
  4.35  to read: 
  4.36     6.76 [LOCAL GOVERNMENTAL EXPENDITURES FOR LOBBYISTS.] 
  5.1      On or before January 31, 1990, and each year thereafter, 
  5.2   all counties, cities, school districts, metropolitan 
  5.3   agencies, and regional railroad authorities, and the 
  5.4   metropolitan council shall report to the state auditor, on forms 
  5.5   prescribed by the auditor, their estimated expenditures paid for 
  5.6   the previous calendar year to a lobbyist as defined in section 
  5.7   10A.01, subdivision 11, and to any staff person not registered 
  5.8   as a lobbyist, over 25 percent of whose time is spent during the 
  5.9   legislative session on legislative matters. 
  5.10     Sec. 3.  Minnesota Statutes 1994, section 10A.01, 
  5.11  subdivision 18, is amended to read: 
  5.12     Subd. 18.  "Public official" means any: 
  5.13     (a) member of the legislature; 
  5.14     (b) constitutional officer in the executive branch and the 
  5.15  officer's chief administrative deputy; 
  5.16     (c) member, chief administrative officer or deputy chief 
  5.17  administrative officer of a state board or commission which has 
  5.18  at least one of the following powers:  (i) the power to adopt, 
  5.19  amend or repeal rules, or (ii) the power to adjudicate contested 
  5.20  cases or appeals; 
  5.21     (d) commissioner, deputy commissioner, or assistant 
  5.22  commissioner of any state department as designated pursuant to 
  5.23  section 15.01; 
  5.24     (e) individual employed in the executive branch who is 
  5.25  authorized to adopt, amend or repeal rules or adjudicate 
  5.26  contested cases; 
  5.27     (f) executive director of the state board of investment; 
  5.28     (g) executive director of the Indian affairs intertribal 
  5.29  board; 
  5.30     (h) commissioner of the iron range resources and 
  5.31  rehabilitation board; 
  5.32     (i) commissioner of mediation services; 
  5.33     (j) deputy of any official listed in clauses (e) to (i); 
  5.34     (k) judge of the workers' compensation court of appeals; 
  5.35     (l) administrative law judge or compensation judge in the 
  5.36  state office of administrative hearings or referee in the 
  6.1   department of economic security; 
  6.2      (m) solicitor general or deputy, assistant or special 
  6.3   assistant attorney general; 
  6.4      (n) individual employed by the legislature as secretary of 
  6.5   the senate, legislative auditor, chief clerk of the house, 
  6.6   revisor of statutes, or researcher, legislative analyst, or 
  6.7   attorney in the office of senate counsel and research or house 
  6.8   research; 
  6.9      (o) member, regional administrator, division director, 
  6.10  general counsel, or operations manager of the metropolitan 
  6.11  council; 
  6.12     (p) the director of the racing commission, the director of 
  6.13  the gambling control board, the director of the state lottery, 
  6.14  and the deputy director of the state lottery; 
  6.15     (q) (p) director of the division of gambling enforcement in 
  6.16  the department of public safety; 
  6.17     (r) (q) member or executive director of the higher 
  6.18  education facilities authority; 
  6.19     (s) (r) member of the board of directors or president of 
  6.20  the Minnesota world trade center corporation; or 
  6.21     (t) (s) member or chief administrator of a metropolitan 
  6.22  agency. 
  6.23     Sec. 4.  Minnesota Statutes 1994, section 10A.01, 
  6.24  subdivision 26, is amended to read: 
  6.25     Subd. 26.  [METROPOLITAN GOVERNMENTAL UNIT.] "Metropolitan 
  6.26  governmental unit" means any of the seven counties in the 
  6.27  metropolitan area as defined in section 473.121, subdivision 2, 
  6.28  a regional railroad authority established by one or more of 
  6.29  those counties under section 398A.03, a city with a population 
  6.30  of over 50,000 located in the seven-county metropolitan area, 
  6.31  the metropolitan council, a metropolitan agency as defined in 
  6.32  section 473.121, subdivision 5a, the Minnesota state high school 
  6.33  league, and Minnesota Technology, Inc. 
  6.34     Sec. 5.  Minnesota Statutes 1994, section 10A.01, 
  6.35  subdivision 27, is amended to read: 
  6.36     Subd. 27.  [POLITICAL SUBDIVISION.] "Political subdivision" 
  7.1   means the metropolitan council, a metropolitan agency as defined 
  7.2   in section 473.121, subdivision 5a, a municipality as defined in 
  7.3   section 471.345, subdivision 1, the Minnesota state high school 
  7.4   league, and Minnesota Technology, Inc. 
  7.5      Sec. 6.  Minnesota Statutes 1994, section 10A.01, 
  7.6   subdivision 29, is amended to read: 
  7.7      Subd. 29.  [POPULATION.] "Population" means the population 
  7.8   established by the most recent federal census, by a special 
  7.9   census taken by the United States Bureau of the Census, by an 
  7.10  estimate made by the metropolitan council, or by an estimate 
  7.11  made by the state demographer under section 4A.02, whichever has 
  7.12  the latest stated date of count or estimate. 
  7.13     Sec. 7.  Minnesota Statutes 1994, section 15.0597, 
  7.14  subdivision 1, is amended to read: 
  7.15     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  7.16  following terms shall have the meanings given them. 
  7.17     (a) "Agency" means (1) a state board, commission, council, 
  7.18  committee, authority, task force, including an advisory task 
  7.19  force created under section 15.014 or 15.0593, a group created 
  7.20  by executive order of the governor, or other similar multimember 
  7.21  agency created by law and having statewide jurisdiction; and (2) 
  7.22  the metropolitan council, metropolitan agency, capitol area 
  7.23  architectural and planning board, and any agency with a regional 
  7.24  jurisdiction created in this state pursuant to an interstate 
  7.25  compact. 
  7.26     (b) "Vacancy" or "vacant agency position" means (1) a 
  7.27  vacancy in an existing agency, or (2) a new, unfilled agency 
  7.28  position.  Vacancy includes a position that is to be filled 
  7.29  through appointment of a nonlegislator by a legislator or group 
  7.30  of legislators; vacancy does not mean (1) a vacant position on 
  7.31  an agency composed exclusively of persons employed by a 
  7.32  political subdivision or another agency, or (2) a vacancy to be 
  7.33  filled by a person required to have a specific title or position.
  7.34     (c) "Secretary" means the secretary of state. 
  7.35     Sec. 8.  Minnesota Statutes 1994, section 15.0599, 
  7.36  subdivision 1, is amended to read: 
  8.1      Subdivision 1.  [APPLICABILITY.] For purposes of this 
  8.2   section, "agency" means: 
  8.3      (1) a state board, commission, council, committee, 
  8.4   authority, task force, including an advisory task force 
  8.5   established under section 15.014 or 15.0593, other multimember 
  8.6   agency, however designated, established by statute or order and 
  8.7   having statewide jurisdiction; 
  8.8      (2) a multimember body, however designated, appointed by 
  8.9   the metropolitan council established by section 473.123 or a 
  8.10  metropolitan agency as defined in section 473.121, subdivision 
  8.11  5a, if the membership includes at least one person who is not a 
  8.12  member of the council or the agency; and 
  8.13     (3) a multimember body whose members are appointed by the 
  8.14  legislature if the body has at least one nonlegislative member. 
  8.15     "Secretary" means the secretary of state. 
  8.16     Sec. 9.  Minnesota Statutes 1995 Supplement, section 15.50, 
  8.17  subdivision 2, is amended to read: 
  8.18     Subd. 2.  [CAPITOL AREA PLAN.] (a) The board shall prepare, 
  8.19  prescribe, and from time to time, after a public hearing, amend 
  8.20  a comprehensive use plan for the capitol area, called the area 
  8.21  in this subdivision, which consists of that portion of the city 
  8.22  of Saint Paul comprehended within the following boundaries:  
  8.23  Beginning at the point of intersection of the center line of the 
  8.24  Arch-Pennsylvania freeway and the center line of Marion Street, 
  8.25  thence southerly along the center line of Marion Street extended 
  8.26  to a point 50 feet south of the south line of Concordia Avenue, 
  8.27  thence southeasterly along a line extending 50 feet from the 
  8.28  south line of Concordia Avenue to a point 125 feet from the west 
  8.29  line of John Ireland Boulevard, thence southwesterly along a 
  8.30  line extending 125 feet from the west line of John Ireland 
  8.31  Boulevard to the south line of Dayton Avenue, thence 
  8.32  northeasterly from the south line of Dayton Avenue to the west 
  8.33  line of John Ireland Boulevard, thence northeasterly to the 
  8.34  center line of the intersection of Old Kellogg Boulevard and 
  8.35  Summit Avenue, thence northeasterly along the center line of 
  8.36  Summit Avenue to the center line of the new West Kellogg 
  9.1   Boulevard, thence southerly along the east line of the new West 
  9.2   Kellogg Boulevard, to the center line of West Seventh Street, 
  9.3   thence northeasterly along the center line of West Seventh 
  9.4   Street to the center line of the Fifth Street ramp, thence 
  9.5   northwesterly along the center line of the Fifth Street ramp to 
  9.6   the east line of the right-of-way of Interstate Highway 35-E, 
  9.7   thence northeasterly along the east line of the right-of-way of 
  9.8   Interstate Highway 35-E to the south line of the right-of-way of 
  9.9   Interstate Highway 94, thence easterly along the south line of 
  9.10  the right-of-way of Interstate Highway 94 to the west line of 
  9.11  St. Peter Street, thence southerly to the south line of Exchange 
  9.12  Street, thence easterly along the south line of Exchange Street 
  9.13  to the west line of Cedar Street, thence northerly along the 
  9.14  west line of Cedar Street to the center line of Tenth Street, 
  9.15  thence northeasterly along the center line of Tenth Street to 
  9.16  the center line of Minnesota Street, thence northwesterly along 
  9.17  the center line of Minnesota Street to the center line of 
  9.18  Eleventh Street, thence northeasterly along the center line of 
  9.19  Eleventh Street to the center line of Jackson Street, thence 
  9.20  northwesterly along the center line of Jackson Street to the 
  9.21  center line of the Arch-Pennsylvania freeway extended, thence 
  9.22  westerly along the center line of the Arch-Pennsylvania freeway 
  9.23  extended and Marion Street to the point of origin.  If 
  9.24  construction of the labor interpretive center does not commence 
  9.25  prior to December 31, 2000, at the site recommended by the 
  9.26  board, the boundaries of the capitol area revert to their 
  9.27  configuration as of 1992.  
  9.28     Under the comprehensive plan, or a portion of it, the board 
  9.29  may regulate, by means of zoning rules adopted under the 
  9.30  administrative procedure act, the kind, character, height, and 
  9.31  location, of buildings and other structures constructed or used, 
  9.32  the size of yards and open spaces, the percentage of lots that 
  9.33  may be occupied, and the uses of land, buildings and other 
  9.34  structures, within the area.  To protect and enhance the 
  9.35  dignity, beauty, and architectural integrity of the capitol 
  9.36  area, the board is further empowered to include in its zoning 
 10.1   rules design review procedures and standards with respect to any 
 10.2   proposed construction activities in the capitol area 
 10.3   significantly affecting the dignity, beauty, and architectural 
 10.4   integrity of the area.  No person may undertake these 
 10.5   construction activities as defined in the board's rules in the 
 10.6   capitol area without first submitting construction plans to the 
 10.7   board, obtaining a zoning permit from the board, and receiving a 
 10.8   written certification from the board specifying that the person 
 10.9   has complied with all design review procedures and standards.  
 10.10  Violation of the zoning rules is a misdemeanor.  The board may, 
 10.11  at its option, proceed to abate any violation by injunction.  
 10.12  The board and the city of Saint Paul shall cooperate in assuring 
 10.13  that the area adjacent to the capitol area is developed in a 
 10.14  manner that is in keeping with the purpose of the board and the 
 10.15  provisions of the comprehensive plan.  
 10.16     (b) The commissioner of administration shall act as a 
 10.17  consultant to the board with regard to the physical structural 
 10.18  needs of the state.  The commissioner shall make studies and 
 10.19  report the results to the board when it requests reports for its 
 10.20  planning purpose.  
 10.21     (c) No public building, street, parking lot, or monument, 
 10.22  or other construction may be built or altered on any public 
 10.23  lands within the area unless the plans for the project conform 
 10.24  to the comprehensive use plan as specified in paragraph (d) and 
 10.25  to the requirement for competitive plans as specified in 
 10.26  paragraph (e).  No alteration substantially changing the 
 10.27  external appearance of any existing public building approved in 
 10.28  the comprehensive plan or the exterior or interior design of any 
 10.29  proposed new public building the plans for which were secured by 
 10.30  competition under paragraph (e) may be made without the prior 
 10.31  consent of the board.  The commissioner of administration shall 
 10.32  consult with the board regarding internal changes having the 
 10.33  effect of substantially altering the architecture of the 
 10.34  interior of any proposed building.  
 10.35     (d) The comprehensive plan must show the existing land uses 
 10.36  and recommend future uses including:  areas for public taking 
 11.1   and use; zoning for private land and criteria for development of 
 11.2   public land, including building areas, open spaces, monuments, 
 11.3   and other memorials; vehicular and pedestrian circulation; 
 11.4   utilities systems; vehicular storage; elements of landscape 
 11.5   architecture.  No substantial alteration or improvement may be 
 11.6   made to public lands or buildings in the area without the 
 11.7   written approval of the board.  
 11.8      (e) The board shall secure by competitions plans for any 
 11.9   new public building.  Plans for any comprehensive plan, 
 11.10  landscaping scheme, street plan, or property acquisition that 
 11.11  may be proposed, or for any proposed alteration of any existing 
 11.12  public building, landscaping scheme or street plan may be 
 11.13  secured by a similar competition.  A competition must be 
 11.14  conducted under rules prescribed by the board and may be of any 
 11.15  type which meets the competition standards of the American 
 11.16  Institute of Architects.  Designs selected become the property 
 11.17  of the state of Minnesota, and the board may award one or more 
 11.18  premiums in each competition and may pay the costs and fees that 
 11.19  may be required for its conduct.  At the option of the board, 
 11.20  plans for projects estimated to cost less than $1,000,000 may be 
 11.21  approved without competition provided the plans have been 
 11.22  considered by the advisory committee described in paragraph 
 11.23  (h).  Plans for projects estimated to cost less than $400,000 
 11.24  and for construction of streets need not be considered by the 
 11.25  advisory committee if in conformity with the comprehensive plan. 
 11.26     (f) Notwithstanding paragraph (e), an architectural 
 11.27  competition is not required for the design of any light rail 
 11.28  transit station and alignment within the capitol area.  The 
 11.29  board and its advisory committee shall select a preliminary 
 11.30  design for any transit station in the capitol area.  Each stage 
 11.31  of any station's design through working drawings must be 
 11.32  reviewed by the board's advisory committee and approved by the 
 11.33  board to ensure that the station's design is compatible with the 
 11.34  comprehensive plan for the capitol area and the board's design 
 11.35  criteria.  The guideway and track design of any light rail 
 11.36  transit alignment within the capitol area must also be reviewed 
 12.1   by the board's advisory committee and approved by the board. 
 12.2      (g) Of the amount available for the light rail transit 
 12.3   design, adequate funds must be available to the board for design 
 12.4   framework studies and review of preliminary plans for light rail 
 12.5   transit alignment and stations in the capitol area. 
 12.6      (h) The board may not adopt any plan under paragraph (e) 
 12.7   unless it first receives the comments and criticism of an 
 12.8   advisory committee of three persons, each of whom is either an 
 12.9   architect or a planner, who have been selected and appointed as 
 12.10  follows:  one by the board of the arts, one by the board, and 
 12.11  one by the Minnesota Society of the American Institute of 
 12.12  Architects.  Members of the committee may not be contestants 
 12.13  under paragraph (e).  The comments and criticism must be a 
 12.14  matter of public information.  The committee shall advise the 
 12.15  board on all architectural and planning matters.  For that 
 12.16  purpose, the committee must be kept currently informed 
 12.17  concerning, and have access to, all data, including all plans, 
 12.18  studies, reports and proposals, relating to the area as the data 
 12.19  are developed or in the process of preparation, whether by the 
 12.20  commissioner of administration, the commissioner of trade and 
 12.21  economic development, the metropolitan council, the city of 
 12.22  Saint Paul, or by any architect, planner, agency or 
 12.23  organization, public or private, retained by the board or not 
 12.24  retained and engaged in any work or planning relating to the 
 12.25  area, and a copy of any data prepared by any public employee or 
 12.26  agency must be filed with the board promptly upon completion.  
 12.27     The board may employ stenographic or technical help that 
 12.28  may be reasonable to assist the committee to perform its duties. 
 12.29     When so directed by the board, the committee may serve as, 
 12.30  and any member or members of the committee may serve on, the 
 12.31  jury or as professional advisor for any architectural 
 12.32  competition, and the board shall select the architectural 
 12.33  advisor and jurors for any competition with the advice of the 
 12.34  committee.  
 12.35     The city of Saint Paul shall advise the board.  
 12.36     (i) The comprehensive plan for the area must be developed 
 13.1   and maintained in close cooperation with the commissioner of 
 13.2   trade and economic development, the planning department and the 
 13.3   council for the city of Saint Paul, and the board of the arts, 
 13.4   and no plan or amendment of a plan may be effective without 90 
 13.5   days' notice to the planning department of the city of Saint 
 13.6   Paul and the board of the arts and without a public hearing with 
 13.7   opportunity for public testimony.  
 13.8      (j) The board and the commissioner of administration, 
 13.9   jointly, shall prepare, prescribe, and from time to time revise 
 13.10  standards and policies governing the repair, alteration, 
 13.11  furnishing, appearance, and cleanliness of the public and 
 13.12  ceremonial areas of the state capitol building.  The board shall 
 13.13  consult with and receive advice from the director of the 
 13.14  Minnesota state historical society regarding the historic 
 13.15  fidelity of plans for the capitol building.  The standards and 
 13.16  policies developed under this paragraph are binding upon the 
 13.17  commissioner of administration.  The provisions of sections 
 13.18  14.02, 14.04 to 14.28, 14.38, and 14.44 to 14.45 do not apply to 
 13.19  this paragraph.  
 13.20     (k) The board in consultation with the commissioner of 
 13.21  administration shall prepare and submit to the legislature and 
 13.22  the governor no later than October 1 of each even-numbered year 
 13.23  a report on the status of implementation of the comprehensive 
 13.24  plan together with a program for capital improvements and site 
 13.25  development, and the commissioner of administration shall 
 13.26  provide the necessary cost estimates for the program.  The board 
 13.27  shall report any changes to the comprehensive plan adopted by 
 13.28  the board to the committee on governmental operations and 
 13.29  gambling of the house of representatives and the committee on 
 13.30  governmental operations and reform of the senate and upon 
 13.31  request shall provide testimony concerning the changes.  The 
 13.32  board shall also provide testimony to the legislature on 
 13.33  proposals for memorials in the capitol area as to their 
 13.34  compatibility with the standards, policies, and objectives of 
 13.35  the comprehensive plan. 
 13.36     (l) The state shall, by the attorney general upon the 
 14.1   recommendation of the board and within appropriations available 
 14.2   for that purpose, acquire by gift, purchase, or eminent domain 
 14.3   proceedings any real property situated in the area described in 
 14.4   this section, and it may also acquire an interest less than a 
 14.5   fee simple interest in the property, if it finds that the 
 14.6   property is needed for future expansion or beautification of the 
 14.7   area.  
 14.8      (m) The board is the successor of the state veterans 
 14.9   service building commission, and as such may adopt rules and may 
 14.10  reenact the rules adopted by its predecessor under Laws 1945, 
 14.11  chapter 315, and amendments to it.  
 14.12     (n) The board shall meet at the call of the chair and at 
 14.13  such other times as it may prescribe.  
 14.14     (o) The commissioner of administration shall assign 
 14.15  quarters in the state veterans service building to (1) the 
 14.16  department of veterans affairs, of which a part that the 
 14.17  commissioner of administration and commissioner of veterans 
 14.18  affairs may mutually determine must be on the first floor above 
 14.19  the ground, and (2) the American Legion, Veterans of Foreign 
 14.20  Wars, Disabled American Veterans, Military Order of the Purple 
 14.21  Heart, United Spanish War Veterans, and Veterans of World War I, 
 14.22  and their auxiliaries, incorporated, or when incorporated, under 
 14.23  the laws of the state, and (3) as space becomes available, to 
 14.24  other state departments and agencies as the commissioner may 
 14.25  deem desirable. 
 14.26     Sec. 10.  Minnesota Statutes 1994, section 16B.122, 
 14.27  subdivision 1, is amended to read: 
 14.28     Subdivision 1.  [DEFINITIONS.] The definitions in this 
 14.29  subdivision apply to this section. 
 14.30     (a) "Copier paper" means paper purchased for use in copying 
 14.31  machines. 
 14.32     (b) "Office paper" means notepads, loose-leaf fillers, 
 14.33  tablets, and other paper commonly used in offices. 
 14.34     (c) "Postconsumer material" means a finished material that 
 14.35  would normally be discarded as a solid waste, having completed 
 14.36  its life cycle as a consumer item. 
 15.1      (d) "Practicable" means capable of being used, consistent 
 15.2   with performance, in accordance with applicable specifications, 
 15.3   and availability within a reasonable time. 
 15.4      (e) "Printing paper" means paper designed for printing, 
 15.5   other than newsprint, such as offset and publication paper. 
 15.6      (f) "Public entity" means the state, an office, agency, or 
 15.7   institution of the state, the metropolitan council, a 
 15.8   metropolitan agency, the metropolitan mosquito control district, 
 15.9   the legislature, the courts, a county, a statutory or home rule 
 15.10  charter city, a town, a school district, another special taxing 
 15.11  district, or any contractor acting pursuant to a contract with a 
 15.12  public entity. 
 15.13     (g) "Soy-based ink" means printing ink made from soy oil. 
 15.14     (h) "Uncoated" means not coated with plastic, clay, or 
 15.15  other material used to create a glossy finish. 
 15.16     Sec. 11.  Minnesota Statutes 1995 Supplement, section 
 15.17  16B.42, subdivision 1, is amended to read: 
 15.18     Subdivision 1.  [COMPOSITION.] The intergovernmental 
 15.19  information systems advisory council is composed of (1) two 
 15.20  members from each of the following groups:  counties outside of 
 15.21  the seven-county metropolitan area, cities of the second and 
 15.22  third class outside the metropolitan area, cities of the second 
 15.23  and third class within the metropolitan area, and cities of the 
 15.24  fourth class; (2) one member from each of the following groups:  
 15.25  the metropolitan council, an outstate regional body, counties 
 15.26  within the metropolitan area, cities of the first class, school 
 15.27  districts in the metropolitan area, school districts outside the 
 15.28  metropolitan area, and public libraries; (3) one member each 
 15.29  appointed by the state departments of children, families, and 
 15.30  learning, human services, revenue, and economic security, the 
 15.31  office of strategic and long-range planning, and the legislative 
 15.32  auditor; (4) one member from the office of the state auditor, 
 15.33  appointed by the auditor; (5) the assistant commissioner of 
 15.34  administration for the information policy office; (6) one member 
 15.35  appointed by each of the following organizations:  league of 
 15.36  Minnesota cities, association of Minnesota counties, Minnesota 
 16.1   association of township officers, and Minnesota association of 
 16.2   school administrators; and (7) one member of the house of 
 16.3   representatives appointed by the speaker and one member of the 
 16.4   senate appointed by the subcommittee on committees of the 
 16.5   committee on rules and administration.  The legislative members 
 16.6   appointed under clause (7) are nonvoting members.  The 
 16.7   commissioner of administration shall appoint members under 
 16.8   clauses (1) and (2).  The terms, compensation, and removal of 
 16.9   the appointed members of the advisory council are as provided in 
 16.10  section 15.059, but the council does not expire until June 30, 
 16.11  1997. 
 16.12     Sec. 12.  Minnesota Statutes 1995 Supplement, section 
 16.13  47.52, is amended to read: 
 16.14     47.52 [AUTHORIZATION.] 
 16.15     (a) With the prior approval of the commissioner, any bank 
 16.16  doing business in this state may establish and maintain not more 
 16.17  than five detached facilities provided the facilities are 
 16.18  located within the municipality in which the principal office of 
 16.19  the applicant bank is located; or within 5,000 feet of its 
 16.20  principal office measured in a straight line from the closest 
 16.21  points of the closest structures involved; or within 100 miles 
 16.22  of its principal office measured in a straight line from the 
 16.23  closest points of the closest structures involved, if the 
 16.24  detached facility is within any municipality in which no bank is 
 16.25  located at the time of application or if the detached facility 
 16.26  is in a municipality having a population of more than 10,000, or 
 16.27  if the detached facility is located in a municipality having a 
 16.28  population of 10,000 or less, as determined by the commissioner 
 16.29  from the latest available data from the state demographer, or 
 16.30  for municipalities located in the seven-county metropolitan area 
 16.31  from the metropolitan council, and all the banks having a 
 16.32  principal office in the municipality have consented in writing 
 16.33  to the establishment of the facility. 
 16.34     (b) A detached facility shall not be closer than 50 feet to 
 16.35  a detached facility operated by any other bank and shall not be 
 16.36  closer than 100 feet to the principal office of any other bank, 
 17.1   the measurement to be made in the same manner as provided 
 17.2   above.  This paragraph shall not be applicable if the proximity 
 17.3   to the facility or the bank is waived in writing by the other 
 17.4   bank and filed with the application to establish a detached 
 17.5   facility. 
 17.6      (c) Any bank is allowed, in addition to other facilities, 
 17.7   one drive-in or walk-up facility located between 150 to 1,500 
 17.8   feet of the main banking house or within 1,500 feet from a 
 17.9   detached facility.  The drive-in or walk-up facility permitted 
 17.10  by this clause is subject to paragraph (b) and section 47.53. 
 17.11     (d) A bank is allowed, in addition to other facilities, 
 17.12  part-time deposit-taking locations at elementary and secondary 
 17.13  schools located within the municipality in which the main 
 17.14  banking house or a detached facility is located if they are 
 17.15  established in connection with student education programs 
 17.16  approved by the school administration and consistent with safe, 
 17.17  sound banking practices. 
 17.18     (e) A bank whose home state is Minnesota as defined in 
 17.19  section 48.92 is allowed, in addition to facilities otherwise 
 17.20  permitted, to establish and operate a de novo detached facility 
 17.21  in a location in the host states of Iowa, North Dakota, South 
 17.22  Dakota, and Wisconsin not more than 30 miles from its principal 
 17.23  office measured in a straight line from the closest points of 
 17.24  the closest structures involved and subject to requirements of 
 17.25  sections 47.54 and 47.561 and the following additional 
 17.26  requirements and conditions: 
 17.27     (1) there is in effect in the host state a law, rule, or 
 17.28  ruling that permits Minnesota home state banks to establish de 
 17.29  novo branches in the host state under conditions substantially 
 17.30  similar to those imposed by the laws of Minnesota as determined 
 17.31  by the commissioner; and 
 17.32     (2) there is in effect a cooperative agreement between the 
 17.33  home and host state banking regulators to facilitate their 
 17.34  respective regulation and supervision of the bank including the 
 17.35  coordination of examinations. 
 17.36     For purposes of this paragraph, "host state" means a state 
 18.1   other than the home state, as defined in section 48.92. 
 18.2      Sec. 13.  Minnesota Statutes 1994, section 65B.43, 
 18.3   subdivision 20, is amended to read: 
 18.4      Subd. 20.  "Political subdivision" means any statutory or 
 18.5   home rule charter city; county; town; school district; or 
 18.6   metropolitan council, board or commission agency operating under 
 18.7   chapter 473. 
 18.8      Sec. 14.  Minnesota Statutes 1994, section 85.015, 
 18.9   subdivision 14, is amended to read: 
 18.10     Subd. 14.  [STATE TRAIL, RAMSEY AND WASHINGTON COUNTIES.] 
 18.11  (a) The trail shall originate at milepost 446.19 on the Soo Line 
 18.12  Railroad right-of-way in the Southeast Quarter of Section 19, 
 18.13  Township 29 North, Range 22 West, Ramsey County, and shall 
 18.14  extend in an easterly and northeasterly direction along the Soo 
 18.15  Line Railroad right-of-way to milepost 438.33 in the Southwest 
 18.16  Quarter of Section 5, Township 29 North, Range 21 West, in 
 18.17  Washington County, 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 Minnesota 
 18.21  Statutes, section 85.015, subdivision 1, lands and interests in 
 18.22  lands for the trail may be acquired by 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. 15.  Minnesota Statutes 1995 Supplement, section 
 19.16  85.016, is 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 office of strategic and long-range planning.
 19.31  The commissioner shall provide technical assistance to local 
 19.32  units of government in planning and developing bicycle trails in 
 19.33  local parks.  The bicycle trail program shall, as a minimum, 
 19.34  describe the location, design, construction, maintenance, and 
 19.35  land acquisition needs of each component trail and shall give 
 19.36  due consideration to the model standards for the establishment 
 20.1   of recreational vehicle lanes promulgated by the commissioner of 
 20.2   transportation pursuant to section 160.262.  The program shall 
 20.3   be developed after consultation with the state trail council and 
 20.4   regional and local units of government and bicyclist 
 20.5   organizations. 
 20.6      Sec. 16.  Minnesota Statutes 1994, section 85.017, is 
 20.7   amended to read: 
 20.8      85.017 [TRAIL REGISTRY.] 
 20.9      The commissioner of natural resources shall compile and 
 20.10  maintain a current registry of cross-country skiing, hiking, 
 20.11  horseback riding and snowmobiling trails in the state and shall 
 20.12  publish and distribute the information in the manner prescribed 
 20.13  in section 86A.11.  The metropolitan council office of strategic 
 20.14  and long-range planning, the commissioner of trade and economic 
 20.15  development, the Minnesota historical society, and local units 
 20.16  of government shall cooperate with and assist the commissioner 
 20.17  in preparing the registry. 
 20.18     Sec. 17.  Minnesota Statutes 1995 Supplement, section 
 20.19  103B.231, subdivision 3a, is amended to read: 
 20.20     Subd. 3a.  [PRIORITY SCHEDULE.] (a) The board of water and 
 20.21  soil resources in consultation with the state review agencies 
 20.22  and the metropolitan council office of strategic and long-range 
 20.23  planning shall develop a priority schedule for the revision of 
 20.24  plans required under this chapter. 
 20.25     (b) The prioritization should be based on but not be 
 20.26  limited to status of current plan, scheduled revision dates, 
 20.27  anticipated growth and development, existing and potential 
 20.28  problems, and regional water quality goals and priorities. 
 20.29     (c) The schedule will be used by the board of water and 
 20.30  soil resources in consultation with the state review agencies 
 20.31  and the metropolitan council office of strategic and long-range 
 20.32  planning to direct watershed management organizations of when 
 20.33  they will be required to revise their plans. 
 20.34     (d) Upon notification from the board of water and soil 
 20.35  resources that a revision of a plan is required, a watershed 
 20.36  management organization shall have 24 months from the date of 
 21.1   notification to revise and submit a plan for review. 
 21.2      (e) In the event that a plan expires prior to notification 
 21.3   from the board of water and soil resources under this section, 
 21.4   the existing plan, authorities, and official controls of a 
 21.5   watershed management organization shall remain in full force and 
 21.6   effect until a revision is approved. 
 21.7      (f) A one-year extension to submit a revised plan may be 
 21.8   granted by the board. 
 21.9      (g) Watershed management organizations submitting plans and 
 21.10  draft plan amendments for review prior to the board's priority 
 21.11  review schedule, may proceed to adopt and implement the plan 
 21.12  revisions without formal board approval if the board fails to 
 21.13  adjust its priority review schedule for plan review, and 
 21.14  commence its statutory review process within 45 days of 
 21.15  submittal of the plan revision or amendment. 
 21.16     Sec. 18.  Minnesota Statutes 1995 Supplement, section 
 21.17  103B.231, subdivision 7, is amended to read: 
 21.18     Subd. 7.  [REVIEW OF THE DRAFT PLAN.] (a) Upon completion 
 21.19  of the plan but before final adoption by the organization, the 
 21.20  organization must submit the draft plan for a 60-day review and 
 21.21  comment period to all counties, the metropolitan council office 
 21.22  of strategic and long-range planning, the state review agencies, 
 21.23  the board of water and soil resources, soil and water 
 21.24  conservation districts, towns, and statutory and home rule 
 21.25  charter cities having territory within the watershed.  A local 
 21.26  government unit that expects that substantial amendment of its 
 21.27  local comprehensive plan will be necessary to bring local water 
 21.28  management into conformance with the watershed plan must 
 21.29  describe as specifically as possible, within its comments, the 
 21.30  amendments to the local plan that it expects will be necessary.  
 21.31  If the county has a groundwater plan, the county must review and 
 21.32  comment on the consistency of the watershed plan with the county 
 21.33  groundwater plan.  Differences among local governmental agencies 
 21.34  regarding the plan must be mediated.  Notwithstanding sections 
 21.35  103D.401, 103D.405, and 473.165, the council office shall review 
 21.36  the plan in the same manner and with the same authority and 
 22.1   effect as provided for the council's office's review of the 
 22.2   comprehensive plans of local government units under section 
 22.3   473.175.  The council office shall comment on the apparent 
 22.4   conformity with metropolitan system plans of any anticipated 
 22.5   amendments to local comprehensive plans.  The council office 
 22.6   shall advise the board of water and soil resources on whether 
 22.7   the plan conforms with the management objectives and target 
 22.8   pollution loads stated in the council's office's water resources 
 22.9   plan and shall recommend changes in the plan that would satisfy 
 22.10  the council's office's plan. 
 22.11     (b) The watershed management organization must respond in 
 22.12  writing to any concerns expressed by the review agencies within 
 22.13  30 days of receipt thereof. 
 22.14     (c) The watershed management organization must hold a 
 22.15  public hearing on the draft plan no sooner than 30 days and no 
 22.16  later than 45 days after the 60-day review period of the draft 
 22.17  plan.  The board or boards of the affected counties shall 
 22.18  approve or disapprove projects in the capital improvement 
 22.19  program which may require the provision of county funds pursuant 
 22.20  to section 103B.251 or 103D.901, subdivision 2.  Each county has 
 22.21  up until the date of the public hearing on the draft plan to 
 22.22  complete its review of the capital improvement program.  If the 
 22.23  county fails to complete its review within the prescribed 
 22.24  period, unless an extension is agreed to by the organization the 
 22.25  program shall be deemed approved.  If the watershed extends into 
 22.26  more than one county and one or more counties disapprove of all 
 22.27  or part of a capital improvement program while the other county 
 22.28  or counties approve, the program shall be submitted to the board 
 22.29  of water and soil resources for review pursuant to subdivision 9.
 22.30     Sec. 19.  Minnesota Statutes 1995 Supplement, section 
 22.31  103B.231, subdivision 8, is amended to read: 
 22.32     Subd. 8.  [REVIEW BY METROPOLITAN COUNCIL OFFICE OF 
 22.33  STRATEGIC AND LONG-RANGE PLANNING AND STATE REVIEW AGENCIES.] 
 22.34  After completion of the review under subdivision 7, the draft 
 22.35  plan, any amendments thereto, all written comments received on 
 22.36  the plan, a record of the public hearing, and a summary of 
 23.1   changes incorporated as a result of the review process shall be 
 23.2   submitted to the metropolitan council office of strategic and 
 23.3   long-range planning, the state review agencies, and the board of 
 23.4   water and soil resources for final review.  The state review 
 23.5   agencies shall review and comment on the consistency of the plan 
 23.6   with state laws and rules relating to water and related land 
 23.7   resources.  The state review agencies shall forward their 
 23.8   comments within 45 days after they receive the final review 
 23.9   draft of the plan to the board.  A state review agency may 
 23.10  request and receive up to a 30-day extension of this review 
 23.11  period from the board. 
 23.12     Sec. 20.  Minnesota Statutes 1995 Supplement, section 
 23.13  103B.231, subdivision 11, is amended to read: 
 23.14     Subd. 11.  [AMENDMENTS.] To the extent and in the manner 
 23.15  required by the adopted plan, all amendments to the adopted plan 
 23.16  shall be submitted to the towns, cities, county, the 
 23.17  metropolitan council office of strategic and long-range 
 23.18  planning, the state review agencies, and the board of water and 
 23.19  soil resources for review in accordance with the provisions of 
 23.20  subdivisions 7, 8, and 9.  Amendments necessary to revise the 
 23.21  plan to be consistent with the county groundwater plan, as 
 23.22  required by subdivision 4, must be submitted for review in 
 23.23  accordance with subdivisions 7, 8, and 9.  Minor amendments to a 
 23.24  plan shall be reviewed in accordance with standards prescribed 
 23.25  in the watershed management plan.  
 23.26     Sec. 21.  Minnesota Statutes 1995 Supplement, section 
 23.27  103B.235, subdivision 3, is amended to read: 
 23.28     Subd. 3.  [REVIEW.] After consideration but before adoption 
 23.29  by the governing body, each local unit shall submit its water 
 23.30  management plan to the watershed management organization for 
 23.31  review for consistency with the watershed plan adopted pursuant 
 23.32  to section 103B.231.  If the county or counties having territory 
 23.33  within the local unit have a state-approved and locally adopted 
 23.34  groundwater plan, the local unit shall submit its plan to the 
 23.35  county or counties for review.  The county or counties have 45 
 23.36  days to review and comment on the plan.  The organization shall 
 24.1   approve or disapprove the local plan or parts of the plan.  The 
 24.2   organization shall have 60 days to complete its review; 
 24.3   provided, however, that the watershed management organization 
 24.4   shall, as part of its review, take into account the comments 
 24.5   submitted to it by the metropolitan council office of strategic 
 24.6   and long-range planning pursuant to subdivision 3a.  If the 
 24.7   organization fails to complete its review within the prescribed 
 24.8   period, the local plan shall be deemed approved unless an 
 24.9   extension is agreed to by the local unit.  
 24.10     Sec. 22.  Minnesota Statutes 1995 Supplement, section 
 24.11  103B.235, subdivision 3a, is amended to read: 
 24.12     Subd. 3a.  [REVIEW BY METROPOLITAN COUNCIL OFFICE OF 
 24.13  STRATEGIC AND LONG-RANGE PLANNING.] Concurrently with its 
 24.14  submission of its local water management plan to the watershed 
 24.15  management organization as provided in subdivision 3, each local 
 24.16  unit of government shall submit its water management plan to the 
 24.17  metropolitan council office of strategic and long-range planning 
 24.18  for review and comment by the council office.  The council 
 24.19  office shall have 45 days to review and comment upon the local 
 24.20  plan or parts of the plan with respect to consistency with 
 24.21  the council's office's comprehensive development guide for the 
 24.22  metropolitan area.  The council's office's 45-day review period 
 24.23  shall run concurrently with the 60-day review period by the 
 24.24  watershed management organization provided in subdivision 3.  
 24.25  The metropolitan council office shall submit its comments to the 
 24.26  watershed management organization and shall send a copy of its 
 24.27  comments to the local government unit.  If the metropolitan 
 24.28  council office fails to complete its review and make comments to 
 24.29  the watershed management organization within the 45-day period, 
 24.30  the watershed management organization shall complete its review 
 24.31  as provided in subdivision 3. 
 24.32     Sec. 23.  Minnesota Statutes 1995 Supplement, section 
 24.33  103B.255, subdivision 8, is amended to read: 
 24.34     Subd. 8.  [REVIEW OF THE DRAFT PLAN.] (a) Upon completion 
 24.35  of the groundwater plan but before final adoption by the county, 
 24.36  the county shall submit the draft plan for a 60-day review and 
 25.1   comment period to adjoining counties, the metropolitan 
 25.2   council office of strategic and long-range planning, the state 
 25.3   review agencies, the board of water and soil resources, each 
 25.4   soil and water conservation district, town, statutory and home 
 25.5   rule charter city, and watershed management organization having 
 25.6   territory within the county.  The county also shall submit the 
 25.7   plan to any other county or watershed management organization or 
 25.8   district in the affected groundwater system that could affect or 
 25.9   be affected by implementation of the plan.  Any political 
 25.10  subdivision or watershed management organization that expects 
 25.11  that substantial amendment of its plans would be necessary in 
 25.12  order to bring them into conformance with the county groundwater 
 25.13  plan shall describe as specifically as possible, within its 
 25.14  comments, the amendments that it expects would be necessary and 
 25.15  the cost of amendment and implementation.  Reviewing entities 
 25.16  have 60 days to review and comment.  Differences among local 
 25.17  governmental agencies regarding the plan must be mediated.  
 25.18  Notwithstanding sections 103D.401, 103D.405, and 473.165, 
 25.19  the council office shall review the plan in the same manner and 
 25.20  with the same authority and effect as provided in section 
 25.21  473.175 for review of the comprehensive plans of local 
 25.22  government units.  The council office shall comment on the 
 25.23  apparent conformity with metropolitan system plans of any 
 25.24  anticipated amendments to watershed plans and local 
 25.25  comprehensive plans.  The council office shall advise the board 
 25.26  of water and soil resources on whether the plan conforms with 
 25.27  the management objectives stated in the council's office's water 
 25.28  resources plan and shall recommend changes in the plan that 
 25.29  would satisfy the council's office's plan. 
 25.30     (b) The county must respond in writing to any concerns 
 25.31  expressed by the reviewing agencies within 30 days of receipt 
 25.32  thereof. 
 25.33     (c) The county shall hold a public hearing on the draft 
 25.34  plan no sooner than 30 days and no later than 45 days after the 
 25.35  60-day review period of the draft plan. 
 25.36     Sec. 24.  Minnesota Statutes 1995 Supplement, section 
 26.1   103B.255, subdivision 9, is amended to read: 
 26.2      Subd. 9.  [REVIEW BY METROPOLITAN COUNCIL OFFICE OF 
 26.3   STRATEGIC AND LONG-RANGE PLANNING AND STATE AGENCIES.] After 
 26.4   completion of the review under subdivision 8, the draft plan, 
 26.5   any amendments thereto, all written comments received on the 
 26.6   plan, a record of the public hearing, and a summary of changes 
 26.7   incorporated as part of the review process must be submitted to 
 26.8   the metropolitan council office of strategic and long-range 
 26.9   planning, the state review agencies, and the board of water and 
 26.10  soil resources for final review.  The state review agencies 
 26.11  shall review and comment on the consistency of the plan with 
 26.12  state laws and rules relating to water and related land 
 26.13  resources.  The state review agencies shall forward their 
 26.14  comments to the board within 45 days after they receive the 
 26.15  final review draft of the plan.  A state review agency may 
 26.16  request and receive up to a 30-day extension of this review 
 26.17  period from the board. 
 26.18     Sec. 25.  Minnesota Statutes 1995 Supplement, section 
 26.19  103B.255, subdivision 12, is amended to read: 
 26.20     Subd. 12.  [AMENDMENTS.] To the extent and in the manner 
 26.21  required by the adopted plan, all amendments to the adopted plan 
 26.22  must be submitted to the towns, cities, counties, the 
 26.23  metropolitan council office of strategic and long-range 
 26.24  planning, the state review agencies, and the board of water and 
 26.25  soil resources for review in accordance with the provisions of 
 26.26  subdivisions 8 to 10.  
 26.27     Sec. 26.  Minnesota Statutes 1995 Supplement, section 
 26.28  103D.401, subdivision 1, is amended to read: 
 26.29     Subdivision 1.  [CONTENTS.] (a) The managers must adopt a 
 26.30  watershed management plan for any or all of the purposes for 
 26.31  which a watershed district may be established.  The watershed 
 26.32  management plan must give a narrative description of existing 
 26.33  water and water-related problems within the watershed district, 
 26.34  possible solutions to the problems, and the general objectives 
 26.35  of the watershed district.  The watershed management plan must 
 26.36  also conform closely with watershed management plan guidelines 
 27.1   as adopted and amended from time to time by the board of water 
 27.2   and soil resources.  
 27.3      (b) The watershed management plan may include a separate 
 27.4   section on proposed projects.  If the watershed district is 
 27.5   within the metropolitan area, the separate section of proposed 
 27.6   projects or petitions for projects to be undertaken according to 
 27.7   the watershed management plan is a comprehensive plan of the 
 27.8   watershed district for purposes of review by the metropolitan 
 27.9   council office of strategic and long-range planning under 
 27.10  section 473.165.  
 27.11     Sec. 27.  Minnesota Statutes 1995 Supplement, section 
 27.12  103D.401, subdivision 2, is amended to read: 
 27.13     Subd. 2.  [REVIEW.] The managers must send a copy of the 
 27.14  proposed watershed management plan to the county auditor of each 
 27.15  county affected by the watershed district, the board, the 
 27.16  commissioner, the director, the governing body of each 
 27.17  municipality affected by the watershed district, and soil and 
 27.18  water conservation districts affected by the watershed 
 27.19  district.  For a watershed district within the metropolitan 
 27.20  area, a copy of the proposed watershed management plan must also 
 27.21  be submitted to the metropolitan council office of strategic and 
 27.22  long-range planning.  
 27.23     Sec. 28.  Minnesota Statutes 1994, section 103D.401, 
 27.24  subdivision 3, is amended to read: 
 27.25     Subd. 3.  [DIRECTOR'S AND METROPOLITAN COUNCIL'S OFFICE OF 
 27.26  STRATEGIC AND LONG-RANGE PLANNING'S RECOMMENDATIONS.] After 
 27.27  receiving the watershed management plan, the director and 
 27.28  the metropolitan council office of strategic and long-range 
 27.29  planning must review and make recommendations on the watershed 
 27.30  management plan.  By 60 days after receiving the plan, the 
 27.31  director and the metropolitan council office must send their 
 27.32  recommendations on the watershed management plan to the board 
 27.33  and a copy to the managers of the watershed district, the county 
 27.34  auditor of each county affected by the watershed district, the 
 27.35  governing bodies of all municipalities affected by the watershed 
 27.36  district, and soil and water conservation districts affected by 
 28.1   the watershed district.  The board may extend the period for 
 28.2   review and transmittal of the recommendations.  
 28.3      Sec. 29.  Minnesota Statutes 1994, section 103D.401, 
 28.4   subdivision 4, is amended to read: 
 28.5      Subd. 4.  [HEARING NOTICE.] (a) The board must give notice 
 28.6   and hold a watershed management plan hearing on the proposed 
 28.7   watershed management plan by 45 days after receiving the 
 28.8   director's and metropolitan council's office of strategic and 
 28.9   long-range planning's recommendations.  
 28.10     (b) The board must give notice of the watershed management 
 28.11  plan hearing by publication in a legal newspaper that is 
 28.12  published in counties affected by the watershed district.  The 
 28.13  last publication must occur at least ten days before the 
 28.14  watershed management plan hearing. 
 28.15     (c) The board must give notice of the watershed management 
 28.16  plan hearing by mail to the auditors of counties and to the 
 28.17  chief executive officials of municipalities affected by the 
 28.18  watershed district.  
 28.19     (d) The notice must include: 
 28.20     (1) a statement that a copy of the proposed watershed 
 28.21  management plan has been filed with the board, the metropolitan 
 28.22  council office of strategic and long-range planning, where 
 28.23  applicable, the auditors of counties affected by the proposed 
 28.24  watershed district, the commissioner, the director, the 
 28.25  governing body of each municipality affected by the watershed 
 28.26  district, and the soil and water conservation districts affected 
 28.27  by the watershed district; 
 28.28     (2) a general description of the purpose of the watershed 
 28.29  district; 
 28.30     (3) a general description of the property included in the 
 28.31  watershed district; 
 28.32     (4) a general description of the proposed watershed 
 28.33  management plan; 
 28.34     (5) the date, time, and location of the hearing; and 
 28.35     (6) a statement that all persons affected or interested in 
 28.36  the watershed district may attend and give statements at the 
 29.1   watershed management plan hearing.  
 29.2      Sec. 30.  Minnesota Statutes 1994, section 103D.401, 
 29.3   subdivision 5, is amended to read: 
 29.4      Subd. 5.  [BOARD APPROVAL.] After the watershed management 
 29.5   plan hearing, the board must, by order, prescribe and approve a 
 29.6   watershed management plan for the watershed district.  The board 
 29.7   must send a copy of the order and approved watershed management 
 29.8   plan to the managers, the county board of each county affected 
 29.9   by the watershed district, the commissioner, the director, the 
 29.10  metropolitan council office of strategic and long-range 
 29.11  planning, where applicable, the governing body of each 
 29.12  municipality affected by the watershed district, and soil and 
 29.13  water conservation districts affected by the watershed 
 29.14  district.  The watershed management plan approved by the board 
 29.15  is the watershed management plan for the watershed district.  
 29.16     Sec. 31.  Minnesota Statutes 1994, section 103D.405, 
 29.17  subdivision 3, is amended to read: 
 29.18     Subd. 3.  [REVIEW.] The managers must send a copy of the 
 29.19  revised watershed management plan to the board, the county board 
 29.20  and county auditor of each county affected by the watershed 
 29.21  district, the director, the governing body of each municipality 
 29.22  affected by the watershed district, soil and water conservation 
 29.23  districts affected by the watershed district, and the 
 29.24  metropolitan council office of strategic and long-range 
 29.25  planning, if the watershed district is within the metropolitan 
 29.26  area.  
 29.27     Sec. 32.  Minnesota Statutes 1994, section 103D.405, 
 29.28  subdivision 4, is amended to read: 
 29.29     Subd. 4.  [DIRECTOR'S AND METROPOLITAN COUNCIL'S OFFICE OF 
 29.30  STRATEGIC AND LONG-RANGE PLANNING RECOMMENDATIONS.] The director 
 29.31  and the metropolitan council office of strategic and long-range 
 29.32  planning, if applicable, must review and make recommendations on 
 29.33  the revised watershed management plan.  By 60 days after 
 29.34  receiving the revised watershed management plan unless the time 
 29.35  is extended by the board, the director and the council office 
 29.36  must send the recommendations on the revised watershed 
 30.1   management plan to the board, and a copy of the recommendations 
 30.2   to the managers, the county auditor of each county affected by 
 30.3   the watershed district, the governing body of each municipality 
 30.4   affected by the watershed district, and soil and water 
 30.5   conservation districts affected by the watershed district.  
 30.6      Sec. 33.  Minnesota Statutes 1994, section 103D.405, 
 30.7   subdivision 5, is amended to read: 
 30.8      Subd. 5.  [NOTICE.] (a) The board must give notice and hold 
 30.9   a revised watershed management plan hearing on the proposed 
 30.10  revised watershed management plan by 45 days after receiving the 
 30.11  director's and metropolitan council's office's recommendation.  
 30.12     (b) The board must give notice of the revised watershed 
 30.13  management plan hearing by publication in a legal newspaper 
 30.14  published in counties affected by the watershed district.  The 
 30.15  last publication must occur at least ten days before the revised 
 30.16  watershed management plan hearing. 
 30.17     (c) The board must give notice of the revised watershed 
 30.18  management plan hearing by mail to the auditors of counties and 
 30.19  to the chief executive officials of municipalities affected by 
 30.20  the watershed district.  
 30.21     (d) The notice must include: 
 30.22     (1) a statement that a copy of the proposed revised 
 30.23  watershed management plan has been filed with the board, the 
 30.24  metropolitan council office, where applicable, the auditors of 
 30.25  counties affected by the proposed watershed district, the 
 30.26  commissioner, the director, the governing body of each 
 30.27  municipality affected by the watershed district, and the soil 
 30.28  and water conservation districts affected by the watershed 
 30.29  district; 
 30.30     (2) a general description of the purpose of the watershed 
 30.31  district; 
 30.32     (3) a general description of the property included in the 
 30.33  watershed district; 
 30.34     (4) a general description of the proposed revised watershed 
 30.35  management plan; 
 30.36     (5) the date, time, and location of the hearing; and 
 31.1      (6) a statement that all persons affected or interested in 
 31.2   the watershed district may attend and give statements at the 
 31.3   revised watershed management plan hearing.  
 31.4      Sec. 34.  Minnesota Statutes 1994, section 103D.405, 
 31.5   subdivision 6, is amended to read: 
 31.6      Subd. 6.  [BOARD ORDER.] After the revised watershed 
 31.7   management plan hearing, the board must prescribe a revised 
 31.8   watershed management plan for the watershed district.  The board 
 31.9   must send a copy of the order and approved revised watershed 
 31.10  management plan to the managers, the county board of each county 
 31.11  affected by the watershed district, the commissioner, the 
 31.12  director, the metropolitan council office, where applicable, and 
 31.13  soil and water conservation districts affected by the watershed 
 31.14  district.  The revised watershed management plan approved by the 
 31.15  board is the revised watershed management plan for the watershed 
 31.16  district.  
 31.17     Sec. 35.  Minnesota Statutes 1994, section 103F.715, is 
 31.18  amended to read: 
 31.19     103F.715 [CLEAN WATER PARTNERSHIP PROGRAM ESTABLISHED.] 
 31.20     A clean water partnership program is established as 
 31.21  provided in sections 103F.701 to 103F.761.  The agency shall 
 31.22  administer the program in accordance with these sections.  As a 
 31.23  basis for the program, the agency and the metropolitan council 
 31.24  shall conduct an assessment of waters in accordance with section 
 31.25  103F.721.  The agency shall then provide financial and technical 
 31.26  assistance in accordance with section 103F.725 to local units of 
 31.27  government for projects in geographical areas that contribute to 
 31.28  surface or ground water flows.  The projects shall provide for 
 31.29  protection and improvement of surface and ground water from 
 31.30  nonpoint sources of water pollution.  
 31.31     Sec. 36.  Minnesota Statutes 1994, section 103F.721, is 
 31.32  amended to read: 
 31.33     103F.721 [STATEWIDE RESOURCE ASSESSMENT.] 
 31.34     The agency shall conduct an assessment of waters of the 
 31.35  state that have been polluted by nonpoint sources and of 
 31.36  geographical areas with waters of the state that have a high 
 32.1   potential for water pollution caused by nonpoint sources.  The 
 32.2   metropolitan council shall conduct the assessment in the 
 32.3   metropolitan area, as defined in section 473.121, subdivision 2, 
 32.4   in cooperation with the agency.  
 32.5      Sec. 37.  Minnesota Statutes 1994, section 103F.761, 
 32.6   subdivision 1, is amended to read: 
 32.7      Subdivision 1.  [PROJECT COORDINATION TEAM; MEMBERSHIP.] 
 32.8   The commissioner shall establish and chair a project 
 32.9   coordination team made up of representatives of the pollution 
 32.10  control agency, department of natural resources, board of water 
 32.11  and soil resources, department of agriculture, department of 
 32.12  health, Minnesota extension service, University of Minnesota 
 32.13  agricultural experiment stations, United States Army Corps of 
 32.14  Engineers, United States Environmental Protection Agency, United 
 32.15  States Department of Agriculture Agricultural Stabilization and 
 32.16  Conservation Service, United States Department of Agriculture 
 32.17  Soil Conservation Service, metropolitan council, Association of 
 32.18  Minnesota Counties, League of Minnesota Cities, Minnesota 
 32.19  Association of Townships, and other agencies as the commissioner 
 32.20  may determine.  
 32.21     Sec. 38.  Minnesota Statutes 1994, section 103G.293, is 
 32.22  amended to read: 
 32.23     103G.293 [STATEWIDE DROUGHT PLAN.] 
 32.24     The commissioner shall establish a plan to respond to 
 32.25  drought-related emergencies and to prepare a statewide framework 
 32.26  for drought response.  The plan must consider metropolitan water 
 32.27  supply plans of the metropolitan council office of strategic and 
 32.28  long-range planning prepared under section 473.156.  The plan 
 32.29  must provide a framework for implementing drought response 
 32.30  actions in a staged approach related to decreasing levels of 
 32.31  flows.  Permits issued under section 103G.271 must provide 
 32.32  conditions on water appropriation consistent with the drought 
 32.33  response plan established by this section.  
 32.34     Sec. 39.  Minnesota Statutes 1994, section 115A.08, 
 32.35  subdivision 5, is amended to read: 
 32.36     Subd. 5.  [REPORT ON MITIGATION OF LOCAL EFFECTS OF 
 33.1   HAZARDOUS WASTE FACILITIES.] The board through its chair shall 
 33.2   report and make recommendations on methods of mitigating and 
 33.3   compensating for the local risks, costs, and other adverse 
 33.4   effects of various types of hazardous waste facilities and on 
 33.5   methods of financing mitigation and compensation measures.  The 
 33.6   methods of mitigating and compensating to be considered must 
 33.7   include but not be limited to the following:  payment outside of 
 33.8   levy limitations in lieu of taxes for all property taken off the 
 33.9   tax rolls; preference in reviews of applications for federal 
 33.10  funds conducted by the metropolitan council office of strategic 
 33.11  and long-range planning, for the metropolitan area, and regional 
 33.12  development commissions; payment of all costs to service the 
 33.13  facilities including the cost of roads, monitoring, inspection, 
 33.14  enforcement, police and fire, and litter clean up costs; payment 
 33.15  for buffer zone amenities and improvement; local control over 
 33.16  buffer zone design; a guarantee against any and all liability 
 33.17  that may occur.  The recommendations on processing facilities 
 33.18  must be made with the report required by subdivision 4.  The 
 33.19  recommendations on disposal facilities must be made with the 
 33.20  report required by subdivision 5b.  
 33.21     Sec. 40.  Minnesota Statutes 1994, section 115A.08, 
 33.22  subdivision 6, is amended to read: 
 33.23     Subd. 6.  [PREPARATION OF HAZARDOUS WASTE REPORTS; 
 33.24  PROCEDURES; PUBLIC INVOLVEMENT.] By January 1, 1981, the board 
 33.25  through its chair shall submit a proposed scope of work and work 
 33.26  program for the hazardous waste reports required by subdivisions 
 33.27  4 and 5 to the legislative commission for review. During the 
 33.28  preparation of the proposed scope of work and work plan and the 
 33.29  reports, the board and the chair on behalf of the board shall 
 33.30  encourage public debate and discussion of the issues relating to 
 33.31  the reports.  Representatives of the board, including at least 
 33.32  one permanent member, shall meet with local officials and 
 33.33  sponsor at least one public meeting in areas of the state 
 33.34  affected by the inventory of preferred processing facility areas 
 33.35  prepared pursuant to section 115A.09.  The board and the chair 
 33.36  on behalf of the board shall follow the procedures set out in 
 34.1   section 115A.22, for consulting with citizens in areas affected 
 34.2   by the selection of candidate sites for disposal facilities.  To 
 34.3   assist it in preparing the reports, the plan, and the 
 34.4   certification of need required by subdivisions 4 to 5a and 
 34.5   sections 115A.11 and 115A.24, the board through its chair shall 
 34.6   make grants to each local project review committee established 
 34.7   for a candidate site for disposal identified under sections 
 34.8   115A.18 to 115A.30.  The grants may be used by the committee to 
 34.9   employ staff, pay administrative expenses, or contract with 
 34.10  affected units of government or qualified consultants.  The 
 34.11  board and the chair on behalf of the board shall request 
 34.12  recommendations from the private waste management industry, the 
 34.13  board's advisory councils, affected regional development 
 34.14  commissions, and the metropolitan council office of strategic 
 34.15  and long-range planning, for the metropolitan area, and shall 
 34.16  consult with them on the board's intended disposition of the 
 34.17  recommendations.  The reports of the board shall summarize the 
 34.18  comments received and the board's response to the comments.  
 34.19  Copies of the reports must be submitted to the legislative 
 34.20  commission on waste management.  
 34.21     Sec. 41.  Minnesota Statutes 1994, section 115A.09, 
 34.22  subdivision 3, is amended to read: 
 34.23     Subd. 3.  [PROCEDURES.] The board shall propose the 
 34.24  inventory of areas by August 1, 1981 by publication in the state 
 34.25  register and newspapers of general circulation in the state and 
 34.26  by mail to each regional development commission or metropolitan 
 34.27  council the office of strategic and long-range planning, for the 
 34.28  metropolitan area, and local government unit containing a 
 34.29  proposed area.  The publications and mailing shall include 
 34.30  notice of hearings on the board's proposal.  The hearings shall 
 34.31  be conducted by the state office of administrative hearings in a 
 34.32  manner determined by the administrative law judge to be 
 34.33  consistent with the completion of the proceedings and the 
 34.34  administrative law judge's report in the time allowed by this 
 34.35  section.  At the hearing, any local government unit in which an 
 34.36  area is proposed for inclusion in the inventory may propose an 
 35.1   alternative area or areas within its jurisdiction.  The hearing 
 35.2   shall afford all interested persons an opportunity to testify 
 35.3   and present evidence on the subject of the hearing.  The subject 
 35.4   of the hearing shall be limited to information submitted by the 
 35.5   board and additional information on the proposed area or 
 35.6   alternative areas which is relevant to the board's decision on 
 35.7   the areas to be included in the inventory.  The rulemaking and 
 35.8   contested case procedures of chapter 14 shall not apply to this 
 35.9   hearing.  The administrative law judge may consolidate 
 35.10  hearings.  The report of the administrative law judge shall 
 35.11  contain findings of fact, conclusions, and recommendations on 
 35.12  the subject of the hearing.  When any area in the inventory 
 35.13  becomes unavailable as a hazardous waste facility site, the 
 35.14  inventory shall be amended, in the manner of its original 
 35.15  adoption, provided, however, that during the period when the 
 35.16  inventory is being amended any other area in the inventory may 
 35.17  be reviewed and approved under sections 115A.32 to 115A.39.  No 
 35.18  action of the board shall be held invalid by reason of the 
 35.19  board's failure to notify any of the entities listed in this 
 35.20  subdivision. 
 35.21     Sec. 42.  Minnesota Statutes 1994, section 115A.21, 
 35.22  subdivision 2, is amended to read: 
 35.23     Subd. 2.  [SEARCH PROCEDURE.] The board shall consult with 
 35.24  the agency and the private waste management industry in 
 35.25  selecting candidate sites.  Any sites proposed in applications 
 35.26  for permits for stabilization and containment facilities being 
 35.27  reviewed by the agency may be included by the board as candidate 
 35.28  sites, provided the agency certifies the intrinsic suitability 
 35.29  of the sites.  The agency shall suspend its review of any permit 
 35.30  application being reviewed by the board for inclusion as a 
 35.31  candidate site until the site is eliminated from consideration 
 35.32  as a candidate site. 
 35.33     As soon as practicable, the board through its chair shall 
 35.34  publish a request soliciting proposals and permit applications 
 35.35  for hazardous waste stabilization and containment facilities 
 35.36  from potential developers and operators of such facilities.  
 36.1   Notice of the request shall be published in the State Register 
 36.2   and newspapers of general circulation in the state and shall be 
 36.3   transmitted to all regional development commissions, the 
 36.4   metropolitan council office of strategic and long-range 
 36.5   planning, for the metropolitan area, and all counties in the 
 36.6   state.  The board may select conceptual design and operating 
 36.7   specifications for a variety of hazardous waste stabilization 
 36.8   and containment facilities in sufficient detail and extent in 
 36.9   the judgment of the board to assist the evaluation of sites and 
 36.10  the selection of candidate sites.  By November 1, 1980, the 
 36.11  board through its chair shall notify each regional development 
 36.12  commission, or the metropolitan council office of strategic and 
 36.13  long-range planning, for the metropolitan area, and each local 
 36.14  government unit within whose jurisdiction the board intends to 
 36.15  search for candidate sites.  The notification shall explain the 
 36.16  selection of the jurisdiction as a search area; shall summarize 
 36.17  any conceptual specifications and the evaluation factors, 
 36.18  criteria, standards, and procedures the board intends to use in 
 36.19  selecting candidate sites; and shall describe the relationship 
 36.20  of the candidate site selection process to the other review 
 36.21  procedures under sections 115A.18 to 115A.30 and the hazardous 
 36.22  waste reports and plans required under sections 115A.055 to 
 36.23  115A.15.  The notification shall request recommendations and 
 36.24  suggestions from each such commission, the metropolitan council 
 36.25  office of strategic and long-range planning, for the 
 36.26  metropolitan area, and local government unit on the criteria, 
 36.27  standards, and procedures the board should use in selecting 
 36.28  candidate sites within the time allowed.  The board through its 
 36.29  chair shall make a written response to any recommendations, 
 36.30  explaining its disposition of the recommendations.  No action of 
 36.31  the board may be held invalid by reason of the board's failure 
 36.32  to notify any of the entities listed in this subdivision.  
 36.33     Sec. 43.  Minnesota Statutes 1994, section 115A.21, 
 36.34  subdivision 2a, is amended to read: 
 36.35     Subd. 2a.  [INTRINSIC SUITABILITY CERTIFICATION.] The board 
 36.36  shall provide to the agency data relating to the intrinsic 
 37.1   suitability of a site to be proposed as a candidate site as soon 
 37.2   as available.  The commissioner of the agency shall issue notice 
 37.3   indicating whether the commissioner recommends that the proposed 
 37.4   sites should be certified as intrinsically suitable.  The board 
 37.5   through its chair and the commissioner shall publish notice of 
 37.6   hearings on the board's proposal and the commissioner's 
 37.7   recommendations.  Notice shall be published in the state 
 37.8   register and newspapers of general circulation in the state and 
 37.9   shall be sent by mail to all regional development commissions, 
 37.10  or the metropolitan council office of strategic and long-range 
 37.11  planning, for the metropolitan area, and to local government 
 37.12  units containing a proposed candidate site.  The hearings shall 
 37.13  be conducted by the state office of administrative hearings in a 
 37.14  manner consistent with the completion of the proceedings and the 
 37.15  administrative law judge's report to the agency and board in the 
 37.16  time allowed by this section.  The hearing shall afford all 
 37.17  interested persons an opportunity to testify and present 
 37.18  evidence on the subject of the hearing.  The subject of the 
 37.19  hearing shall be limited to information submitted by the board 
 37.20  and additional information on the proposed sites which is 
 37.21  relevant to the board's decision on candidate sites and the 
 37.22  agency's decision on intrinsic suitability.  The rulemaking and 
 37.23  contested case procedures of chapter 14 shall not apply to this 
 37.24  hearing.  The administrative law judge may consolidate 
 37.25  hearings.  The report of the administrative law judge shall 
 37.26  contain findings of fact, conclusions, and recommendations on 
 37.27  the subject of the hearing.  The agency shall make a final 
 37.28  determination as to the intrinsic suitability of each proposed 
 37.29  site and shall certify sites accordingly.  No action of the 
 37.30  board or agency may be held invalid by reason of the board's or 
 37.31  agency's failure to notify any of the entities listed in this 
 37.32  subdivision. 
 37.33     Sec. 44.  Minnesota Statutes 1995 Supplement, section 
 37.34  115A.471, is amended to read: 
 37.35     115A.471 [PUBLIC ENTITIES; MANAGEMENT OF SOLID WASTE.] 
 37.36     (a) Prior to entering into or approving a contract for the 
 38.1   management of mixed municipal solid waste which would manage the 
 38.2   waste using a waste management practice that is ranked lower on 
 38.3   the list of preferred waste management practices in section 
 38.4   115A.02, paragraph (b), than the waste management practice 
 38.5   selected for such waste in the county plan for the county in 
 38.6   which the waste was generated, a public entity must: 
 38.7      (1) determine the potential liability to the public entity 
 38.8   and its taxpayers for managing the waste in this manner; 
 38.9      (2) develop and implement a plan for managing the potential 
 38.10  liability; and 
 38.11     (3) submit the information from clauses (1) and (2) to the 
 38.12  agency. 
 38.13     (b) For the purpose of this subdivision, "public entity" 
 38.14  means the state; an office, agency, or institution of the state; 
 38.15  the metropolitan council; a metropolitan agency; the 
 38.16  metropolitan mosquito control district; the legislature; the 
 38.17  courts; a county; a statutory or home rule charter city; a town; 
 38.18  a school district; another special taxing district; or any other 
 38.19  general or special purpose unit of government in the state. 
 38.20     Sec. 45.  Minnesota Statutes 1994, section 115A.52, is 
 38.21  amended to read: 
 38.22     115A.52 [TECHNICAL ASSISTANCE FOR PROJECTS.] 
 38.23     The director shall ensure the delivery of technical 
 38.24  assistance for projects eligible under the program.  The 
 38.25  director may contract for the delivery of technical assistance 
 38.26  by any state or federal agency, a regional development 
 38.27  commission, the metropolitan council, or private consultants and 
 38.28  may use program funds to reimburse the agency, commission, 
 38.29  council, or consultants.  The director shall prepare and publish 
 38.30  an inventory of sources of technical assistance, including 
 38.31  studies, publications, agencies, and persons available.  The 
 38.32  director shall ensure statewide benefit from projects assisted 
 38.33  under the program by developing exchange and training programs 
 38.34  for local officials and employees and by using the experience 
 38.35  gained in projects to provide technical assistance and education 
 38.36  for other solid waste management projects in the state. 
 39.1      Sec. 46.  Minnesota Statutes 1994, section 116D.04, 
 39.2   subdivision 1a, is amended to read: 
 39.3      Subd. 1a.  For the purposes of this chapter, the following 
 39.4   terms have the meanings given to them in this subdivision.  
 39.5      (a) "Natural resources" has the meaning given it in section 
 39.6   116B.02, subdivision 4.  
 39.7      (b) "Pollution, impairment or destruction" has the meaning 
 39.8   given it in section 116B.02, subdivision 5.  
 39.9      (c) "Environmental assessment worksheet" means a brief 
 39.10  document which is designed to set out the basic facts necessary 
 39.11  to determine whether an environmental impact statement is 
 39.12  required for a proposed action.  
 39.13     (d) "Governmental action" means activities, including 
 39.14  projects wholly or partially conducted, permitted, assisted, 
 39.15  financed, regulated, or approved by units of government 
 39.16  including the federal government.  
 39.17     (e) "Governmental unit" means any state agency and any 
 39.18  general or special purpose unit of government in the state 
 39.19  including, but not limited to, watershed districts organized 
 39.20  under chapter 103D, counties, towns, cities, port authorities, 
 39.21  housing authorities, and economic development authorities 
 39.22  established under sections 469.090 to 469.108, but not including 
 39.23  courts, school districts, and regional development commissions 
 39.24  other than the metropolitan council.  
 39.25     Sec. 47.  Minnesota Statutes 1994, section 116G.03, 
 39.26  subdivision 5, is amended to read: 
 39.27     Subd. 5.  "Regional development commission" means any 
 39.28  regional development commission created pursuant to sections 
 39.29  462.381 to 462.396 and the metropolitan council created by 
 39.30  chapter 473.  
 39.31     Sec. 48.  Minnesota Statutes 1995 Supplement, section 
 39.32  116G.15, is amended to read: 
 39.33     116G.15 [MISSISSIPPI RIVER CRITICAL AREA.] 
 39.34     (a) The federal Mississippi National River and Recreation 
 39.35  Area established pursuant to United States Code, title 16, 
 39.36  section 460zz-2(k), is designated an area of critical concern in 
 40.1   accordance with this chapter.  The governor shall review the 
 40.2   existing Mississippi river critical area plan and specify any 
 40.3   additional standards and guidelines to affected communities in 
 40.4   accordance with section 116G.06, subdivision 2, paragraph (b), 
 40.5   clauses (3) and (4), needed to insure preservation of the area 
 40.6   pending the completion of the federal plan. 
 40.7      The results of an environmental impact statement prepared 
 40.8   under chapter 116D begun before and completed after July 1, 
 40.9   1994, for a proposed project that is located in the Mississippi 
 40.10  river critical area north of the United States Army Corps of 
 40.11  Engineers Lock and Dam Number One must be submitted in a report 
 40.12  to the chairs of the environment and natural resources policy 
 40.13  and finance committees of the house of representatives and the 
 40.14  senate prior to the issuance of any state or local permits and 
 40.15  the authorization for an issuance of any bonds for the project.  
 40.16  A report made under this paragraph shall be submitted by the 
 40.17  responsible governmental unit that prepared the environmental 
 40.18  impact statement, and must list alternatives to the project that 
 40.19  are determined by the environmental impact statement to be 
 40.20  economically less expensive and environmentally superior to the 
 40.21  proposed project and identify any legislative actions that may 
 40.22  assist in the implementation of environmentally superior 
 40.23  alternatives.  This paragraph does not apply to a proposed 
 40.24  project to be carried out by the metropolitan council or a 
 40.25  metropolitan agency as defined in section 473.121. 
 40.26     (b) If the results of an environmental impact statement 
 40.27  required to be submitted by paragraph (a) indicate that there is 
 40.28  an economically less expensive and environmentally superior 
 40.29  alternative, then no member agency of the environmental quality 
 40.30  board shall issue a permit for the facility that is the subject 
 40.31  of the environmental impact statement, other than an 
 40.32  economically less expensive and environmentally superior 
 40.33  alternative, nor shall any government bonds be issued for the 
 40.34  facility, other than an economically less expensive and 
 40.35  environmentally superior alternative, until after the 
 40.36  legislature has adjourned its regular session sine die in 1996. 
 41.1      Sec. 49.  Minnesota Statutes 1994, section 116J.401, is 
 41.2   amended to read: 
 41.3      116J.401 [POWERS AND DUTIES.] 
 41.4      The commissioner of trade and economic development shall:  
 41.5      (1) provide regional development commissions, the 
 41.6   metropolitan council office of strategic and long-range 
 41.7   planning, and units of local government with information, 
 41.8   technical assistance, training, and advice on using federal and 
 41.9   state programs; 
 41.10     (2) receive and administer the small cities community 
 41.11  development block grant program authorized by Congress under the 
 41.12  Housing and Community Development Act of 1974, as amended; 
 41.13     (3) receive and administer the section 107 technical 
 41.14  assistance program grants authorized by Congress under the 
 41.15  Housing and Community Development Act of 1974, as amended; 
 41.16     (4) receive and administer grants for the Minnesota jail 
 41.17  resource center authorized by Congress under the Juvenile 
 41.18  Justice and Delinquency Prevention Act of 1974, as amended; 
 41.19     (5) receive and administer other state and federal grants 
 41.20  and grant programs for planning, community affairs, community 
 41.21  development purposes, and other state and federal programs 
 41.22  assigned to the department by law or by the governor in 
 41.23  accordance with section 4.07; and 
 41.24     (6) receive applications for state and federal grants and 
 41.25  grant programs for planning, community affairs, and community 
 41.26  development purposes, and other state and federal programs 
 41.27  assigned to the department by law or by the governor in 
 41.28  accordance with section 4.07.  
 41.29     Sec. 50.  Minnesota Statutes 1995 Supplement, section 
 41.30  116J.402, is amended to read: 
 41.31     116J.402 [COOPERATIVE CONTRACTS.] 
 41.32     The commissioner of trade and economic development may 
 41.33  apply for, receive, and spend money for community development 
 41.34  from municipal, county, regional, and other planning agencies. 
 41.35  The commissioner may also apply for, accept, and disburse grants 
 41.36  and other aids for community development and related planning 
 42.1   from the federal government and other sources.  The commissioner 
 42.2   may enter into contracts with agencies of the federal 
 42.3   government, local governmental units, regional development 
 42.4   commissions, and the metropolitan council, other state agencies, 
 42.5   the University of Minnesota, and other educational institutions, 
 42.6   and private persons as necessary to perform the commissioner's 
 42.7   duties.  Contracts made according to this section, except those 
 42.8   with private persons, are not subject to the provisions of 
 42.9   chapter 16B concerning competitive bidding.  
 42.10     The commissioner may apply for, receive, and spend money 
 42.11  made available from federal sources or other sources for the 
 42.12  purposes of carrying out the duties and responsibilities of the 
 42.13  commissioner.  
 42.14     Money received by the commissioner under this section must 
 42.15  be deposited in the state treasury and is appropriated to the 
 42.16  commissioner for the purposes for which the money has been 
 42.17  received.  The money does not cancel and is available until 
 42.18  spent.  
 42.19     Sec. 51.  Minnesota Statutes 1994, section 116M.14, 
 42.20  subdivision 4, is amended to read: 
 42.21     Subd. 4.  [LOW-INCOME AREA.] "Low-income area" means 
 42.22  Minneapolis, St. Paul, and inner ring suburbs as defined by the 
 42.23  metropolitan council office of strategic and long-range planning 
 42.24  that had a median household income below $31,000 as reported in 
 42.25  the 1990 census. 
 42.26     Sec. 52.  Minnesota Statutes 1994, section 116M.15, 
 42.27  subdivision 1, is amended to read: 
 42.28     Subdivision 1.  [CREATION; MEMBERSHIP.] The urban 
 42.29  initiative board is created and consists of the commissioners of 
 42.30  trade and economic development and economic security, the chair 
 42.31  director of the metropolitan council office of strategic and 
 42.32  long-range planning, and eight members from the general public 
 42.33  appointed by the governor.  Six of the public members must be 
 42.34  representatives from minority business enterprises.  No more 
 42.35  than four of the public members may be of one gender.  All 
 42.36  public members must be experienced in business or economic 
 43.1   development. 
 43.2      Sec. 53.  Minnesota Statutes 1995 Supplement, section 
 43.3   121.1601, subdivision 1, is amended to read: 
 43.4      Subdivision 1.  [ESTABLISHMENT.] (a) An office of 
 43.5   desegregation/integration is established in the department of 
 43.6   children, families, and learning to coordinate and support 
 43.7   activities related to student enrollment, student and staff 
 43.8   recruitment and retention, transportation, and interdistrict 
 43.9   cooperation among metropolitan school districts.  
 43.10     (b) At the request of a metropolitan school district 
 43.11  involved in cooperative desegregation/integration efforts, the 
 43.12  office shall perform any of the following activities: 
 43.13     (1) assist districts with interdistrict student transfers, 
 43.14  including student recruitment, counseling, placement, and 
 43.15  transportation; 
 43.16     (2) coordinate and disseminate information about schools 
 43.17  and programs; 
 43.18     (3) assist districts with new magnet schools and programs; 
 43.19     (4) assist districts in providing staff development and 
 43.20  in-service training; and 
 43.21     (5) coordinate and administer staff exchanges. 
 43.22     (c) The office shall collect data on the efficacy of 
 43.23  districts' desegregation/integration efforts and make 
 43.24  recommendations based on the data.  The office shall 
 43.25  periodically consult with the metropolitan council office of 
 43.26  strategic and long-range planning to coordinate school 
 43.27  desegregation/integration efforts with the housing, social, 
 43.28  economic, and infrastructure needs of the metropolitan area.  
 43.29  The office shall develop a process for resolving students' 
 43.30  disputes and grievances about student transfers under a 
 43.31  desegregation/integration plan.  
 43.32     Sec. 54.  Minnesota Statutes 1995 Supplement, section 
 43.33  134.201, subdivision 5, is amended to read: 
 43.34     Subd. 5.  [GENERAL LEVY AUTHORITY.] The board may levy for 
 43.35  operation of public library service.  This levy shall replace 
 43.36  levies for operation of public library service by cities and 
 44.1   counties authorized in section 134.07.  The amount levied shall 
 44.2   be spread on the net tax capacity of all taxable property in the 
 44.3   district at a uniform tax rate.  
 44.4      (a) The maximum amount that may be levied by a board under 
 44.5   this section is the greater of:  
 44.6      (1) the statewide average local support per capita for 
 44.7   public library services for the most recent reporting period 
 44.8   available, as certified by the commissioner of children, 
 44.9   families, and learning, multiplied by the population of the 
 44.10  district according to the most recent estimate of the state 
 44.11  demographer or the metropolitan council; or 
 44.12     (2) the total amount provided by participating counties and 
 44.13  cities under section 134.34, subdivision 4, during the year 
 44.14  preceding the first year of operation. 
 44.15     (b) For its first year of operation, the board shall levy 
 44.16  an amount not less than the total dollar amount provided by 
 44.17  participating cities and counties during the preceding year 
 44.18  under section 134.34, subdivision 4. 
 44.19     Sec. 55.  Minnesota Statutes 1994, section 145A.02, 
 44.20  subdivision 16, is amended to read: 
 44.21     Subd. 16.  [POPULATION.] "Population" means the total 
 44.22  number of residents of the state or any city or county as 
 44.23  established by the last federal census, by a special census 
 44.24  taken by the United States Bureau of the Census, or by the state 
 44.25  demographer under section 4A.02, or by an estimate of city 
 44.26  population prepared by the metropolitan council, whichever is 
 44.27  the most recent as to the stated date of count or estimate. 
 44.28     Sec. 56.  Minnesota Statutes 1994, section 145A.09, 
 44.29  subdivision 6, is amended to read: 
 44.30     Subd. 6.  [BOUNDARIES OF COMMUNITY HEALTH SERVICE AREAS.] 
 44.31  The community health service area of a multicounty or multicity 
 44.32  community health board must be within a region designated under 
 44.33  sections 462.381 to 462.398, unless this condition is waived by 
 44.34  the commissioner with the approval of the regional development 
 44.35  commission directly involved or the metropolitan council, if 
 44.36  appropriate.  In a region without a regional development 
 45.1   commission, the commissioner of trade and economic development 
 45.2   shall act in place of the regional development commission. 
 45.3      Sec. 57.  Minnesota Statutes 1995 Supplement, section 
 45.4   162.09, subdivision 4, is amended to read: 
 45.5      Subd. 4.  [FEDERAL CENSUS TO BE CONCLUSIVE.] (a) In 
 45.6   determining whether any city has a population of 5,000 or more, 
 45.7   the last federal census shall be conclusive, except as otherwise 
 45.8   provided in this subdivision.  
 45.9      (b) A city that has previously been classified as having a 
 45.10  population of 5,000 or more for the purposes of chapter 162 and 
 45.11  whose population decreases by less than 15 percent from the 
 45.12  census figure that last qualified the city for inclusion shall 
 45.13  receive the following percentages of its 1981 apportionment for 
 45.14  the years indicated:  1982, 66 percent and 1983, 33 percent.  
 45.15  Thereafter the city shall not receive any apportionment from the 
 45.16  municipal state-aid street fund unless its population is 
 45.17  determined to be 5,000 or over by a federal census.  The 
 45.18  governing body of the city may contract with the United States 
 45.19  Bureau of the Census to take one special census before January 
 45.20  1, 1986.  A certified copy of the results of the census shall be 
 45.21  filed with the appropriate state authorities by the city.  The 
 45.22  result of the census shall be the population of the city for the 
 45.23  purposes of any law providing that population is a required 
 45.24  qualification for distribution of highway aids under chapter 
 45.25  162.  The special census shall remain in effect until the 1990 
 45.26  federal census is completed and filed.  The expense of taking 
 45.27  the special census shall be paid by the city.  
 45.28     (c) If an entire area not heretofore incorporated as a city 
 45.29  is incorporated as such during the interval between federal 
 45.30  censuses, its population shall be determined by its 
 45.31  incorporation census.  The incorporation census shall be 
 45.32  determinative of the population of the city only until the next 
 45.33  federal census. 
 45.34     (d) The population of a city created by the consolidation 
 45.35  of two or more previously incorporated cities shall be 
 45.36  determined by the most recent population estimate of the 
 46.1   metropolitan council or state demographer, until the first 
 46.2   federal decennial census or special census taken after the 
 46.3   consolidation. 
 46.4      Sec. 58.  Minnesota Statutes 1994, section 240.06, 
 46.5   subdivision 2, is amended to read: 
 46.6      Subd. 2.  [HEARINGS.] Before granting a class A license the 
 46.7   commission shall conduct one or more public hearings in the area 
 46.8   where the racetrack is or will be located.  The commission shall 
 46.9   also request comments on the application from the city council 
 46.10  or town board of the city or town where the track is or will be 
 46.11  located, or from the county board if it is to be located outside 
 46.12  a city or town and from the appropriate regional development 
 46.13  commission or the metropolitan council, as the case may be.  
 46.14     Sec. 59.  Minnesota Statutes 1994, section 270.12, 
 46.15  subdivision 3, is amended to read: 
 46.16     Subd. 3.  [JURISDICTIONS IN TWO OR MORE COUNTIES.] When a 
 46.17  taxing jurisdiction lies in two or more counties, if the sales 
 46.18  ratio studies prepared by the department of revenue show that 
 46.19  the average levels of assessment in the several portions of the 
 46.20  taxing jurisdictions in the different counties differ by more 
 46.21  than five percent, the board may order the apportionment of the 
 46.22  levy.  When the sales ratio studies prepared by the department 
 46.23  of revenue show that the average levels of assessment in the 
 46.24  several portions of the taxing jurisdictions in the different 
 46.25  counties differ by more than ten percent, the board shall order 
 46.26  the apportionment of the levy unless (a) the proportion of total 
 46.27  adjusted gross tax capacity in one of the counties is less than 
 46.28  ten percent of the total adjusted gross tax capacity in the 
 46.29  taxing jurisdiction and the average level of assessment in that 
 46.30  portion of the taxing jurisdiction is the level which differs by 
 46.31  more than five percent from the assessment level in any one of 
 46.32  the other portions of the taxing jurisdiction; (b) significant 
 46.33  changes have been made in the level of assessment in the taxing 
 46.34  jurisdiction which have not been reflected in the sales ratio 
 46.35  study, and those changes alter the assessment levels in the 
 46.36  portions of the taxing jurisdiction so that the assessment level 
 47.1   now differs by five percent or less; or (c) commercial, 
 47.2   industrial, mineral, or public utility property predominates in 
 47.3   one county within the taxing jurisdiction and another class of 
 47.4   property predominates in another county within that same taxing 
 47.5   jurisdiction.  If one or more of these factors are present, the 
 47.6   board may order the apportionment of the levy.  
 47.7      Notwithstanding any other provision, the levy for the 
 47.8   metropolitan mosquito control district, metropolitan council, 
 47.9   metropolitan transit district, and metropolitan transit area the 
 47.10  metropolitan waste control commission, and the levies authorized 
 47.11  by section 473.834, subdivision 2, and Minnesota Statutes 1994, 
 47.12  sections 473.325, 473.326, 473.39, 473.436, and 473.446 must be 
 47.13  apportioned without regard to the percentage difference. 
 47.14     If, pursuant to this subdivision, the board apportions the 
 47.15  levy, then that levy apportionment among the portions in the 
 47.16  different counties shall be made in the same proportion as the 
 47.17  adjusted gross tax capacity as determined by the commissioner in 
 47.18  each portion is to the total adjusted gross tax capacity of the 
 47.19  taxing jurisdiction. 
 47.20     For the purposes of this section, the average level of 
 47.21  assessment in a taxing jurisdiction or portion thereof shall be 
 47.22  the aggregate assessment sales ratio.  Gross tax capacities as 
 47.23  determined by the commissioner shall be the gross tax capacities 
 47.24  as determined for the year preceding the year in which the levy 
 47.25  to be apportioned is levied. 
 47.26     Actions pursuant to this subdivision shall be commenced 
 47.27  subsequent to the annual meeting on April 15 of the state board 
 47.28  of equalization, but notice of the action shall be given to the 
 47.29  affected jurisdiction and the appropriate county auditors by the 
 47.30  following June 30. 
 47.31     Apportionment of a levy pursuant to this subdivision shall 
 47.32  be considered as a remedy to be taken after equalization 
 47.33  pursuant to subdivision 2, and when equalization within the 
 47.34  jurisdiction would disturb equalization within other 
 47.35  jurisdictions of which the several portions of the jurisdiction 
 47.36  in question are a part. 
 48.1      Sec. 60.  Minnesota Statutes 1995 Supplement, section 
 48.2   275.065, subdivision 3, is amended to read: 
 48.3      Subd. 3.  [NOTICE OF PROPOSED PROPERTY TAXES.] (a) The 
 48.4   county auditor shall prepare and the county treasurer shall 
 48.5   deliver after November 10 and on or before November 24 each 
 48.6   year, by first class mail to each taxpayer at the address listed 
 48.7   on the county's current year's assessment roll, a notice of 
 48.8   proposed property taxes and, in the case of a town, final 
 48.9   property taxes.  
 48.10     (b) The commissioner of revenue shall prescribe the form of 
 48.11  the notice. 
 48.12     (c) The notice must inform taxpayers that it contains the 
 48.13  amount of property taxes each taxing authority other than a town 
 48.14  proposes to collect for taxes payable the following year and, 
 48.15  for a town, the amount of its final levy.  It must clearly state 
 48.16  that each taxing authority, including regional library districts 
 48.17  established under section 134.201, and including the 
 48.18  metropolitan taxing districts as defined in paragraph (i), but 
 48.19  excluding all other special taxing districts and towns, will 
 48.20  hold a public meeting to receive public testimony on the 
 48.21  proposed budget and proposed or final property tax levy, or, in 
 48.22  case of a school district, on the current budget and proposed 
 48.23  property tax levy.  It must clearly state the time and place of 
 48.24  each taxing authority's meeting and an address where comments 
 48.25  will be received by mail.  
 48.26     (d) The notice must state for each parcel: 
 48.27     (1) the market value of the property as determined under 
 48.28  section 273.11, and used for computing property taxes payable in 
 48.29  the following year and for taxes payable in the current year; 
 48.30  and, in the case of residential property, whether the property 
 48.31  is classified as homestead or nonhomestead.  The notice must 
 48.32  clearly inform taxpayers of the years to which the market values 
 48.33  apply and that the values are final values; 
 48.34     (2) by county, city or town, school district excess 
 48.35  referenda levy, remaining school district levy, regional library 
 48.36  district, if in existence, the total of the metropolitan special 
 49.1   taxing districts as defined in paragraph (i) and the sum of the 
 49.2   remaining special taxing districts, and as a total of the taxing 
 49.3   authorities, including all special taxing districts, the 
 49.4   proposed or, for a town, final net tax on the property for taxes 
 49.5   payable the following year and the actual tax for taxes payable 
 49.6   the current year.  For the purposes of this subdivision, "school 
 49.7   district excess referenda levy" means school district taxes for 
 49.8   operating purposes approved at referendums, including those 
 49.9   taxes based on net tax capacity as well as those based on market 
 49.10  value.  "School district excess referenda levy" does not include 
 49.11  school district taxes for capital expenditures approved at 
 49.12  referendums or school district taxes to pay for the debt service 
 49.13  on bonds approved at referenda.  In the case of the city of 
 49.14  Minneapolis, the levy for the Minneapolis library board and the 
 49.15  levy for Minneapolis park and recreation shall be listed 
 49.16  separately from the remaining amount of the city's levy.  In the 
 49.17  case of a parcel where tax increment or the fiscal disparities 
 49.18  areawide tax applies, the proposed tax levy on the captured 
 49.19  value or the proposed tax levy on the tax capacity subject to 
 49.20  the areawide tax must each be stated separately and not included 
 49.21  in the sum of the special taxing districts; and 
 49.22     (3) the increase or decrease in the amounts in clause (2) 
 49.23  from taxes payable in the current year to proposed or, for a 
 49.24  town, final taxes payable the following year, expressed as a 
 49.25  dollar amount and as a percentage. 
 49.26     (e) The notice must clearly state that the proposed or 
 49.27  final taxes do not include the following: 
 49.28     (1) special assessments; 
 49.29     (2) levies approved by the voters after the date the 
 49.30  proposed taxes are certified, including bond referenda, school 
 49.31  district levy referenda, and levy limit increase referenda; 
 49.32     (3) amounts necessary to pay cleanup or other costs due to 
 49.33  a natural disaster occurring after the date the proposed taxes 
 49.34  are certified; 
 49.35     (4) amounts necessary to pay tort judgments against the 
 49.36  taxing authority that become final after the date the proposed 
 50.1   taxes are certified; and 
 50.2      (5) the contamination tax imposed on properties which 
 50.3   received market value reductions for contamination. 
 50.4      (f) Except as provided in subdivision 7, failure of the 
 50.5   county auditor to prepare or the county treasurer to deliver the 
 50.6   notice as required in this section does not invalidate the 
 50.7   proposed or final tax levy or the taxes payable pursuant to the 
 50.8   tax levy. 
 50.9      (g) If the notice the taxpayer receives under this section 
 50.10  lists the property as nonhomestead and the homeowner provides 
 50.11  satisfactory documentation to the county assessor that the 
 50.12  property is owned and has been used as the owner's homestead 
 50.13  prior to June 1 of that year, the assessor shall reclassify the 
 50.14  property to homestead for taxes payable in the following year. 
 50.15     (h) In the case of class 4 residential property used as a 
 50.16  residence for lease or rental periods of 30 days or more, the 
 50.17  taxpayer must either: 
 50.18     (1) mail or deliver a copy of the notice of proposed 
 50.19  property taxes to each tenant, renter, or lessee; or 
 50.20     (2) post a copy of the notice in a conspicuous place on the 
 50.21  premises of the property.  
 50.22     The notice must be mailed or posted by the taxpayer by 
 50.23  November 27 or within three days of receipt of the notice, 
 50.24  whichever is later.  A taxpayer may notify the county treasurer 
 50.25  of the address of the taxpayer, agent, caretaker, or manager of 
 50.26  the premises to which the notice must be mailed in order to 
 50.27  fulfill the requirements of this paragraph. 
 50.28     (i) For purposes of this subdivision, subdivisions 5a and 
 50.29  6, "metropolitan special taxing districts" means the following 
 50.30  taxing districts in the seven-county metropolitan area that levy 
 50.31  a property tax for any of the specified purposes listed below: 
 50.32     (1) metropolitan council under section 473.132, 473.167, 
 50.33  473.249, 473.325, 473.446, 473.521, 473.547, or 473.834 counties 
 50.34  as provided in this act; 
 50.35     (2) metropolitan airports commission under section 473.667, 
 50.36  473.671, or 473.672; and 
 51.1      (3) metropolitan mosquito control commission under section 
 51.2   473.711; and 
 51.3      (4) metropolitan waste control commission under sections 
 51.4   473.521, 473.541, and 473.547. 
 51.5      For purposes of this section, any levies made by the 
 51.6   regional rail authorities in the county of Anoka, Carver, 
 51.7   Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 
 51.8   398A shall be included with the appropriate county's levy and 
 51.9   shall be discussed at that county's public hearing. 
 51.10     Sec. 61.  Minnesota Statutes 1994, section 275.065, 
 51.11  subdivision 5a, is amended to read: 
 51.12     Subd. 5a.  [PUBLIC ADVERTISEMENT.] (a) A city that has a 
 51.13  population of more than 1,000, county, a metropolitan special 
 51.14  taxing district as defined in subdivision 3, paragraph (i), a 
 51.15  regional library district established under section 134.201, or 
 51.16  school district shall advertise in a newspaper a notice of its 
 51.17  intent to adopt a budget and property tax levy or, in the case 
 51.18  of a school district, to review its current budget and proposed 
 51.19  property taxes payable in the following year, at a public 
 51.20  hearing.  The notice must be published not less than two 
 51.21  business days nor more than six business days before the hearing.
 51.22     The advertisement must be at least one-eighth page in size 
 51.23  of a standard-size or a tabloid-size newspaper.  The 
 51.24  advertisement must not be placed in the part of the newspaper 
 51.25  where legal notices and classified advertisements appear.  The 
 51.26  advertisement must be published in an official newspaper of 
 51.27  general circulation in the taxing authority.  The newspaper 
 51.28  selected must be one of general interest and readership in the 
 51.29  community, and not one of limited subject matter.  The 
 51.30  advertisement must appear in a newspaper that is published at 
 51.31  least once per week.  
 51.32     For purposes of this section, the metropolitan special 
 51.33  taxing district's advertisement must only be published in the 
 51.34  Minneapolis Star and Tribune and the Saint Paul Pioneer Press. 
 51.35     (b) The advertisement must be in the following form, except 
 51.36  that the notice for a school district may include references to 
 52.1   the current budget in regard to proposed property taxes. 
 52.2                              "NOTICE OF
 52.3                       PROPOSED PROPERTY TAXES
 52.4              (City/County/School District/Metropolitan
 52.5                   Special Taxing District/Regional
 52.6                    Library District) of .........
 52.7   The governing body of ........ will soon hold budget hearings 
 52.8   and vote on the property taxes for (city/county/metropolitan 
 52.9   special taxing district/regional library district services that 
 52.10  will be provided in 199_/school district services that will be 
 52.11  provided in 199_ and 199_). 
 52.12                     NOTICE OF PUBLIC HEARING:
 52.13  All concerned citizens are invited to attend a public hearing 
 52.14  and express their opinions on the proposed (city/county/school 
 52.15  district/metropolitan special taxing district/regional library 
 52.16  district) budget and property taxes, or in the case of a school 
 52.17  district, its current budget and proposed property taxes, 
 52.18  payable in the following year.  The hearing will be held on 
 52.19  (Month/Day/Year) at (Time) at (Location, Address)." 
 52.20     (c) A city with a population of 1,000 or less must 
 52.21  advertise by posted notice as defined in section 645.12, 
 52.22  subdivision 1.  The advertisement must be posted at the time 
 52.23  provided in paragraph (a).  It must be in the form required in 
 52.24  paragraph (b). 
 52.25     (d) For purposes of this subdivision, the population of a 
 52.26  city is the most recent population as determined by the state 
 52.27  demographer under section 4A.02. 
 52.28     (e) The commissioner of revenue, subject to the approval of 
 52.29  the chairs of the house and senate tax committees, shall 
 52.30  prescribe the form and format of the advertisement. 
 52.31     (f) For calendar year 1993, each taxing authority required 
 52.32  to publish an advertisement must include on the advertisement a 
 52.33  statement that information on the increases or decreases of the 
 52.34  total budget, including employee and independent contractor 
 52.35  compensation in the prior year, current year, and proposed 
 52.36  budget year will be discussed at the hearing. 
 53.1      (g) Notwithstanding paragraph (f), for 1993, the 
 53.2   commissioner of revenue shall prescribe the form, format, and 
 53.3   content of an advertisement comparing current and proposed 
 53.4   expense budgets for the metropolitan council, the metropolitan 
 53.5   airports commission, and the metropolitan mosquito control 
 53.6   commission special taxing districts.  The expense budget must 
 53.7   include occupancy, personnel, contractual and capital 
 53.8   improvement expenses.  The form, format, and content of the 
 53.9   advertisement must be approved by the chairs of the house and 
 53.10  senate tax committees prior to publication. 
 53.11     Sec. 62.  Minnesota Statutes 1995 Supplement, section 
 53.12  275.14, is amended to read: 
 53.13     275.14 [CENSUS.] 
 53.14     For the purposes of sections 275.124 to 275.16, the 
 53.15  population of a city shall be that established by the last 
 53.16  federal census, by a special census taken by the United States 
 53.17  Bureau of the Census, by an estimate made by the metropolitan 
 53.18  council, or by the state demographer made according to section 
 53.19  4A.02, whichever has the latest stated date of count or 
 53.20  estimate, before July 2 of the current levy year.  The 
 53.21  population of a school district must be as certified by the 
 53.22  department of children, families, and learning from the most 
 53.23  recent federal census. 
 53.24     In any year in which no federal census is taken pursuant to 
 53.25  law in any school district affected by sections 275.124 to 
 53.26  275.16 a population estimate may be made and submitted to the 
 53.27  state demographer for approval as hereinafter provided.  The 
 53.28  school board of a school district, in case it desires a 
 53.29  population estimate, shall pass a resolution by July 1 
 53.30  containing a current estimate of the population of the school 
 53.31  district and shall submit the resolution to the state 
 53.32  demographer.  The resolution shall describe the criteria on 
 53.33  which the estimate is based and shall be in a form and 
 53.34  accompanied by the data prescribed by the state demographer.  
 53.35  The state demographer shall determine whether or not the 
 53.36  criteria and process described in the resolution provide a 
 54.1   reasonable basis for the population estimate and shall inform 
 54.2   the school district of that determination within 30 days of 
 54.3   receipt of the resolution.  If the state demographer determines 
 54.4   that the criteria and process described in the resolution do not 
 54.5   provide a reasonable basis for the population estimate, the 
 54.6   resolution shall be of no effect.  If the state demographer 
 54.7   determines that the criteria and process do provide a reasonable 
 54.8   basis for the population estimate, the estimate shall be treated 
 54.9   as the population of the school district for the purposes of 
 54.10  sections 275.124 to 275.16 until the population of the school 
 54.11  district has been established by the next federal census or 
 54.12  until a more current population estimate is prepared and 
 54.13  approved as provided herein, whichever occurs first.  The state 
 54.14  demographer shall establish guidelines for acceptable population 
 54.15  estimation criteria and processes.  The state demographer shall 
 54.16  issue advisory opinions upon request in writing to cities or 
 54.17  school districts as to proposed criteria and processes prior to 
 54.18  their implementation in an estimation.  The advisory opinion 
 54.19  shall be final and binding upon the demographer unless the 
 54.20  demographer can show cause why it should not be final and 
 54.21  binding.  
 54.22     In the event that a census tract employed in taking a 
 54.23  federal or local census overlaps two or more school districts, 
 54.24  the county auditor shall, on the basis of the best information 
 54.25  available, allocate the population of said census tract to the 
 54.26  school districts involved.  
 54.27     The term "council," as used in sections 275.124 to 275.16, 
 54.28  means any board or body, whether composed of one or more 
 54.29  branches, authorized to make ordinances for the government of a 
 54.30  city within this state.  
 54.31     Sec. 63.  Minnesota Statutes 1995 Supplement, section 
 54.32  275.62, subdivision 3, is amended to read: 
 54.33     Subd. 3.  [POPULATION ESTIMATE.] For the purposes of this 
 54.34  section, the population of a local governmental unit shall be 
 54.35  that established by the last federal census, by a census taken 
 54.36  under section 275.14, or by an estimate made by the metropolitan 
 55.1   council or by the state demographer made under section 4A.02, 
 55.2   whichever is the most recent as to the stated date of count or 
 55.3   estimate for the calendar year preceding the current levy year. 
 55.4      Sec. 64.  Minnesota Statutes 1995 Supplement, section 
 55.5   352.01, subdivision 2a, is amended to read: 
 55.6      Subd. 2a.  [INCLUDED EMPLOYEES.] (a) "State employee" 
 55.7   includes: 
 55.8      (1) employees of the Minnesota historical society; 
 55.9      (2) employees of the state horticultural society; 
 55.10     (3) employees of the Disabled American Veterans, Department 
 55.11  of Minnesota, Veterans of Foreign Wars, Department of Minnesota, 
 55.12  if employed before July 1, 1963; 
 55.13     (4) employees of the Minnesota crop improvement 
 55.14  association; 
 55.15     (5) employees of the adjutant general who are paid from 
 55.16  federal funds and who are not covered by any federal civilian 
 55.17  employees retirement system; 
 55.18     (6) employees of the state universities employed under the 
 55.19  university activities program; 
 55.20     (7) currently contributing employees covered by the system 
 55.21  who are temporarily employed by the legislature during a 
 55.22  legislative session or any currently contributing employee 
 55.23  employed for any special service as defined in clause (8) of 
 55.24  subdivision 2b; 
 55.25     (8) employees of the armory building commission; 
 55.26     (9) permanent employees of the legislature and persons 
 55.27  employed or designated by the legislature or by a legislative 
 55.28  committee or commission or other competent authority to conduct 
 55.29  a special inquiry, investigation, examination, or installation; 
 55.30     (10) trainees who are employed on a full-time established 
 55.31  training program performing the duties of the classified 
 55.32  position for which they will be eligible to receive immediate 
 55.33  appointment at the completion of the training period; 
 55.34     (11) employees of the Minnesota safety council; 
 55.35     (12) any employees on authorized leave of absence from the 
 55.36  transit operating division of the former metropolitan transit 
 56.1   commission who are employed by the labor organization which is 
 56.2   the exclusive bargaining agent representing employees of the 
 56.3   transit operating division; 
 56.4      (13) employees of the metropolitan council, metropolitan 
 56.5   parks and open space commission, metropolitan sports facilities 
 56.6   commission, metropolitan mosquito control commission, or 
 56.7   metropolitan radio board waste control commission unless 
 56.8   excluded or covered by another public pension fund or plan under 
 56.9   section 473.415, subdivision 3; 
 56.10     (14) judges of the tax court; and 
 56.11     (15) personnel employed on June 30, 1992, by the University 
 56.12  of Minnesota in the management, operation, or maintenance of its 
 56.13  heating plant facilities, whose employment transfers to an 
 56.14  employer assuming operation of the heating plant facilities, so 
 56.15  long as the person is employed at the University of Minnesota 
 56.16  heating plant by that employer or by its successor organization. 
 56.17     (b) Employees specified in paragraph (a), clause (15), are 
 56.18  included employees under paragraph (a) providing that employer 
 56.19  and employee contributions are made in a timely manner in the 
 56.20  amounts required by section 352.04.  Employee contributions must 
 56.21  be deducted from salary.  Employer contributions are the sole 
 56.22  obligation of the employer assuming operation of the University 
 56.23  of Minnesota heating plant facilities or any successor 
 56.24  organizations to that employer. 
 56.25     Sec. 65.  Minnesota Statutes 1995 Supplement, section 
 56.26  403.07, subdivision 1, is amended to read: 
 56.27     Subdivision 1.  [RULES.] The department of administration 
 56.28  shall establish and adopt in accordance with chapter 14, rules 
 56.29  for the administration of this chapter and for the development 
 56.30  of 911 systems in the state including: 
 56.31     (a) design standards for 911 systems incorporating the 
 56.32  standards adopted pursuant to subdivision 2 for the seven-county 
 56.33  metropolitan area; and 
 56.34     (b) a procedure for determining and evaluating requests for 
 56.35  variations from the established design standards. 
 56.36     Sec. 66.  Minnesota Statutes 1994, section 414.02, 
 57.1   subdivision 3, is amended to read: 
 57.2      Subd. 3.  [BOARD'S ORDER.] In arriving at its decision, the 
 57.3   board shall consider the following factors: 
 57.4      (a) Present population, past population growth and 
 57.5   projected population for the area; 
 57.6      (b) Quantity of land, both platted and unplatted, within 
 57.7   the area proposed for incorporation; the natural terrain of the 
 57.8   area including general topography, major watersheds, soil 
 57.9   conditions and such natural features as rivers, lakes and major 
 57.10  bluffs; 
 57.11     (c) Present pattern of physical development in the area 
 57.12  including residential, industrial, commercial, agricultural and 
 57.13  institutional land uses; the present transportation network and 
 57.14  potential transportation issues, including proposed highway 
 57.15  development; 
 57.16     (d) Land use controls and planning presently being utilized 
 57.17  in the area, including comprehensive plans for development in 
 57.18  the area and policies of the metropolitan council office of 
 57.19  strategic and long-range planning for the metropolitan area.  If 
 57.20  there is an inconsistency between the proposed development and 
 57.21  the land use planning ordinance in force, the reason for the 
 57.22  inconsistency; 
 57.23     (e) Present governmental services being provided to the 
 57.24  area, including water and sewer service, fire rating and 
 57.25  protection, police protection, street improvements and 
 57.26  maintenance, administrative services, and recreational 
 57.27  facilities; 
 57.28     (f) Existing or potential problems of environmental 
 57.29  pollution and the need for additional services to resolve these 
 57.30  problems; 
 57.31     (g) Fiscal data of the area, including the net tax capacity 
 57.32  of both platted and unplatted lands and the division between 
 57.33  homestead and nonhomestead property, and the present bonded 
 57.34  indebtedness; and the local tax rates of the county, school 
 57.35  district, and township; 
 57.36     (h) Relationship and effect of the proposed incorporation 
 58.1   on communities adjacent to the area and on school districts 
 58.2   within and adjacent to the area; 
 58.3      (i) Adequacy of town government to deliver services to the 
 58.4   area; and 
 58.5      (j) Analysis of whether necessary governmental services can 
 58.6   best be provided through incorporation or annexation to an 
 58.7   adjacent municipality. 
 58.8      Based upon these factors, the board may order the 
 58.9   incorporation if it finds that (a) the property to be 
 58.10  incorporated is now, or is about to become, urban or suburban in 
 58.11  character, or (b) that the existing township form of government 
 58.12  is not adequate to protect the public health, safety, and 
 58.13  welfare, or (c) the proposed incorporation would be in the best 
 58.14  interests of the area under consideration.  The board may deny 
 58.15  the incorporation if the area, or a part thereof, would be 
 58.16  better served by annexation to an adjacent municipality. 
 58.17     The board may alter the boundaries of the proposed 
 58.18  incorporation by increasing or decreasing the area to be 
 58.19  incorporated so as to include only that property which is now, 
 58.20  or is about to become, urban or suburban in character, or may 
 58.21  exclude property that may be better served by another unit of 
 58.22  government.  In all cases, the board shall set forth the factors 
 58.23  which are the basis for the decision. 
 58.24     Notwithstanding any other provision of law to the contrary 
 58.25  relating to the number of wards which may be established, the 
 58.26  board may provide for election of council members by wards, not 
 58.27  less than three nor more than seven in number, whose limits are 
 58.28  prescribed in the board order upon a finding that area 
 58.29  representation is required to accord proper representation in 
 58.30  the proposed incorporated area because of uneven population 
 58.31  density in different parts thereof or the existence of 
 58.32  agricultural lands therein which are in the path of suburban 
 58.33  development, but after four years from the effective date of an 
 58.34  incorporation the council of the municipality may by resolution 
 58.35  adopted by a four-fifths vote abolish the ward system and 
 58.36  provide for the election of all council members at large as in 
 59.1   other municipalities. 
 59.2      The board's order for incorporation shall provide for the 
 59.3   election of municipal officers in accordance with section 
 59.4   414.09.  The plan of government shall be "Optional Plan A", 
 59.5   provided that an alternate plan may be adopted pursuant to 
 59.6   section 412.551, at any time.  The ordinances of the township in 
 59.7   which the new municipality is located shall continue in effect 
 59.8   until repealed by the governing body of the new municipality. 
 59.9      Sec. 67.  Minnesota Statutes 1994, section 414.031, 
 59.10  subdivision 4, is amended to read: 
 59.11     Subd. 4.  [BOARD'S ORDER.] In arriving at its decision, the 
 59.12  board shall consider the following factors: 
 59.13     (a) Present population, past population growth and 
 59.14  projected population of the property proposed for annexation and 
 59.15  the annexing municipality; 
 59.16     (b) Quantity of land within the property proposed for 
 59.17  annexation and the annexing municipality; and natural terrain 
 59.18  including general topography, major watersheds, soil conditions 
 59.19  and such natural features as rivers, lakes and major bluffs; 
 59.20     (c) Degree of contiguity of the boundaries between the 
 59.21  annexing municipality and the property proposed for annexation; 
 59.22     (d) Present pattern of physical development of the property 
 59.23  proposed for annexation and the annexing municipality including 
 59.24  residential, industrial, commercial, agricultural and 
 59.25  institutional land uses; the present transportation network and 
 59.26  potential transportation issues, including proposed highway 
 59.27  development; 
 59.28     (e) Land use controls and planning presently being utilized 
 59.29  in the annexing municipality and the property proposed for 
 59.30  annexation, including comprehensive plans for development in the 
 59.31  area and plans and policies of the office of strategic and 
 59.32  long-range planning for the metropolitan council area.  If there 
 59.33  is an inconsistency between the proposed development and the 
 59.34  land use planning ordinance in force, the reason for the 
 59.35  inconsistency; 
 59.36     (f) Present governmental services being provided in the 
 60.1   annexing municipality and the property proposed for annexation, 
 60.2   including water and sewer service, fire rating and protection, 
 60.3   police protection, street improvements and maintenance, 
 60.4   administrative services, and recreational facilities; 
 60.5      (g) Existing or potential problems of environmental 
 60.6   pollution and the need for additional services to resolve these 
 60.7   problems; 
 60.8      (h) Plans and programs by the annexing municipality for 
 60.9   providing needed governmental services to the property proposed 
 60.10  for annexation; 
 60.11     (i) Fiscal data of the annexing municipality and the 
 60.12  property proposed for annexation, including net tax capacity and 
 60.13  the present bonded indebtedness, and the local tax rates of the 
 60.14  county, school district, and township; 
 60.15     (j) Relationship and effect of the proposed annexation on 
 60.16  communities adjacent to the area and on school districts within 
 60.17  and adjacent to the area; 
 60.18     (k) Adequacy of town government to deliver services to the 
 60.19  property proposed for annexation; 
 60.20     (l) Analysis of whether necessary governmental services can 
 60.21  best be provided through incorporation or annexation to an 
 60.22  adjacent municipality; and 
 60.23     (m) If only a part of a township is annexed, the ability of 
 60.24  the remainder of the township to continue or the feasibility of 
 60.25  it being incorporated separately or being annexed to another 
 60.26  municipality. 
 60.27     Based upon these factors, the board may order the 
 60.28  annexation (a) if it finds that the property proposed for 
 60.29  annexation is now, or is about to become, urban or suburban in 
 60.30  character, or (b) if it finds that municipal government in the 
 60.31  area proposed for annexation is required to protect the public 
 60.32  health, safety, and welfare, or (c) if it finds that the 
 60.33  annexation would be in the best interest of the property 
 60.34  proposed for annexation.  If only a part of a township is to be 
 60.35  annexed, the board shall consider whether the remainder of the 
 60.36  township can continue to carry on the functions of government 
 61.1   without undue hardship.  The board shall deny the annexation if 
 61.2   it finds that the increase in revenues for the annexing 
 61.3   municipality bears no reasonable relation to the monetary value 
 61.4   of benefits conferred upon the annexed area.  The board may deny 
 61.5   the annexation (a) if it appears that annexation of all or a 
 61.6   part of the property to an adjacent municipality would better 
 61.7   serve the interests of the residents of the property or (b) if 
 61.8   the remainder of the township would suffer undue hardship. 
 61.9      The board may alter the boundaries of the area to be 
 61.10  annexed by increasing or decreasing the area so as to include 
 61.11  only that property which is now or is about to become urban or 
 61.12  suburban in character or to add property of such character 
 61.13  abutting the area proposed for annexation in order to preserve 
 61.14  or improve the symmetry of the area, or to exclude property that 
 61.15  may better be served by another unit of government.  If the 
 61.16  board determines that part of the area would be better served by 
 61.17  another municipality or township, the board may initiate and 
 61.18  approve annexation on its own motion by conducting further 
 61.19  hearings and issuing orders pursuant to subdivisions 3, 4, and 
 61.20  5.  In all cases, the board shall set forth the factors which 
 61.21  are the basis for the decision. 
 61.22     Sec. 68.  Minnesota Statutes 1994, section 414.0325, 
 61.23  subdivision 3, is amended to read: 
 61.24     Subd. 3.  [BOARD'S ORDER.] In arriving at its decision, the 
 61.25  board shall consider the following factors: 
 61.26     (a) Present population, past population growth and 
 61.27  projected population of the property proposed for annexation and 
 61.28  the annexing municipality; 
 61.29     (b) Quantity of land within the property proposed for 
 61.30  annexation and the annexing municipality; and natural terrain 
 61.31  including general topography, major watersheds, soil conditions 
 61.32  and such natural features as rivers, lakes and major bluffs; 
 61.33     (c) Degree of contiguity of the boundaries between the 
 61.34  annexing municipality and the property proposed for annexation; 
 61.35     (d) Present pattern of physical development of the property 
 61.36  proposed for annexation and the annexing municipality including 
 62.1   residential, industrial, commercial, agricultural and 
 62.2   institutional land uses; the present transportation network and 
 62.3   potential transportation issues, including proposed highway 
 62.4   development; 
 62.5      (e) Land use controls and planning presently being utilized 
 62.6   in the annexing municipality and the property proposed for 
 62.7   annexation, including comprehensive plans for development in the 
 62.8   area and plans and policies of the office of the strategic and 
 62.9   long-range planning for the metropolitan council area.  If there 
 62.10  is an inconsistency between the proposed development and the 
 62.11  land use planning ordinance in force, the reason for the 
 62.12  inconsistency; 
 62.13     (f) Present governmental services being provided in the 
 62.14  annexing municipality and the property proposed for annexation, 
 62.15  including water and sewer service, fire rating and protection, 
 62.16  police protection, street improvements and maintenance, 
 62.17  administrative services, and recreational facilities; 
 62.18     (g) Existing or potential problems of environmental 
 62.19  pollution and the need for additional services to resolve these 
 62.20  problems; 
 62.21     (h) Plans and programs by the annexing municipality for 
 62.22  providing needed governmental services to the property proposed 
 62.23  for annexation; 
 62.24     (i) Fiscal data of the annexing municipality and the 
 62.25  property proposed for annexation, including net tax capacity and 
 62.26  the present bonded indebtedness, and the local tax rates of the 
 62.27  county, school district, and township; 
 62.28     (j) Relationship and effect of the proposed annexation on 
 62.29  communities adjacent to the area and on school districts within 
 62.30  and adjacent to the area; 
 62.31     (k) Adequacy of town government to deliver necessary 
 62.32  services to the property proposed for annexation; 
 62.33     (l) Analysis of whether the needed governmental services 
 62.34  can best be provided through incorporation or annexation to an 
 62.35  adjacent municipality; and 
 62.36     (m) If only a part of a township is annexed, the ability of 
 63.1   the remainder of the township to continue or the feasibility of 
 63.2   it being incorporated separately or being annexed to another 
 63.3   municipality. 
 63.4      Based upon these factors, the board may order the 
 63.5   annexation if it finds that the area proposed for annexation (a) 
 63.6   is now or is about to become urban or suburban in character and 
 63.7   that the annexing municipality is capable of providing the 
 63.8   services required by the area within a reasonable time; or (b) 
 63.9   if it finds that the existing township form of government is not 
 63.10  adequate to protect the public health, safety, and welfare; or 
 63.11  (c) if it finds that annexation would be in the best interests 
 63.12  of the area proposed for annexation.  The board may deny the 
 63.13  annexation if it conflicts with any provision of the joint 
 63.14  agreement. The board may alter the boundaries of the proposed 
 63.15  annexation by increasing or decreasing the area so as to include 
 63.16  that property within the designated area which is in need of 
 63.17  municipal services or will be in need of municipal services. 
 63.18     If the annexation is denied, no proceeding for the 
 63.19  annexation of substantially the same area may be initiated 
 63.20  within two years from the date of the board's order unless the 
 63.21  new proceeding is initiated by a majority of the area's property 
 63.22  owners and the petition is supported by affected parties to the 
 63.23  resolution.  In all cases, the board shall set forth the factors 
 63.24  which are the basis for the decision. 
 63.25     Sec. 69.  Minnesota Statutes 1994, section 462.382, is 
 63.26  amended to read: 
 63.27     462.382 [APPLICATION.] 
 63.28     The provisions of sections 462.381 to 462.398 have no 
 63.29  application to the metropolitan council created by or the region 
 63.30  area defined by Laws 1967, chapter 896 in section 473.121, 
 63.31  subdivision 2.  
 63.32     Sec. 70.  Minnesota Statutes 1994, section 462A.04, 
 63.33  subdivision 1, is amended to read: 
 63.34     Subdivision 1.  There is created a public body corporate 
 63.35  and politic to be known as the "Minnesota housing finance 
 63.36  agency," which shall perform the governmental functions and 
 64.1   exercise the sovereign powers delegated to it in this chapter in 
 64.2   furtherance of the public policies and purposes declared in 
 64.3   section 462A.02.  The agency shall consist of the commissioner 
 64.4   of trade and economic development, state auditor, and five 
 64.5   public members appointed by the governor with advice and consent 
 64.6   of the senate.  No more than two public members shall reside in 
 64.7   the metropolitan area of jurisdiction of the metropolitan 
 64.8   council as provided defined in section 473.123 473.121, 
 64.9   subdivision 1 2, and no more than one public member shall reside 
 64.10  in any one of the development regions established under the 
 64.11  provisions of sections 462.381 to 462.396.  Each member shall 
 64.12  hold office until a successor has been appointed and has 
 64.13  qualified.  A certificate of appointment or reappointment of any 
 64.14  member shall be conclusive evidence of the due and proper 
 64.15  appointment of the member. 
 64.16     Sec. 71.  Minnesota Statutes 1994, section 462A.07, 
 64.17  subdivision 11, is amended to read: 
 64.18     Subd. 11.  [COOPERATIVE RELATIONSHIPS.] It may establish 
 64.19  cooperative relationships with such regional county and 
 64.20  multicounty housing authorities as may be established, including 
 64.21  the metropolitan council, and may develop priorities for the 
 64.22  utilization of agency resources and assistance within a region 
 64.23  in cooperation with regional county and multicounty housing 
 64.24  authorities. 
 64.25     Sec. 72.  Minnesota Statutes 1995 Supplement, section 
 64.26  462C.04, subdivision 2, is amended to read: 
 64.27     Subd. 2.  [PROGRAM REVIEW.] A public hearing shall be held 
 64.28  on each program after one publication of notice in a newspaper 
 64.29  circulating generally in the city, at least 15 days before the 
 64.30  hearing.  On or before the day on which notice of the public 
 64.31  hearing is published, the city shall submit the program to the 
 64.32  metropolitan council office of strategic and long-range 
 64.33  planning, if the city is located in the metropolitan area as 
 64.34  defined in section 473.121, subdivision 2, or to the regional 
 64.35  development commission for the area in which the city is 
 64.36  located, if any, for review and comment.  The appropriate 
 65.1   reviewing agency shall comment on:  
 65.2      (a) whether the program furthers local and regional housing 
 65.3   policies and is consistent with the metropolitan development 
 65.4   guide, if the city is located in the metropolitan area, or 
 65.5   adopted policies of the regional development commission; and 
 65.6      (b) the compatibility of the program with the housing 
 65.7   portion of the comprehensive plan of the city, if any. 
 65.8      Review of the program may be conducted either by the board 
 65.9   of the reviewing agency or by the staff of the agency.  Any 
 65.10  comment submitted by the reviewing agency to the city must be 
 65.11  presented to the body considering the proposed program at the 
 65.12  public hearing held on the program. 
 65.13     A member or employee of the reviewing agency shall be 
 65.14  permitted to present the comments of the reviewing agency at the 
 65.15  public hearing.  After conducting the public hearing, the 
 65.16  program may be adopted with or without amendment, provided that 
 65.17  any amendments must not be inconsistent with the comments, if 
 65.18  any, of the reviewing agency and must not contain any material 
 65.19  changes from the program submitted to the reviewing agency other 
 65.20  than changes in the financial aspects of any proposed issue of 
 65.21  bonds or obligations.  If any material change other than a 
 65.22  change in the financial aspects of a proposed issue of bonds or 
 65.23  obligations, or any change which is inconsistent with the 
 65.24  comments of the reviewing agency is adopted, the amended program 
 65.25  shall be resubmitted to the appropriate reviewing agency for 
 65.26  review and comment, and a public hearing shall be held on the 
 65.27  amended program after one publication of notice in a newspaper 
 65.28  circulating generally in the city at least 15 days before the 
 65.29  hearing.  The amended program shall be considered after the 
 65.30  public hearing in the same manner as consideration of the 
 65.31  initial program. 
 65.32     Sec. 73.  Minnesota Statutes 1995 Supplement, section 
 65.33  462C.04, subdivision 3, is amended to read: 
 65.34     Subd. 3.  [CITY REPORT.] Within 30 days after the bonds are 
 65.35  issued for a housing program, the city shall submit a report to 
 65.36  the Minnesota housing finance agency, the metropolitan 
 66.1   council office of strategic and long-range planning if the city 
 66.2   is located within the metropolitan area as defined in section 
 66.3   473.121, subdivision 2, or the appropriate regional development 
 66.4   commission.  The report must include a program description, the 
 66.5   amount of bonds issued, the income limits, and the rent levels. 
 66.6      Sec. 74.  Minnesota Statutes 1994, section 462C.04, 
 66.7   subdivision 4, is amended to read: 
 66.8      Subd. 4.  [ANNUAL LEGISLATIVE REPORT.] The Minnesota 
 66.9   housing finance agency, in cooperation with the metropolitan 
 66.10  council office of strategic and long-range planning and the 
 66.11  regional development commissions, shall report annually to the 
 66.12  legislature on the number and amounts of bond issues and the 
 66.13  number of housing programs established pursuant to sections 
 66.14  462C.01 to 462C.08. 
 66.15     Sec. 75.  Minnesota Statutes 1995 Supplement, section 
 66.16  462C.071, subdivision 2, is amended to read: 
 66.17     Subd. 2.  [LIMITATION; ORIGINATION PERIOD.] During the 
 66.18  first ten months of an origination period, a city may make loans 
 66.19  financed with proceeds of mortgage bonds for the purchase of 
 66.20  existing housing.  Loans financed with the proceeds of mortgage 
 66.21  bonds for new housing in the metropolitan area may be made 
 66.22  during the first ten months of an origination period only if at 
 66.23  least one of the following conditions is met: 
 66.24     (1) the new housing is located in a redevelopment area; 
 66.25     (2) the new housing is replacing a structurally substandard 
 66.26  structure or structures; 
 66.27     (3) the new housing is located on a parcel purchased by the 
 66.28  city or conveyed to the city under section 282.01, subdivision 
 66.29  1; or 
 66.30     (4) the new housing is part of a housing affordability 
 66.31  initiative, other than those financed with the proceeds from the 
 66.32  sale of bonds, in which federal, state, or local assistance is 
 66.33  used to substantially improve the terms of the financing or to 
 66.34  substantially write down the purchase price of the new housing; 
 66.35  or 
 66.36     (5) the new housing is located in a city that has entered 
 67.1   into a housing affordability agreement with the metropolitan 
 67.2   council.  
 67.3      Upon expiration of the first ten-month period, a city may 
 67.4   make loans financed with the proceeds of mortgage bonds for the 
 67.5   purchase of new and existing housing. 
 67.6      Sec. 76.  Minnesota Statutes 1994, section 462C.071, 
 67.7   subdivision 4, is amended to read: 
 67.8      Subd. 4.  [REDEVELOPMENT AREA.] A city located within the 
 67.9   metropolitan area must submit to the metropolitan council office 
 67.10  of strategic and long-range planning the resolution adopted by 
 67.11  the governing body of the city finding an area to be a 
 67.12  redevelopment area and a map of the redevelopment area.  
 67.13     Sec. 77.  Minnesota Statutes 1994, section 465.795, 
 67.14  subdivision 3, is amended to read: 
 67.15     Subd. 3.  [COUNCIL OR METROPOLITAN COUNCIL 
 67.16  OFFICE.] "Council" or "metropolitan council" "Office" means 
 67.17  the metropolitan council established by section 473.123 office 
 67.18  of strategic and long-range planning. 
 67.19     Sec. 78.  Minnesota Statutes 1994, section 465.797, 
 67.20  subdivision 3, is amended to read: 
 67.21     Subd. 3.  [REVIEW PROCESS.] (a) Upon receipt of an 
 67.22  application from a local government unit, the board shall review 
 67.23  the application.  The board shall dismiss an application if it 
 67.24  finds that the application proposes a waiver of rules or 
 67.25  exemption from enforcement of laws that would result in due 
 67.26  process violations, violations of federal law or the state or 
 67.27  federal constitution, or the loss of services to people who are 
 67.28  entitled to them.  
 67.29     (b) The board shall determine whether a law from which an 
 67.30  exemption for enforcement is sought is a procedural law, 
 67.31  specifying how a local government unit is to achieve an outcome, 
 67.32  rather than a substantive law prescribing the outcome or 
 67.33  otherwise establishing policy.  In making its determination, the 
 67.34  board shall consider whether the law specifies such requirements 
 67.35  as: 
 67.36     (1) who must deliver a service; 
 68.1      (2) where the service must be delivered; 
 68.2      (3) to whom and in what form reports regarding the service 
 68.3   must be made; and 
 68.4      (4) how long or how often the service must be made 
 68.5   available to a given recipient. 
 68.6      (c) If the commissioner of finance, the commissioner of 
 68.7   administration, or the state auditor has jurisdiction over a 
 68.8   rule or law affected by an application, the chief administrative 
 68.9   law judge, as soon as practicable after receipt of the 
 68.10  application, shall designate a third administrative law judge to 
 68.11  serve as a member of the board in place of that official while 
 68.12  the board is deciding whether to grant the waiver or exemption. 
 68.13     (d) If the application is submitted by a local government 
 68.14  unit in the metropolitan area or the unit requests a waiver of a 
 68.15  rule or temporary, limited exemptions from enforcement of a 
 68.16  procedural law over which the metropolitan council office or a 
 68.17  metropolitan agency has jurisdiction, the board shall also 
 68.18  transmit a copy of the application to the council office for 
 68.19  review and comment.  The council office shall report its 
 68.20  comments to the board within 60 days of the date the application 
 68.21  was transmitted to the council office.  The council office may 
 68.22  point out any resources or technical assistance it may be able 
 68.23  to provide a local government submitting a request under this 
 68.24  section.  
 68.25     (e) Within 15 days after receipt of the application, the 
 68.26  board shall transmit a copy of it to the commissioner of each 
 68.27  agency having jurisdiction over a rule or law from which a 
 68.28  waiver or exemption is sought.  The agency may mail a notice 
 68.29  that it has received an application for a waiver or exemption to 
 68.30  all persons who have registered with the agency under section 
 68.31  14.14, subdivision 1a, identifying the rule or law from which a 
 68.32  waiver or exemption is requested.  If no agency has jurisdiction 
 68.33  over the rule or law, the board shall transmit a copy of the 
 68.34  application to the attorney general.  The agency shall inform 
 68.35  the board of its agreement with or objection to and grounds for 
 68.36  objection to the waiver or exemption request within 60 days of 
 69.1   the date when the application was transmitted to it.  An 
 69.2   agency's failure to do so is considered agreement to the waiver 
 69.3   or exemption.  The board shall decide whether to grant a waiver 
 69.4   or exemption at its next regularly scheduled meeting following 
 69.5   its receipt of an agency's response or the end of the 60-day 
 69.6   response period.  If consideration of an application is not 
 69.7   concluded at that meeting, the matter may be carried over to the 
 69.8   next meeting of the board.  Interested persons may submit 
 69.9   written comments to the board on the waiver or exemption request 
 69.10  up to the time of its vote on the application.  
 69.11     (f) If the exclusive representative of the affected 
 69.12  employees of the requesting local government unit objects to the 
 69.13  waiver or exemption request it may inform the board of the 
 69.14  objection to and the grounds for the objection to the waiver or 
 69.15  exemption request within 60 days of the receipt of the 
 69.16  application. 
 69.17     Sec. 79.  Minnesota Statutes 1995 Supplement, section 
 69.18  465.798, is amended to read: 
 69.19     465.798 [SERVICE BUDGET MANAGEMENT MODEL GRANTS.] 
 69.20     One or more local units of governments, an association of 
 69.21  local governments, the metropolitan council, a local unit of 
 69.22  government acting in conjunction with an organization or a state 
 69.23  agency, or an organization established by two or more local 
 69.24  units of government under a joint powers agreement may apply to 
 69.25  the board of government innovation and management for a grant to 
 69.26  be used to develop models for innovative service budget 
 69.27  management.  The application to the board must state what other 
 69.28  sources of funding have been considered by the local units of 
 69.29  government to implement the project and explain why it is not 
 69.30  possible to complete the project without assistance from the 
 69.31  board.  The board may not award a grant if it determines that 
 69.32  the local units of government could complete the project without 
 69.33  board assistance.  A copy of the application must be provided by 
 69.34  the units to the exclusive representatives certified under 
 69.35  section 179A.12 to represent employees who provide the service 
 69.36  or program affected by the application.  
 70.1      Proposed models may provide options to local governments, 
 70.2   neighborhood or community organizations, or individuals for 
 70.3   managing budgets for service delivery.  A copy of the work 
 70.4   product for which the grant was provided must be furnished to 
 70.5   the board upon completion, and the board may disseminate it to 
 70.6   other local units of government or interested groups.  If the 
 70.7   board finds that the model was not completed or implemented 
 70.8   according to the terms of the grant agreement, it may require 
 70.9   the grantee to repay all or a portion of the grant.  The board 
 70.10  shall award grants on the basis of each qualified applicant's 
 70.11  score under the scoring system in section 465.802.  The amount 
 70.12  of a grant under this section may not exceed $50,000. 
 70.13     Sec. 80.  Minnesota Statutes 1995 Supplement, section 
 70.14  465.799, is amended to read: 
 70.15     465.799 [COOPERATION PLANNING GRANTS.] 
 70.16     Two or more local government units; an association of local 
 70.17  governments; a local unit of government acting in conjunction 
 70.18  with the metropolitan council, an organization, or a state 
 70.19  agency; or an organization formed by two or more local units of 
 70.20  government under a joint powers agreement may apply to the board 
 70.21  of government innovation and cooperation for a grant to be used 
 70.22  to develop a plan for intergovernmental cooperation in providing 
 70.23  services.  The application to the board must state what other 
 70.24  sources of funding have been considered by the local units of 
 70.25  government to implement the project and explain why it is not 
 70.26  possible to complete the project without assistance from the 
 70.27  board.  The board may not award a grant if it determines that 
 70.28  the local units of government could complete the project without 
 70.29  board assistance.  A copy of the application must be submitted 
 70.30  by the applicants to the exclusive representatives certified 
 70.31  under section 179A.12 to represent employees who provide the 
 70.32  service or program affected by the application.  
 70.33     The plan may include model contracts or agreements to be 
 70.34  used to implement the plan.  A copy of the work product for 
 70.35  which the grant was provided must be furnished to the board upon 
 70.36  completion, and the board may disseminate it to other local 
 71.1   units of government or interested groups.  If the board finds 
 71.2   that the grantee has failed to implement the plan according to 
 71.3   the terms of the agreement, it may require the grantee to repay 
 71.4   all or a portion of the grant.  The board shall award grants on 
 71.5   the basis of each qualified applicant's score under the scoring 
 71.6   system in section 465.802.  The amount of a grant under this 
 71.7   section may not exceed $50,000. 
 71.8      Sec. 81.  Minnesota Statutes 1995 Supplement, section 
 71.9   465.801, is amended to read: 
 71.10     465.801 [SERVICE SHARING GRANTS.] 
 71.11     Two or more local units of government; an association of 
 71.12  local governments; a local unit of government acting in 
 71.13  conjunction with the metropolitan council, an organization, or a 
 71.14  state agency; or an organization established by two or more 
 71.15  local units of government under a joint powers agreement may 
 71.16  apply to the board of government innovation and cooperation for 
 71.17  a grant to be used to meet the start-up costs of providing 
 71.18  shared services or functions.  Agreements solely to make joint 
 71.19  purchases are not sufficient to qualify under this section.  The 
 71.20  application to the board must state what other sources of 
 71.21  funding have been considered by the local units of government to 
 71.22  implement the project and explain why it is not possible to 
 71.23  complete the project without assistance from the board.  The 
 71.24  board may not award a grant if it determines that the local 
 71.25  units of government could complete the project without board 
 71.26  assistance.  A copy of the application must be provided by the 
 71.27  applicants to the exclusive representatives certified under 
 71.28  section 179A.12 to represent employees who provide the service 
 71.29  or program affected by the application. 
 71.30     The proposal must include plans fully to integrate a 
 71.31  service or function provided by two or more local government 
 71.32  units.  A copy of the work product for which the grant was 
 71.33  provided must be furnished to the board upon completion, and the 
 71.34  board may disseminate it to other local units of government or 
 71.35  interested groups.  If the board finds that the grantee has 
 71.36  failed to implement the plan according to the terms of the 
 72.1   agreement, it may require the grantee to repay all or a portion 
 72.2   of the grant.  The board shall award grants on the basis of each 
 72.3   qualified applicant's score under the scoring system in section 
 72.4   465.802.  The amount of a grant under this section may not 
 72.5   exceed $100,000. 
 72.6      Sec. 82.  Minnesota Statutes 1994, section 465.82, 
 72.7   subdivision 1, is amended to read: 
 72.8      Subdivision 1.  [ADOPTION AND STATE AGENCY REVIEW.] Each 
 72.9   governing body that proposes to combine under sections 465.81 to 
 72.10  465.87 must adopt by resolution a plan for cooperation and 
 72.11  combination.  The plan must address each item in this section.  
 72.12  The plan must be specific for any item that will occur within 
 72.13  three years and may be general or set forth alternative 
 72.14  proposals for an item that will occur more than three years in 
 72.15  the future.  The plan must be submitted to the board of 
 72.16  government innovation and cooperation for review and comment.  
 72.17  For a metropolitan area local government unit, the plan must 
 72.18  also be submitted to the metropolitan council office for review 
 72.19  and comment.  The council office may point out any resources or 
 72.20  technical assistance it may be able to provide a governing body 
 72.21  submitting a plan under this subdivision.  Significant 
 72.22  modifications and specific resolutions of items must be 
 72.23  submitted to the board and council, if appropriate, for review 
 72.24  and comment.  In the official newspaper of each local government 
 72.25  unit proposed for combination, the governing body must publish 
 72.26  at least a summary of the adopted plans, each significant 
 72.27  modification and resolution of items, and the results of each 
 72.28  board and council, if appropriate, review and comment. 
 72.29     Sec. 83.  Minnesota Statutes 1994, section 465.83, is 
 72.30  amended to read: 
 72.31     465.83 [STATE AGENCY APPROVAL.] 
 72.32     Before scheduling a referendum on the question of combining 
 72.33  local government units under section 465.84, the units shall 
 72.34  submit the plan adopted under section 465.82 to the board.  
 72.35  Metropolitan area units shall also submit the plan to the 
 72.36  metropolitan council office for review and comment.  The board 
 73.1   may require any information it deems necessary to evaluate the 
 73.2   plan.  The board shall disapprove the proposed combination if it 
 73.3   finds that the plan is not reasonably likely to enable the 
 73.4   combined unit to provide services in a more efficient or less 
 73.5   costly manner than the separate units would provide them, or if 
 73.6   the plans or plan modification are incomplete.  If the 
 73.7   combination of local government units is approved by the board 
 73.8   under this section, the local units are not required to proceed 
 73.9   under chapter 414 to accomplish the combination. 
 73.10     Sec. 84.  Minnesota Statutes 1994, section 471.425, 
 73.11  subdivision 1, is amended to read: 
 73.12     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 73.13  section, the following terms have the meanings here given them. 
 73.14     (a) "Contract" means any written legal document or 
 73.15  documents signed by both parties in which the terms and 
 73.16  conditions of any interest or other penalty for late payments 
 73.17  are clearly stated. 
 73.18     (b) "Date of receipt" means the completed delivery of the 
 73.19  goods or services or the satisfactory installation, assembly or 
 73.20  specified portion thereof, or the receipt of the invoice for the 
 73.21  delivery of the goods or services, whichever is later. 
 73.22     (c) "Governing board" means the elected or appointed board 
 73.23  of the municipality and includes, but is not limited to, city 
 73.24  councils, town boards and county boards. 
 73.25     (d) "Municipality" means any home rule charter or statutory 
 73.26  city, county, town, school district, political subdivision or 
 73.27  agency of local government.  "Municipality" means the a 
 73.28  metropolitan council or any board or agency created under 
 73.29  chapter 473. 
 73.30     Sec. 85.  Minnesota Statutes 1994, section 473.121, 
 73.31  subdivision 2, is amended to read: 
 73.32     Subd. 2.  [METROPOLITAN AREA OR AREA.] "Metropolitan area" 
 73.33  or "area" means the area over which the metropolitan council has 
 73.34  jurisdiction, including only the counties of Anoka, Carver, 
 73.35  Dakota excluding the city of Northfield, Hennepin excluding the 
 73.36  city of Hanover, Ramsey, Scott excluding the city of New Prague, 
 74.1   and Washington. 
 74.2      Sec. 86.  Minnesota Statutes 1994, section 473.121, 
 74.3   subdivision 6, is amended to read: 
 74.4      Subd. 6.  [LOCAL GOVERNMENTAL UNIT.] "Local governmental 
 74.5   unit" means any county, city, town, school district, special 
 74.6   district or other political subdivisions or public corporation, 
 74.7   other than the council or a metropolitan agency, lying in whole 
 74.8   or part within the metropolitan area. 
 74.9      Sec. 87.  Minnesota Statutes 1994, section 473.121, 
 74.10  subdivision 8, is amended to read: 
 74.11     Subd. 8.  [METROPOLITAN SIGNIFICANCE.] "Metropolitan 
 74.12  significance" means a status determined by the metropolitan 
 74.13  council director of the office of strategic and long-range 
 74.14  planning pursuant to the rules and procedures established by 
 74.15  section 473.173. 
 74.16     Sec. 88.  Minnesota Statutes 1994, section 473.121, 
 74.17  subdivision 10, is amended to read: 
 74.18     Subd. 10.  [POLICY PLAN.] "Policy plan" means a long-range 
 74.19  comprehensive plan of the metropolitan council office of 
 74.20  strategic and long-range planning. 
 74.21     Sec. 89.  Minnesota Statutes 1994, section 473.142, is 
 74.22  amended to read: 
 74.23     473.142 [SMALL BUSINESSES.] 
 74.24     (a) The metropolitan council and agencies specified in 
 74.25  section 473.143, subdivision 1, may award up to a six percent 
 74.26  preference in the amount bid for specified goods or services to 
 74.27  small targeted group businesses designated under section 16B.19. 
 74.28     (b) The council and Each agency specified in section 
 74.29  473.143, subdivision 1, may designate a purchase of goods or 
 74.30  services for award only to small targeted group businesses 
 74.31  designated under section 16B.19 if the council or agency 
 74.32  determines that at least three small targeted group businesses 
 74.33  are likely to bid. 
 74.34     (c) The council and Each agency specified in section 
 74.35  473.143, subdivision 1, as a condition of awarding a 
 74.36  construction contract or approving a contract for consultant, 
 75.1   professional, or technical services, may set goals that require 
 75.2   the prime contractor to subcontract a portion of the contract to 
 75.3   small targeted group businesses designated under section 16B.19. 
 75.4   The council or agency must establish a procedure for granting 
 75.5   waivers from the subcontracting requirement when qualified small 
 75.6   targeted group businesses are not reasonably available.  The 
 75.7   council or agency may establish financial incentives for prime 
 75.8   contractors who exceed the goals for use of subcontractors and 
 75.9   financial penalties for prime contractors who fail to meet goals 
 75.10  under this paragraph.  The subcontracting requirements of this 
 75.11  paragraph do not apply to prime contractors who are small 
 75.12  targeted group businesses.  At least 75 percent of the value of 
 75.13  the subcontracts awarded to small targeted group businesses 
 75.14  under this paragraph must be performed by the business to which 
 75.15  the subcontract is awarded or by another small targeted group 
 75.16  business. 
 75.17     (d) The council and Each agency listed in section 473.143, 
 75.18  subdivision 1, are is encouraged to purchase from small targeted 
 75.19  group businesses designated under section 16B.19 when making 
 75.20  purchases that are not subject to competitive bidding procedures.
 75.21     (e) The council and Each agency may adopt rules to 
 75.22  implement this section. 
 75.23     (f) Each council or agency contract must require the prime 
 75.24  contractor to pay any subcontractor within ten days of the prime 
 75.25  contractor's receipt of payment from the council or agency for 
 75.26  undisputed services provided by the subcontractor.  The contract 
 75.27  must require the prime contractor to pay interest of 1-1/2 
 75.28  percent per month or any part of a month to the subcontractor on 
 75.29  any undisputed amount not paid on time to the subcontractor.  
 75.30  The minimum monthly interest penalty payment for an unpaid 
 75.31  balance of $100 or more is $10.  For an unpaid balance of less 
 75.32  than $100, the prime contractor shall pay the actual penalty due 
 75.33  to the subcontractor.  A subcontractor who prevails in a civil 
 75.34  action to collect interest penalties from a prime contractor 
 75.35  must be awarded its costs and disbursements, including attorney 
 75.36  fees, incurred in bringing the action. 
 76.1      (g) This section does not apply to procurement financed in 
 76.2   whole or in part with federal funds if the procurement is 
 76.3   subject to federal disadvantaged, minority, or women business 
 76.4   enterprise regulations.  The council and Each agency shall 
 76.5   report to the commissioner of administration on compliance with 
 76.6   this section.  The information must be reported at the time and 
 76.7   in the manner requested by the commissioner. 
 76.8      Sec. 90.  Minnesota Statutes 1994, section 473.1425, is 
 76.9   amended to read: 
 76.10     473.1425 [WORKING CAPITAL FUND.] 
 76.11     The metropolitan council or A metropolitan agency defined 
 76.12  in section 473.121, subdivision 5a, to the extent allowed by 
 76.13  other law or contract, may grant available money that has been 
 76.14  appropriated for socially or economically disadvantaged business 
 76.15  programs to a guaranty fund administered by a nonprofit 
 76.16  organization that makes or guarantees working capital loans to 
 76.17  businesses owned and operated by socially or economically 
 76.18  disadvantaged persons as defined in Code of Federal Regulations, 
 76.19  title 49, section 23.5.  The purpose of loans made or guaranteed 
 76.20  by the organization must be to provide short-term working 
 76.21  capital to enable eligible businesses to be awarded contracts 
 76.22  for goods and services or for construction related services from 
 76.23  government agencies. 
 76.24     Sec. 91.  Minnesota Statutes 1994, section 473.143, is 
 76.25  amended to read: 
 76.26     473.143 [AFFIRMATIVE ACTION PLANS.] 
 76.27     Subdivision 1.  [APPLICATION.] For purposes of this 
 76.28  section, "agency" means a metropolitan agency as defined in 
 76.29  section 473.121, except the metropolitan parks and open space 
 76.30  commission.  Agency also means the metropolitan mosquito control 
 76.31  commission.  For purposes of this section, "commissioner" means 
 76.32  the commissioner of the state department of employee relations.  
 76.33     Subd. 2.  [DEVELOPMENT AND CONTENTS.] The council and Each 
 76.34  agency shall develop an affirmative action plan and submit its 
 76.35  plan to the commissioner for approval.  The commissioner may not 
 76.36  approve a plan unless the commissioner determines that it will 
 77.1   be effective in assuring that employment positions are equally 
 77.2   accessible to all qualified persons, in eliminating the 
 77.3   underutilization of qualified members of protected groups, in 
 77.4   providing a supportive work environment to all employees, 
 77.5   regardless of race, religion, sex, national origin, or 
 77.6   disability, and in dealing with discrimination complaints.  For 
 77.7   purposes of this section, "protected group" has the meaning 
 77.8   given it in section 43A.02, subdivision 33.  A plan must contain 
 77.9   at least the elements required in this subdivision. 
 77.10     (a) It must identify protected groups that are 
 77.11  underrepresented in the council's or agency's work force. 
 77.12     (b) It must designate a person responsible for directing 
 77.13  and implementing the affirmative action program and assign the 
 77.14  specific responsibilities and duties of that person.  The person 
 77.15  responsible for implementing the program shall report directly 
 77.16  to the council's or agency's chief operating officer regarding 
 77.17  the person's affirmative action duties.  The person responsible 
 77.18  for the affirmative action program shall review examination and 
 77.19  other selection criteria to assure compliance with law.  This 
 77.20  person shall be involved in the filling of all vacancies in the 
 77.21  council or agency work force, to the extent necessary to 
 77.22  facilitate attainment of affirmative action goals.  
 77.23     (c) It must describe the methods by which the plan will be 
 77.24  communicated to employees and to other persons. 
 77.25     (d) It must describe methods for recruiting members of 
 77.26  protected groups.  These methods may include internship 
 77.27  programs, cooperation with union apprenticeship programs, and 
 77.28  other steps necessary to expand the number of protected group 
 77.29  members in applicant pools. 
 77.30     (e) It must describe internal procedures in accordance with 
 77.31  this paragraph for processing complaints of alleged 
 77.32  discrimination from job applicants and employees.  The 
 77.33  procedures must provide for an initial determination of whether 
 77.34  the complaint is properly a discrimination complaint subject to 
 77.35  the procedure under the affirmative action plan.  Complaints 
 77.36  filed under the discrimination procedures that allege reprisals 
 78.1   against an employee for opposing a forbidden practice or for 
 78.2   filing a charge, testifying, or participating in an 
 78.3   investigation, proceeding, or hearing relating to a forbidden 
 78.4   practice are appealable to the chief operating officer of the 
 78.5   council or agency.  Procedures under this paragraph must be 
 78.6   distinct from any procedures available under a union contract or 
 78.7   personnel policy for nondiscrimination complaints.  Use of 
 78.8   procedures developed under this paragraph is not a prerequisite 
 78.9   to filing charges with a governmental enforcement agency, nor 
 78.10  does it limit a person's right to file these charges. 
 78.11     (f) It must set goals and timetables to eliminate 
 78.12  underutilization of members of each protected group in the 
 78.13  council or agency work force. 
 78.14     (g) It must provide a plan for retaining and promoting 
 78.15  protected group members in the council or agency work force.  
 78.16  This plan should encourage training opportunities for protected 
 78.17  group members, to the extent necessary to eliminate 
 78.18  underutilization in specific parts of the work force.  
 78.19     (h) It must describe methods of auditing, evaluating, and 
 78.20  reporting program success, including a procedure that requires a 
 78.21  preemployment review of all hiring decisions for occupational 
 78.22  groups with unmet affirmative action goals. 
 78.23     (i) It must provide for training of management and 
 78.24  supervisory personnel in implementation of the plan and in 
 78.25  dealing with alleged acts of discrimination in the workplace. 
 78.26     (j) It must provide for periodic surveying of the council 
 78.27  or agency work force to determine employee attitudes toward 
 78.28  implementation of the plan. 
 78.29     (k) It must provide for creation of an employee committee 
 78.30  to advise on implementation of the plan and on any changes 
 78.31  needed in the plan. 
 78.32     Subd. 3.  [HARASSMENT.] The council and Each agency shall 
 78.33  adopt written policies forbidding harassment based on sex, 
 78.34  disability, or race in their workplaces and establishing 
 78.35  implementation plans and grievance procedures to deal with 
 78.36  complaints of harassment based on sex, disability, or race. 
 79.1      Subd. 4.  [PERFORMANCE EVALUATION.] The evaluation of the 
 79.2   performance of each supervisory and managerial employee of 
 79.3   the council and the agencies must include evaluation of the 
 79.4   person's performance in implementing the council's or agency's 
 79.5   affirmative action plan and in preventing forbidden 
 79.6   discrimination in the workplace. 
 79.7      Subd. 5.  [REPORT.] By March 1 each year, the commissioner 
 79.8   shall report to the legislature on affirmative action progress 
 79.9   of the council and of each agency.  The report must include: 
 79.10     (1) an audit of the record of the council and each agency 
 79.11  to determine compliance with affirmative action goals and to 
 79.12  evaluate overall progress in attainment of overall affirmative 
 79.13  action objectives; 
 79.14     (2) if the council or any agency has failed to make 
 79.15  satisfactory progress toward its affirmative action goals, a 
 79.16  list of unmet goals and an analysis of why the failure occurred; 
 79.17     (3) a summary of all personnel actions taken by the council 
 79.18  and each agency during the past calendar year, categorized by 
 79.19  occupational group, protected group status, and full-time, 
 79.20  part-time, temporary, and seasonal status; and 
 79.21     (4) a summary of discrimination complaints and lawsuits 
 79.22  against the council and each agency filed or resolved during the 
 79.23  past calendar year, including the basis for the complaints and 
 79.24  lawsuits. 
 79.25     For purposes of this subdivision, "personnel action"  means 
 79.26  a new hire, promotion, transfer, demotion, layoff, recall from 
 79.27  layoff, suspension with or without pay, letter of reprimand, 
 79.28  involuntary termination, other disciplinary action, and 
 79.29  voluntary termination. 
 79.30     The council and Each agency shall report to the 
 79.31  commissioner all information that the commissioner requests to 
 79.32  make the report required by this subdivision.  In providing this 
 79.33  information, the council and agencies are not required to reveal 
 79.34  information that is not public data under chapter 13.  
 79.35     The council and Each agency shall submit these reports at 
 79.36  the time and in the manner requested by the commissioner.  The 
 80.1   commissioner shall report to the legislature on the failure of 
 80.2   the council or an agency to file the required report in a timely 
 80.3   manner. 
 80.4      Subd. 6.  [COORDINATION.] The commissioner or a designee 
 80.5   shall meet with affirmative action officers of the council and 
 80.6   all of the agencies to share successful techniques and foster 
 80.7   innovative means to implement affirmative action plans and 
 80.8   eliminate discrimination in the workplace. 
 80.9      Subd. 7.  [COORDINATION WITH LEGISLATURE.] The council and 
 80.10  Each agency shall facilitate legislative oversight of equal 
 80.11  opportunity practices by providing the legislature access, 
 80.12  including access to computerized records if compatible systems 
 80.13  exist, to public data maintained by the agency.  The council and 
 80.14  agencies must not provide access to information that is not 
 80.15  public data as defined in section 13.02, subdivision 8a. 
 80.16     Sec. 92.  Minnesota Statutes 1994, section 473.144, is 
 80.17  amended to read: 
 80.18     473.144 [CERTIFICATES OF COMPLIANCE FOR CONTRACTS.] 
 80.19     Neither the council nor An agency listed in section 
 80.20  473.143, subdivision 1, may shall not accept any bid or proposal 
 80.21  for a contract or execute a contract for goods or services in 
 80.22  excess of $50,000 with any business having more than 20 
 80.23  full-time employees on a single working day during the previous 
 80.24  12 months, unless the business has an affirmative action plan 
 80.25  for the employment of minority persons, women, and the disabled 
 80.26  that has been approved by the commissioner of human rights.  
 80.27  Receipt of a certificate of compliance from the commissioner of 
 80.28  human rights signifies that a business has an approved 
 80.29  affirmative action plan.  A certificate is valid for two years.  
 80.30  Section 363.073 governs revocation of certificates.  The rules 
 80.31  adopted by the commissioner of human rights under section 
 80.32  363.074 apply to this section. 
 80.33     Sec. 93.  Minnesota Statutes 1995 Supplement, section 
 80.34  473.151, is amended to read: 
 80.35     473.151 [DISCLOSURE.] 
 80.36     For the purpose of the rules, plans, and reports required 
 81.1   or authorized by sections 473.149, 473.516, 473.801 to 473.823 
 81.2   and this section, each generator of hazardous waste and each 
 81.3   owner or operator of a collection service or waste facility 
 81.4   annually shall make the following information available to the 
 81.5   agency, council, office of environmental assistance, and 
 81.6   metropolitan counties:  a schedule of rates and charges in 
 81.7   effect or proposed for a collection service or the processing of 
 81.8   waste delivered to a waste facility and a description, in 
 81.9   aggregate amounts indicating the general character of the solid 
 81.10  and hazardous waste collection and processing system, of the 
 81.11  types and the quantity, by types, of waste generated, collected, 
 81.12  or processed.  The county, council, office, and agency shall act 
 81.13  in accordance with the provisions of section 116.075, 
 81.14  subdivision 2, with respect to information for which 
 81.15  confidentiality is claimed. 
 81.16     Sec. 94.  Minnesota Statutes 1994, section 473.156, 
 81.17  subdivision 1, is amended to read: 
 81.18     Subdivision 1.  [PLAN COMPONENTS.] The metropolitan council 
 81.19  office of strategic and long-range planning shall develop a 
 81.20  short-term and long-term plan for existing and expected water 
 81.21  use and supply in the metropolitan area.  The plan shall be 
 81.22  submitted to and reviewed by the commissioner of natural 
 81.23  resources for consistency with the statewide drought plan under 
 81.24  section 103G.293.  At a minimum, the plans must: 
 81.25     (1) update the data and information on water supply and use 
 81.26  within the metropolitan area and develop a water use and 
 81.27  availability database; 
 81.28     (2) identify and evaluate alternative courses of action, 
 81.29  including water conservation initiatives and economic 
 81.30  alternatives, in case of drought or contamination conditions; 
 81.31     (3) develop regional surface water and use projection 
 81.32  models for resource evaluation; 
 81.33     (4) recommend long-term approaches to resolving problems 
 81.34  that may develop because of water use and supply with 
 81.35  consideration given to problems that occur outside of the 
 81.36  metropolitan area, but which have an effect within the area; and 
 82.1      (5) be consistent with the statewide drought plan under 
 82.2   section 103G.293. 
 82.3      Sec. 95.  Minnesota Statutes 1994, section 473.157, is 
 82.4   amended to read: 
 82.5      473.157 [WATER RESOURCES PLAN.] 
 82.6      To help achieve federal and state water quality standards, 
 82.7   provide effective water pollution control, and help reduce 
 82.8   unnecessary investments in advanced wastewater treatment, the 
 82.9   council office of strategic and long-range planning shall adopt 
 82.10  a water resources plan that includes management objectives and 
 82.11  target pollution loads for watersheds in the metropolitan area.  
 82.12  The council office shall recommend to the board of water and 
 82.13  soil resources performance standards for watershed plans in the 
 82.14  metropolitan area, including standards relating to the timing of 
 82.15  plan revisions and proper water quality management. 
 82.16     Sec. 96.  Minnesota Statutes 1994, section 473.171, is 
 82.17  amended to read: 
 82.18     473.171 [COUNCIL OFFICE OF STRATEGIC AND LONG-RANGE 
 82.19  PLANNING REVIEW; APPLICATIONS FOR FEDERAL AND STATE AID.] 
 82.20     Subdivision 1.  The council office of strategic and 
 82.21  long-range planning shall review all applications of a 
 82.22  metropolitan agency, independent commission, board or agency, 
 82.23  and local governmental units for funds, grants, loans or loan 
 82.24  guarantees from the United States of America or agencies thereof 
 82.25  submitted in connection with proposed matters of metropolitan 
 82.26  significance, all other applications by metropolitan agencies, 
 82.27  independent commissions, boards and agencies, and local 
 82.28  governmental units for grants, loans, or loan guarantees from 
 82.29  the United States of America or any agency thereof if review by 
 82.30  a regional agency is required by federal law or the federal 
 82.31  agency, and all applications for grants, loans, or allocations 
 82.32  from funds made available by the United States of America to the 
 82.33  metropolitan area for regional facilities pursuant to a federal 
 82.34  revenue sharing or similar program requiring that the funds be 
 82.35  received and granted or allocated or that the grants and 
 82.36  allocations be approved by a regional agency.  
 83.1      Subd. 2.  The council office shall review all applications 
 83.2   or requests of a metropolitan agency, independent commission, 
 83.3   board or agency, and local governmental units for state funds 
 83.4   allocated or granted for proposed matters of metropolitan 
 83.5   significance, and all other applications by metropolitan 
 83.6   agencies, independent commissions, boards, agencies, and local 
 83.7   governmental units for state funds if review by a regional 
 83.8   agency is required by state law or the granting state agency.  
 83.9      Sec. 97.  Minnesota Statutes 1994, section 473.191, is 
 83.10  amended to read: 
 83.11     473.191 [LOCAL PLANNING ASSISTANCE.] 
 83.12     Subdivision 1.  The metropolitan council office of 
 83.13  strategic and long-range planning may, at the request of local 
 83.14  governmental units, enter into contracts or make other 
 83.15  arrangements with local governmental units and others for the 
 83.16  provision of services for and assistance with comprehensive 
 83.17  community planning.  This may include: 
 83.18     (a) Assistance in the preparation, as a guide for 
 83.19  long-range development, of general physical plans with respect 
 83.20  to the pattern and intensity of land use and the provision of 
 83.21  public facilities together with long-range fiscal plans for such 
 83.22  development; 
 83.23     (b) Programming of capital improvements based on a 
 83.24  determination of relative urgency, together with definitive 
 83.25  financing plans for the improvements to be constructed in the 
 83.26  earlier years of the program; 
 83.27     (c) Coordination of all related plans of the departments or 
 83.28  subdivision of the government concerned; 
 83.29     (d) Intergovernmental coordination of all related planned 
 83.30  activities among the state and local governmental agencies 
 83.31  concerned; and 
 83.32     (e) Preparation of regulatory and administrative measures 
 83.33  in support of the foregoing.  
 83.34     Subd. 2.  The metropolitan council office of strategic and 
 83.35  long-range planning may provide technical assistance to cities, 
 83.36  counties, and towns to expedite adoption and enforcement of 
 84.1   local ordinances under sections 103F.121, 103F.201 to 103F.221, 
 84.2   and 473.204 to 473.208.  
 84.3      Sec. 98.  Minnesota Statutes 1994, section 473.23, as 
 84.4   amended by Laws 1995, First Special Session chapter 3, article 
 84.5   16, section 13, is amended to read: 
 84.6      473.23 [PUBLIC FACILITIES REVIEW.] 
 84.7      Subdivision 1.  [INVENTORY.] The metropolitan council 
 84.8   office of strategic and long-range planning, in consultation 
 84.9   with appropriate state agencies and local officials, must 
 84.10  develop an inventory of all public buildings located within the 
 84.11  metropolitan area.  The inventory must include an assessment of 
 84.12  the condition of each public building and document any underused 
 84.13  space in the buildings. 
 84.14     Subd. 2.  [SHARED FACILITIES.] The metropolitan council 
 84.15  office of strategic and long-range planning must review and 
 84.16  comment on any joint facility proposed under section 121.155 and 
 84.17  may submit comments to the commissioner of children, families, 
 84.18  and learning on any school district facility that is proposed 
 84.19  within the metropolitan area. 
 84.20     Sec. 99.  Minnesota Statutes 1994, section 473.241, is 
 84.21  amended to read: 
 84.22     473.241 [DATA COLLECTION.] 
 84.23     The metropolitan council office of strategic and long-range 
 84.24  planning in cooperation with other departments and agencies of 
 84.25  the state and the regents of the University of Minnesota may 
 84.26  develop a center for data collection and storage to be used by 
 84.27  it and other governmental users and may accept gifts as 
 84.28  otherwise authorized in this section for the purposes of 
 84.29  furnishing information on such subjects as population, land use, 
 84.30  governmental finances, and the like.  
 84.31     Sec. 100.  Minnesota Statutes 1994, section 473.242, is 
 84.32  amended to read: 
 84.33     473.242 [URBAN RESEARCH.] 
 84.34     Where studies have not been otherwise authorized by law the 
 84.35  metropolitan council office of strategic and long-range planning 
 84.36  may study the feasibility of programs relating but not limited 
 85.1   to water supply, refuse disposal, surface water drainage, 
 85.2   communication, transportation, and other subjects of concern to 
 85.3   the peoples of the metropolitan area, may institute 
 85.4   demonstration projects in connection therewith, and may accept 
 85.5   gifts for such purposes as otherwise authorized in this section. 
 85.6      Sec. 101.  Minnesota Statutes 1994, section 473.243, is 
 85.7   amended to read: 
 85.8      473.243 [EMERGENCY SERVICES.] 
 85.9      The metropolitan council office of strategic and long-range 
 85.10  planning may coordinate emergency services, community shelter 
 85.11  planning within the metropolitan area, accept gifts for such 
 85.12  purposes as otherwise authorized in section 473.129 and contract 
 85.13  with local governmental agencies and consultants in connection 
 85.14  therewith.  
 85.15     Sec. 102.  Minnesota Statutes 1994, section 473.244, 
 85.16  subdivision 1, is amended to read: 
 85.17     Subdivision 1.  The metropolitan council office of 
 85.18  strategic and long-range planning shall engage in a continuous 
 85.19  program of research and study concerning the matters enumerated 
 85.20  in this section.  
 85.21     Sec. 103.  Minnesota Statutes 1994, section 473.245, is 
 85.22  amended to read: 
 85.23     473.245 [REPORTS.] 
 85.24     On or before January 15 of each year, the metropolitan 
 85.25  council office of strategic and long-range planning shall report 
 85.26  to the legislature.  The report shall include: 
 85.27     (1) A statement of the metropolitan council's office's 
 85.28  receipts and expenditures related to its duties under this 
 85.29  chapter by category since the preceding report; 
 85.30     (2) A detailed budget for the year in which the report is 
 85.31  filed and the following year including an outline of its program 
 85.32  for such period; 
 85.33     (3) An explanation of any policy plan and other 
 85.34  comprehensive plan adopted in whole or in part for the 
 85.35  metropolitan area and the review comments of the affected 
 85.36  metropolitan agency; 
 86.1      (4) Summaries of any studies and the recommendations 
 86.2   resulting therefrom made by the metropolitan council, office and 
 86.3   a listing of all applications for federal money made by 
 86.4   governmental units within the metropolitan area submitted to the 
 86.5   metropolitan council office; 
 86.6      (5) A listing of plans of local governmental units and 
 86.7   proposed matters of metropolitan significance submitted to the 
 86.8   metropolitan council; office; and 
 86.9      (6) A detailed report on the progress of any project 
 86.10  undertaken by the council pursuant to sections 473.194 to 
 86.11  473.201; and 
 86.12     (7) Recommendations of the metropolitan council office for 
 86.13  metropolitan area legislation, including the organization and 
 86.14  functions of the metropolitan council and the metropolitan 
 86.15  agencies or regional government in the state.  
 86.16     Sec. 104.  Minnesota Statutes 1995 Supplement, section 
 86.17  473.8011, is amended to read: 
 86.18     473.8011 [METROPOLITAN AGENCY RECYCLING GOAL.] 
 86.19     By December 31, 1993, the metropolitan council, Each 
 86.20  metropolitan agency as defined in section 473.121, and the 
 86.21  metropolitan mosquito control district established in section 
 86.22  473.702 shall recycle at least 40 percent by weight of the solid 
 86.23  waste generated by their offices or other operations.  The 
 86.24  director shall provide information and technical assistance to 
 86.25  the council, agencies, and the district to implement effective 
 86.26  recycling programs. 
 86.27     By August 1 of each year, the council, each agency, and the 
 86.28  district shall submit to the office a report for the previous 
 86.29  fiscal year describing recycling rates, specified by the county 
 86.30  in which the council, agency, or operation is located, and 
 86.31  progress toward meeting the recycling goal.  The office shall 
 86.32  incorporate the recycling rates reported in the respective 
 86.33  county's recycling rates for the previous fiscal year. 
 86.34     If the goal is not met, the council, agency, or district 
 86.35  must include in its 1994 annual report reasons for not meeting 
 86.36  the goal and a plan for meeting it in the future. 
 87.1      Sec. 105.  Minnesota Statutes 1995 Supplement, section 
 87.2   473.834, subdivision 2, is amended to read: 
 87.3      Subd. 2.  [ALLOCATION OF DEBT SERVICE.] The annual debt 
 87.4   service on the council's solid waste bonds, issued under 
 87.5   Minnesota Statutes 1990, section 473.831, shall be annually 
 87.6   apportioned and certified by the council to each county in the 
 87.7   metropolitan area, in the proportion that the net tax capacity 
 87.8   of all taxable property within each county bears to the net tax 
 87.9   capacity of the taxable property in all the counties, except 
 87.10  that the apportionment to each county shall first be adjusted to 
 87.11  reflect exemptions from payment required by subdivision 1.  The 
 87.12  auditors of the metropolitan counties shall see to the 
 87.13  administration of this section. 
 87.14     Sec. 106.  Minnesota Statutes 1994, section 477A.011, 
 87.15  subdivision 3, is amended to read: 
 87.16     Subd. 3.  [POPULATION.] "Population" means the population 
 87.17  established by the most recent federal census, by a special 
 87.18  census conducted under contract with the United States Bureau of 
 87.19  the Census, by a population estimate made by the metropolitan 
 87.20  council, or by a population estimate of the state demographer 
 87.21  made pursuant to section 4A.02, whichever is the most recent as 
 87.22  to the stated date of the count or estimate for the preceding 
 87.23  calendar year.  The term "per capita" refers to population as 
 87.24  defined by this subdivision. 
 87.25     Sec. 107.  [REPEALER.] 
 87.26     Minnesota Statutes 1994, sections 115A.03, subdivision 19; 
 87.27  403.07, subdivision 2; 473.121, subdivision 3; 473.123, 
 87.28  subdivisions 7 and 8; 473.125; 473.127; 473.129, subdivisions 2, 
 87.29  4, 5, 6, and 7; 473.13, subdivisions 1a, 3, and 4; 473.132; 
 87.30  473.155; 473.1551; 473.1623; 473.164, subdivisions 1 and 2; 
 87.31  473.244, subdivision 6; 473.247; and 473.249, are repealed.  
 87.32  Minnesota Statutes 1995 Supplement, sections 473.13, 
 87.33  subdivisions 1 and 2; 473.164, subdivision 3; 473.25; 473.251; 
 87.34  473.252; 473.253; and 473.254, are repealed.  
 87.35     Sec. 108.  [APPLICATION.] 
 87.36     This article applies in the counties of Anoka, Carver, 
 88.1   Dakota, Hennepin, Ramsey, Scott, and Washington. 
 88.2      Sec. 109.  [EFFECTIVE DATE.] 
 88.3      This article is effective July 1, 1997. 
 88.4                              ARTICLE 2
 88.5             METROPOLITAN PARKS AND OPEN SPACE COMMISSION
 88.6      Section 1.  Minnesota Statutes 1994, section 473.121, 
 88.7   subdivision 5a, is amended to read: 
 88.8      Subd. 5a.  [METROPOLITAN AGENCY.] "Metropolitan agency" 
 88.9   means the metropolitan parks and open space commission, 
 88.10  metropolitan airports commission, and the metropolitan sports 
 88.11  facilities commission. 
 88.12     Sec. 2.  Minnesota Statutes 1994, section 473.121, 
 88.13  subdivision 14, is amended to read: 
 88.14     Subd. 14.  [REGIONAL RECREATION OPEN SPACE.] "Regional 
 88.15  recreation open space" means land and water areas, or interests 
 88.16  therein, and facilities determined by the metropolitan 
 88.17  council office of strategic and long-range planning to be of 
 88.18  regional importance in providing for a balanced system of public 
 88.19  outdoor recreation for the metropolitan area, including but not 
 88.20  limited to park reserves, major linear parks and trails, large 
 88.21  recreation parks, and conservatories, zoos, and other special 
 88.22  use facilities. 
 88.23     Sec. 3.  Minnesota Statutes 1994, section 473.301, 
 88.24  subdivision 2, is amended to read: 
 88.25     Subd. 2.  [POLICY PLAN.] "Policy plan" means a plan adopted 
 88.26  by the council office pursuant to section 473.147, generally 
 88.27  describing the extent, type and location of regional recreation 
 88.28  open space needed for the metropolitan area and the timing of 
 88.29  its acquisition and development.  
 88.30     Sec. 4.  Minnesota Statutes 1994, section 473.301, 
 88.31  subdivision 4, is amended to read: 
 88.32     Subd. 4.  [COMMISSION OFFICE.] "Commission" "Office" means 
 88.33  the metropolitan parks and open space commission office of 
 88.34  strategic and long-range planning created by section 
 88.35  473.303 4A.01.  
 88.36     Sec. 5.  Minnesota Statutes 1994, section 473.313, is 
 89.1   amended to read: 
 89.2      473.313 [MASTER PLANS.] 
 89.3      Subdivision 1.  [ADOPTION.] Each park district located 
 89.4   wholly or partially within the metropolitan area, and each 
 89.5   county in the metropolitan area not wholly within a park 
 89.6   district, shall prepare, after consultation with all affected 
 89.7   municipalities, and submit to the metropolitan council office, 
 89.8   and from time to time revise and resubmit to the council office, 
 89.9   a master plan and annual budget for the acquisition and 
 89.10  development of regional recreation open space located within the 
 89.11  district or county, consistent with the council's office's 
 89.12  policy plan.  
 89.13     Subd. 2.  [COUNCIL OFFICE REVIEW.] The metropolitan council 
 89.14  office shall review with the advice of the commission, each 
 89.15  master plan to determine whether it is consistent with 
 89.16  the council's office's policy plan.  If it is not consistent, 
 89.17  the council office shall return the plan with its comments to 
 89.18  the municipalities, park district or county for revision and 
 89.19  resubmittal.  
 89.20     Sec. 6.  Minnesota Statutes 1994, section 473.315, 
 89.21  subdivision 1, is amended to read: 
 89.22     Subdivision 1.  The metropolitan council with the advice of 
 89.23  the commission office may make grants, from any funds available 
 89.24  to it for recreation open space purposes, to any municipality, 
 89.25  park district or county located wholly or partially within the 
 89.26  metropolitan area to cover the cost, or any portion of the cost, 
 89.27  of acquiring or developing regional recreation open space in 
 89.28  accordance with the policy plan; and all such agencies may enter 
 89.29  into contracts for this purpose or rights or interests therein.  
 89.30  The cost of acquisition shall include any payments required for 
 89.31  relocation pursuant to sections 117.50 to 117.56. 
 89.32     Sec. 7.  Minnesota Statutes 1994, section 473.334, 
 89.33  subdivision 1, is amended to read: 
 89.34     Subdivision 1.  [GENERALLY.] In determining the special 
 89.35  benefit received by regional recreation open space system 
 89.36  property as defined in sections 473.301 to 473.351 from an 
 90.1   improvement for which a special assessment upon an implementing 
 90.2   agency as defined in section 473.351 is determined, the 
 90.3   governing body shall not consider any use of the property other 
 90.4   than as regional recreation open space property at the time the 
 90.5   special assessment is determined.  The metropolitan 
 90.6   council implementing agency shall not be bound by the 
 90.7   determination of the governing body of the city but may pay a 
 90.8   lesser amount, as agreed upon by the metropolitan 
 90.9   council implementing agency and the governing body of the city, 
 90.10  as they determine is the measure of benefit to the land from the 
 90.11  improvement. 
 90.12     Sec. 8.  Minnesota Statutes 1994, section 473.341, is 
 90.13  amended to read: 
 90.14     473.341 [TAX EQUIVALENTS.] 
 90.15     In the year in which the metropolitan council or an 
 90.16  implementing agency as defined in section 473.351 acquires fee 
 90.17  title to any real property included in the regional recreation 
 90.18  open space system, the metropolitan council shall grant 
 90.19  sufficient funds to the appropriate implementing agency to must 
 90.20  make the tax equivalent payment required in this section.  The 
 90.21  council implementing agency shall determine the total amount of 
 90.22  property taxes levied on the real property for municipal or 
 90.23  township purposes for collection in the year in which title 
 90.24  passed.  The municipality or township in which the real property 
 90.25  is situated shall be paid 180 percent of the total tax amount 
 90.26  determined by the council implementing agency.  If the 
 90.27  implementing agency has granted a life estate to the seller of 
 90.28  the real property and the seller is obligated to pay property 
 90.29  taxes on the property, this tax equivalent shall not be paid 
 90.30  until the life estate ends.  All amounts paid pursuant to this 
 90.31  section are costs of acquisition of the real property acquired. 
 90.32     Sec. 9.  Minnesota Statutes 1994, section 473.351, is 
 90.33  amended to read: 
 90.34     473.351 [METROPOLITAN AREA REGIONAL PARKS FUNDING.] 
 90.35     Subdivision 1.  [DEFINITIONS.] The definitions in this 
 90.36  subdivision apply to this section.  
 91.1      (a) "Implementing agency" means the counties of Anoka, 
 91.2   Washington, Ramsey, Scott, Carver, Dakota, the city of St. Paul, 
 91.3   the city of Bloomington, the Minneapolis park and recreation 
 91.4   board, and the Hennepin county park reserve district. 
 91.5      (b) "Operation and maintenance expenditures" means the cost 
 91.6   of providing for the operation and maintenance of waters, lands, 
 91.7   and facilities that are a part of the metropolitan area regional 
 91.8   park and open space system, including but not limited to, the 
 91.9   provision of fire, police, maintenance, forestry, rehabilitation 
 91.10  expenses pertaining to routine care, and the allocation of the 
 91.11  administrative overhead costs of the regional park and open 
 91.12  space systems.  
 91.13     (c) "Operation and maintenance money" means money 
 91.14  appropriated by the legislature to the commissioner of trade and 
 91.15  economic development for distribution by the metropolitan 
 91.16  council office. 
 91.17     (d) "Regional recreation open space systems" means those 
 91.18  parks that have been so designated by the metropolitan council 
 91.19  under section 473.145 before January 1, 1996. 
 91.20     Subd. 2.  [METROPOLITAN COUNCIL DNR OBLIGATION.] Annually 
 91.21  before August 1 the metropolitan council shall distribute grant 
 91.22  money received from the commissioner of natural resources shall 
 91.23  distribute grant money to fund the operation and maintenance 
 91.24  expenditures of the implementing agencies for the operation and 
 91.25  maintenance of regional park and open space systems.  
 91.26  The metropolitan council commissioner of natural resources shall 
 91.27  annually report to the legislature the amount distributed to 
 91.28  each implementing agency and its estimate of the percentage of 
 91.29  operation and maintenance expenditures paid for with operation 
 91.30  and maintenance money. 
 91.31     Subd. 3.  [ALLOCATION FORMULA.] By July 1 of every year 
 91.32  each implementing agency must submit to the metropolitan parks 
 91.33  and open space commission commissioner a statement of the next 
 91.34  annual anticipated operation and maintenance expenditures of the 
 91.35  regional recreation open space parks systems within their 
 91.36  respective jurisdictions and the previous year's actual 
 92.1   expenditures.  After reviewing the actual expenditures submitted 
 92.2   and by July 15 of each year, the parks and open space commission 
 92.3   shall forward to the metropolitan council the funding requests 
 92.4   from the implementing agencies based on the actual expenditures 
 92.5   made.  The metropolitan council commissioner shall distribute 
 92.6   the operation and maintenance money as follows: 
 92.7      (1) 40 percent based on the use that each implementing 
 92.8   agency's regional recreation open space system has in proportion 
 92.9   to the total use of the metropolitan regional recreation open 
 92.10  space system; 
 92.11     (2) 40 percent based on the operation and maintenance 
 92.12  expenditures made in the previous year by each implementing 
 92.13  agency in proportion to the total operation and maintenance 
 92.14  expenditures of all of the implementing agencies; and 
 92.15     (3) 20 percent based on the acreage that each implementing 
 92.16  agency's regional recreation open space system has in proportion 
 92.17  to the total acreage of the metropolitan regional recreation 
 92.18  open space system.  The 80 percent natural resource management 
 92.19  land acreage of the park reserves must be divided by four in 
 92.20  calculating the distribution under this clause. 
 92.21     Each implementing agency must receive no less than 40 
 92.22  percent of its actual operation and maintenance expenses to be 
 92.23  incurred in the current calendar year budget as submitted to the 
 92.24  parks and open space commission.  If the available operation and 
 92.25  maintenance money is less than the total amount determined by 
 92.26  the formula including the preceding, the implementing agencies 
 92.27  will share the available money in proportion to the amounts they 
 92.28  would otherwise be entitled to under the formula. 
 92.29     Subd. 4.  [IMPLEMENTING AGENCY CONTROL.] This section does 
 92.30  not affect, change, alter, transfer, or modify the governance, 
 92.31  administration, jurisdiction, or control of the implementing 
 92.32  agencies over the parks, water, lands, and facilities they 
 92.33  presently or in the future may administer, govern, or control, 
 92.34  nor the employment relationship between the implementing 
 92.35  agencies and their present and future employees. 
 92.36     Subd. 6.  [RESTRICTION.] A metropolitan area regional park 
 93.1   receiving grant money for maintenance and operation costs must 
 93.2   agree: 
 93.3      (1) to sell or promote licenses, passes, or registrations 
 93.4   required to engage in recreational activities appropriate to the 
 93.5   park or the site of the park when a building on the park site is 
 93.6   staffed and open to the public; and 
 93.7      (2) to provide drinking water supplies adequate for the 
 93.8   recreational uses of the park.  Each implementing agency must 
 93.9   consult with groups representing users of its parks to determine 
 93.10  the adequacy of drinking water supplies. 
 93.11     Sec. 10.  [BONDS.] 
 93.12     Bonds authorized by Minnesota Statutes, sections 473.325 
 93.13  and 473.326 that are outstanding on the effective date of this 
 93.14  article must be paid and retired according to those sections and 
 93.15  the terms of the bonds.  The auditors of the metropolitan 
 93.16  counties shall see to the administration of this section. 
 93.17     Sec. 11.  [SUCCESSORS; ASSET ALLOCATION.] 
 93.18     (a) The implementing agency as defined in Minnesota 
 93.19  Statutes, section 473.351, or if none, the municipality, as 
 93.20  defined in Minnesota Statutes, section 473.301, in which is 
 93.21  located park or open space land owned by the metropolitan 
 93.22  council or the metropolitan parks and open space commission on 
 93.23  the effective date of this article, is the successor to all 
 93.24  right, title, and interest in the park or open space. 
 93.25     (b) Assets of the metropolitan council or metropolitan 
 93.26  parks and open space commission attributable to the regional 
 93.27  recreation open space systems defined in Minnesota Statutes, 
 93.28  section 473.351, shall be allocated to those implementing 
 93.29  agencies or municipalities by the commissioner of natural 
 93.30  resources using the allocation formula in Minnesota Statutes, 
 93.31  section 473.351. 
 93.32     Sec. 12.  [TAX EQUIVALENTS.] 
 93.33     If tax equivalents under Minnesota Statutes, section 
 93.34  473.341, are owed by an implementing agency as defined in 
 93.35  Minnesota Statutes, section 473.351, to a municipality as 
 93.36  defined in Minnesota Statutes, section 473.301, that is not an 
 94.1   implementing agency, on the termination of a life estate, the 
 94.2   implementing agency must make the payment. 
 94.3      Sec. 13.  [REPEALER.] 
 94.4      Minnesota Statutes 1994, sections 473.121, subdivision 12; 
 94.5   473.302; 473.303; 473.315, subdivision 2; 473.325; 473.326; and 
 94.6   473.333, are repealed. 
 94.7      Sec. 14.  [EFFECTIVE DATE.] 
 94.8      This article is effective July 1, 1997. 
 94.9                              ARTICLE 3
 94.10                           TRANSPORTATION
 94.11     Section 1.  Minnesota Statutes 1994, section 117.57, 
 94.12  subdivision 3, is amended to read: 
 94.13     Subd. 3.  [RELATION TO REGIONAL RAILROAD AUTHORITIES.] An 
 94.14  authority shall not be adjudged to have a superior public use to 
 94.15  that of a regional railroad authority as defined in section 
 94.16  398A.01, a railroad property which has been identified and 
 94.17  approved as a light rail corridor by the former metropolitan 
 94.18  council under chapter 473, or a state trail covered by section 
 94.19  85.015. 
 94.20     Sec. 2.  Minnesota Statutes 1994, section 160.265, 
 94.21  subdivision 1, is amended to read: 
 94.22     Subdivision 1.  [STATE BIKEWAYS.] The commissioner of 
 94.23  transportation shall establish a program for the development of 
 94.24  bikeways primarily on existing road rights-of-way.  The program 
 94.25  shall include a system of bikeways to be established, developed, 
 94.26  maintained, and operated by the commissioner of transportation 
 94.27  and a system of state grants for the development of local 
 94.28  bikeways primarily on existing road rights-of-way.  The program 
 94.29  shall be coordinated with the local park trail grant program 
 94.30  pursuant to section 85.019, with the bicycle trail program 
 94.31  established by the commissioner of natural resources pursuant to 
 94.32  section 85.016, with the development of the statewide 
 94.33  transportation plan pursuant to section 174.03, and with 
 94.34  existing and proposed local bikeways.  In the metropolitan area 
 94.35  as defined in section 473.121, the program shall be developed in 
 94.36  accordance with plans and priorities established by the 
 95.1   metropolitan council office of strategic and long-range planning.
 95.2   The program shall be developed after consultation with the state 
 95.3   trail council, local units of government, and bicyclist 
 95.4   organizations.  The program shall be administered in accordance 
 95.5   with the provisions of sections 160.262 to 160.264 and standards 
 95.6   promulgated pursuant thereto.  The commissioner shall compile 
 95.7   and maintain a current registry of bikeways in the state and 
 95.8   shall publish and distribute the information contained in the 
 95.9   registry in a form and manner suitable to assist persons wishing 
 95.10  to use the bikeways.  The metropolitan council office of 
 95.11  strategic and long-range planning, the commissioner of natural 
 95.12  resources, the commissioner of trade and economic development, 
 95.13  the Minnesota historical society, and local units of government 
 95.14  shall cooperate with and assist the commissioner of 
 95.15  transportation in preparing the registry.  The commissioner 
 95.16  shall have all powers necessary and convenient to establish the 
 95.17  program pursuant to this section including but not limited to 
 95.18  the authority to adopt rules pursuant to chapter 14. 
 95.19     Sec. 3.  Minnesota Statutes 1994, section 161.17, 
 95.20  subdivision 2, is amended to read: 
 95.21     Subd. 2.  [INTERSTATE SYSTEM.] It is hereby declared that 
 95.22  construction of the interstate system of highways will vitally 
 95.23  affect the future development of the cities through which these 
 95.24  routes pass and such municipalities should have an important 
 95.25  role in the development of this highway system; that on the 
 95.26  other hand the future planning and programming of construction 
 95.27  projects over a period of years is necessary to take maximum 
 95.28  advantage of federal aid and to build a unified and coordinated 
 95.29  interstate system; that excessive delay in local approval of 
 95.30  plans for construction of one segment may seriously impede 
 95.31  completion of the entire system and adversely affect other 
 95.32  municipalities along the interstate routes; that the mutual 
 95.33  exchange of information and close cooperation between the 
 95.34  department and local governing bodies should be encouraged by 
 95.35  improved administrative processes for securing orderly review of 
 95.36  plans and the resolution of differences over interstate routes 
 96.1   and projects; and that the provisions of sections 161.171 to 
 96.2   161.177 for local approval of trunk highway plans must be 
 96.3   modified for the interstate highway system in the light of these 
 96.4   various considerations.  Before proceeding with the preparation 
 96.5   of the final plans for the construction, reconstruction, or 
 96.6   improvement of any route on the interstate system lying within 
 96.7   any city, the commissioner shall submit to its governing body 
 96.8   preliminary plans covering the route location.  The preliminary 
 96.9   plans shall be submitted as part of a report containing such 
 96.10  supporting data that the commissioner deems helpful to the 
 96.11  governing body in appraising the plans submitted. 
 96.12     Any public hearing on location of an interstate route held 
 96.13  in compliance with federal requirements shall be held at least 
 96.14  one month after submission to the governing body of the report 
 96.15  provided for in this subdivision.  After the public hearing and 
 96.16  on preparing final plans, the commissioner shall submit the 
 96.17  final plans to the governing body for approval.  If the 
 96.18  governing body does not approve the final plans within three 
 96.19  months after submitted, the commissioner may refer the plans to 
 96.20  (1) the Twin Cities Metropolitan Area Planning Commission office 
 96.21  of strategic and long-range planning, if the project is within 
 96.22  the metropolitan area of its jurisdiction as defined in section 
 96.23  473.121, subdivision 2, or (2) the municipal advisory committee 
 96.24  on state-aid rules established under section 162.09, subdivision 
 96.25  2, if the project is elsewhere in the state.  If a member of the 
 96.26  advisory committee is from the municipality concerned that 
 96.27  member shall be excused.  If the plans are so referred, the 
 96.28  commission or committee shall give the commissioner and the 
 96.29  governing body ample opportunity to present the case for or 
 96.30  against approval of the plans so referred.  Not later than three 
 96.31  months after such hearings and independent study as it deems 
 96.32  desirable, it shall approve or disapprove such plans, making 
 96.33  such additional recommendations consistent with state and 
 96.34  federal requirements as it deems appropriate, and it shall 
 96.35  submit a written report containing its findings and 
 96.36  recommendations to the commissioner and the governing body.  The 
 97.1   commissioner shall not proceed with the proposed construction, 
 97.2   reconstruction, or improvement except in accordance with plans 
 97.3   approved by the governing body or, if referred to the commission 
 97.4   or committee, until after the commission or committee has made 
 97.5   its report, and then only after the governing body has had an 
 97.6   additional 90 days within which to consider the plans originally 
 97.7   submitted or such modified plans as may be submitted to it by 
 97.8   the commissioner following the report of the commission or 
 97.9   committee.  If within such 90-day period, the governing body 
 97.10  does not approve the plans submitted to it, and if the 
 97.11  commissioner then wishes to proceed with the project according 
 97.12  to plans differing substantially from the plans recommended by 
 97.13  the commission or committee in its report, the commissioner 
 97.14  shall, before proceeding with the project, file a written report 
 97.15  with the commission or committee and the governing body stating 
 97.16  fully the reasons for doing so.  Whenever plans are referred to 
 97.17  the Twin Cities Metropolitan Area Planning Commission office of 
 97.18  strategic and long-range planning, the commission office shall 
 97.19  be reimbursed from the trunk highway fund for actual and 
 97.20  necessary expenses incurred by the commission in staff work 
 97.21  incident to consideration of plans and action thereon by the 
 97.22  commission.  Whenever plans are referred to the advisory 
 97.23  committee on rules, members of the committee shall be paid their 
 97.24  necessary expenses to the same extent and in the same manner as 
 97.25  for its duties in considering the commissioner's rules.  
 97.26     Sec. 4.  Minnesota Statutes 1994, section 161.171, 
 97.27  subdivision 5, is amended to read: 
 97.28     Subd. 5.  [METROPOLITAN AREA.] "Metropolitan area" includes 
 97.29  the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, 
 97.30  and Washington, presently under the jurisdiction, for 
 97.31  metropolitan area planning and coordination purposes, of the 
 97.32  metropolitan council established office of strategic and 
 97.33  long-range planning pursuant to chapter 473, which 
 97.34  council office is hereinafter referred to as "agency". 
 97.35     Sec. 5.  Minnesota Statutes 1994, section 161.173, is 
 97.36  amended to read: 
 98.1      161.173 [SUBMISSION OF CORRIDOR PROPOSAL.] 
 98.2      The commissioner shall submit to the governing body of each 
 98.3   municipality wherein a trunk highway is proposed to be 
 98.4   constructed or improved, and to the governing body of each 
 98.5   municipality adjacent to any such municipality, a report 
 98.6   containing:  a statement of the need for this proposed 
 98.7   construction or improvement, a description of alternate routes 
 98.8   which were considered by the commissioner and an explanation of 
 98.9   the advantages and disadvantages in the selection of any route 
 98.10  considered.  The report shall also contain for each alternate, 
 98.11  the following information:  general alignment and profile, 
 98.12  approximate points of access, highway classification, an 
 98.13  approximate cost estimate, relation to existing and planned 
 98.14  regional and local development and to other transportation 
 98.15  routes and facilities, and a statement of the expected general 
 98.16  effect on present and future use of the property within the 
 98.17  corridor.  Where a state trunk highway is proposed to be 
 98.18  constructed or improved within the metropolitan area, a copy of 
 98.19  the report shall also be submitted to the metropolitan 
 98.20  council office of strategic and long-range planning.  In all 
 98.21  areas of the state a copy of the report shall be sent to 
 98.22  established regional, county and municipal planning commissions 
 98.23  in the area affected by the highway project.  Not less than 45 
 98.24  nor more than 90 days, or as otherwise mutually agreed, after 
 98.25  the report has been submitted, the commissioner shall hold a 
 98.26  public hearing on the proposed highway construction or 
 98.27  improvement at such time and place within any municipality 
 98.28  wherein a portion of the proposed construction or improvement is 
 98.29  located, as the commissioner shall determine.  Not less than 30 
 98.30  days before the hearing the commissioner shall mail notice 
 98.31  thereof to the governing body of each municipality or agency 
 98.32  entitled to receive a copy of the report, and shall cause notice 
 98.33  of the hearing to be published at least once each week for two 
 98.34  successive weeks in a newspaper or newspapers having general 
 98.35  circulation in such municipalities, the second publication to be 
 98.36  not less than five days before the date of the hearing.  The 
 99.1   notice shall state the date, time, place and purpose of the 
 99.2   hearing, shall describe the proposed or actual general location 
 99.3   of the highway to be constructed or improved, and shall state 
 99.4   where the report may be inspected prior to the hearing by any 
 99.5   interested person.  The hearing shall be conducted by the 
 99.6   commissioner or the commissioner's designee, and shall be 
 99.7   transcribed and a record thereof mailed to each municipality or 
 99.8   agency entitled to receive a copy of the report.  All interested 
 99.9   persons shall be permitted to present their views on the 
 99.10  proposed highway construction or improvement.  The hearing may 
 99.11  be continued as often as necessary.  Within 120 days after the 
 99.12  hearing is completed, the governing body of each municipality or 
 99.13  agency entitled to receive a copy of the report shall submit to 
 99.14  the commissioner its approval or disapproval of the report.  If 
 99.15  all or any part of the report is disapproved, the municipality 
 99.16  or agency shall state the reasons for such disapproval and 
 99.17  suggested changes in the report.  The commissioner shall, before 
 99.18  preparing additional plans for the proposed highway construction 
 99.19  or improvement, submit to the governing body of each 
 99.20  municipality or agency disapproving the report, a statement 
 99.21  accepting or rejecting any suggested changes and the reasons for 
 99.22  acceptance or rejection. 
 99.23     Sec. 6.  Minnesota Statutes 1994, section 161.174, is 
 99.24  amended to read: 
 99.25     161.174 [SUBMISSION OF LAYOUT PLANS.] 
 99.26     The commissioner shall submit to the governing body of each 
 99.27  municipality wherein a highway is proposed to be constructed or 
 99.28  improved, a proposed layout plan for the highway construction or 
 99.29  improvement containing:  the proposed location, elevation, width 
 99.30  and geometrics of the construction or improvement, together with 
 99.31  a statement of the reasons therefor.  Said plan shall also 
 99.32  contain:  approximate right-of-way limits; a tentative schedule 
 99.33  for right-of-way acquisition, if known; proposed access points; 
 99.34  frontage roads; separation structures and interchanges; location 
 99.35  of utilities, when known; landscaping, illumination, a tentative 
 99.36  construction schedule, if known; and the estimated cost of the