Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1475 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to local and state government; abolishing the Metropolitan Council;
3	3	1.3 transferring duties to the commissioners of administration and natural resources;
4	4	1.4 transferring transportation and transit-related functions to Department of
5	5	1.5 Transportation; making conforming amendments to public safety radio
6	6	1.6 communication laws, fiscal disparity laws; providing for payment of bonds and
7	7	1.7 other debt obligations; repealing metropolitan land use planning provisions; ending
8	8	1.8 Metropolitan Council oversight of Metropolitan Airports Commission; transferring
9	9	1.9 Metropolitan Council powers and authority to Metropolitan Parks and Open Space
10	10	1.10 Commission; creating metropolitan area sanitary sewer district; appropriating
11	11	1.11 money; amending Minnesota Statutes 2024, sections 3.971, subdivision 6; 4A.02;
12	12	1.12 6.80, subdivision 3; 10.60, subdivision 1; 10.65, subdivision 2; 10A.01, subdivisions
13	13	1.13 24, 31, 32, 35; 13.46, subdivision 2; 13.685; 15.0597, subdivision 1; 15.0599,
14	14	1.14 subdivision 1; 15B.11, subdivision 3; 16A.88, subdivision 2; 16C.073, subdivision
15	15	1.15 1; 16C.285, subdivision 1; 43A.346, subdivisions 1, 2; 47.52; 65B.43, subdivision
16	16	1.16 20; 85.016; 85.017; 85.53, subdivision 3; 103B.155; 103B.231, subdivisions 3a,
17	17	1.17 7, 9, 11; 103B.235, subdivision 3; 103B.255, subdivisions 8, 9, 12; 103G.293;
18	18	1.18 114C.25; 114D.30, subdivision 4; 115.7411, subdivision 2; 115A.151; 115A.471;
19	19	1.19 115A.52; 116.064, subdivision 6; 116.16, subdivision 2; 116.182, subdivision 1;
20	20	1.20 116D.04, subdivision 1a; 116G.03, subdivision 5; 116G.15, subdivisions 2, 5;
21	21	1.21 116J.401, subdivision 2; 116M.15, subdivision 1; 116P.17, subdivision 1; 117.57,
22	22	1.22 subdivision 3; 118A.07, subdivision 1; 124D.892, subdivision 1; 134.201,
23	23	1.23 subdivision 5; 145A.02, subdivision 16; 160.165, subdivision 1; 160.93,
24	24	1.24 subdivisions 1, 2, 2a; 161.088, subdivisions 1, 5; 162.09, subdivision 4; 162.145,
25	25	1.25 subdivision 1; 169.306; 169.781, subdivision 1; 169.791, subdivision 5; 169.792,
26	26	1.26 subdivision 11; 174.03, subdivisions 1, 4, 5; 174.04, subdivisions 1, 2; 174.285,
27	27	1.27 subdivision 4; 174.30, subdivision 4; 174.375, subdivision 2; 174.90; 216C.145,
28	28	1.28 subdivision 1; 216C.15, subdivision 1; 216H.02, subdivision 2; 221.012, subdivision
29	29	1.29 38; 221.022; 221.031, subdivision 3a; 237.162, subdivision 2; 240.06, subdivision
30	30	1.30 2; 268B.01, subdivision 18; 270.12, subdivision 3; 275.065, subdivision 3; 275.066;
31	31	1.31 275.62, subdivision 3; 275.70, subdivision 4; 297A.70, subdivision 3; 297A.9915,
32	32	1.32 subdivisions 1, 2, 4, 5; 297A.992, subdivisions 4, 5; 352.01, subdivisions 2a, 2b;
33	33	1.33 352.03, subdivision 1; 352.04, subdivision 6; 352.75, subdivision 2; 352D.02,
34	34	1.34 subdivision 1; 353.64, subdivision 7a; 363A.36, subdivisions 1, 1a; 363A.44,
35	35	1.35 subdivision 1; 373.40, subdivision 1; 383A.81, subdivision 3; 383B.81, subdivision
36	36	1.36 3; 398A.04, subdivisions 1, 2, 2a, 9; 403.30, subdivision 1; 403.31, subdivisions
37	37	1.37 4, 5; 403.36, subdivision 1; 414.02, subdivision 3; 414.031, subdivision 4;
38	38	1.38 446A.076; 462A.04, subdivision 1; 462A.07, subdivision 11; 462A.222, subdivision
39	39	1
40	40	REVISOR MS/VJ 25-0104601/28/25
41	41	State of Minnesota
42	42	This Document can be made available
43	43	in alternative formats upon request
44	44	HOUSE OF REPRESENTATIVES
45	45	H. F. No. 1475
46	46	NINETY-FOURTH SESSION 2.1 4; 462C.04, subdivision 2; 462C.071, subdivision 2; 465.82, subdivision 1; 469.174,
47	47	2.2 subdivision 26; 469.351, subdivision 2; 471.425, subdivision 1; 471.9997; 473.121,
48	48	2.3 subdivisions 2, 14, 24; 473.142; 473.1425; 473.143; 473.144; 473.145; 473.146,
49	49	2.4 subdivisions 1, 3, 4, by adding subdivisions; 473.1466; 473.147; 473.149,
50	50	2.5 subdivision 3; 473.166; 473.167, subdivisions 2, 2a; 473.168, subdivision 2;
51	51	2.6 473.192, subdivisions 2, 3; 473.223; 473.301, subdivision 2; 473.303; 473.313;
52	52	2.7 473.315, subdivision 1; 473.325; 473.334, subdivision 1; 473.341; 473.351,
53	53	2.8 subdivisions 1, 2, 3; 473.375; 473.384; 473.385; 473.386; 473.387, subdivisions
54	54	2.9 2, 3, 4; 473.3875; 473.39, subdivisions 1, 2, 2a, 5, 6, 7; 473.391; 473.3925; 473.399;
55	55	2.10 473.3994; 473.3995; 473.3997; 473.405; 473.4051, subdivisions 1, 2, 2a; 473.4056,
56	56	2.11 subdivision 1; 473.4057, subdivisions 1, 2, 3, 4, 6, 7, 8; 473.4065, subdivisions 1,
57	57	2.12 3, 4; 473.407, subdivisions 1, 3, 4, 5; 473.4075; 473.4077, subdivision 2; 473.408;
58	58	2.13 473.409; 473.41, subdivision 1; 473.411, subdivision 5; 473.412, subdivisions 2,
59	59	2.14 3; 473.415, subdivision 1; 473.416; 473.42; 473.436, subdivisions 2, 3, 6; 473.446,
60	60	2.15 subdivisions 1, 2, 3, 8, by adding a subdivision; 473.4465, subdivisions 1, 2, 5, 6;
61	61	2.16 473.448; 473.4485, subdivision 1; 473.449; 473.602; 473.604, subdivision 1, by
62	62	2.17 adding a subdivision; 473.608, subdivision 19; 473.611, subdivision 5; 473.638;
63	63	2.18 473.64; 473.655; 473.661, subdivision 4; 473.667, subdivision 8; 473.8011;
64	64	2.19 473.811, subdivisions 4, 6; 473.910, subdivision 3; 473F.02, subdivisions 7, 8;
65	65	2.20 473F.08, subdivisions 3, 5, 7a; 473F.13, subdivision 1; 473H.04, subdivision 3;
66	66	2.21 473H.06, subdivisions 1, 5; 473H.08, subdivision 4; 473J.25, by adding a
67	67	2.22 subdivision; 477A.011, subdivisions 3, 3b; 572A.02, subdivision 5; 604B.04,
68	68	2.23 subdivision 7; 609.2231, subdivision 11; 609.594, subdivision 1; 609.6055,
69	69	2.24 subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 115;
70	70	2.25 473; repealing Minnesota Statutes 2024, sections 3.8841; 103B.235, subdivision
71	71	2.26 3a; 115.66; 115A.03, subdivision 19; 174.22, subdivision 3; 238.43, subdivision
72	72	2.27 5; 297A.992, subdivision 12; 403.27; 403.29, subdivision 4; 403.32; 462.382;
73	73	2.28 462C.071, subdivision 4; 473.121, subdivisions 3, 8, 12; 473.123, subdivisions 1,
74	74	2.29 2a, 3, 3a, 3f, 4, 8; 473.125; 473.127; 473.129; 473.1293; 473.132; 473.1565;
75	75	2.30 473.165; 473.167, subdivisions 3, 4; 473.175; 473.181, subdivisions 2, 5; 473.191;
76	76	2.31 473.206; 473.208; 473.24; 473.242; 473.245; 473.246; 473.249, subdivisions 1,
77	77	2.32 2; 473.25; 473.251; 473.253; 473.254, subdivisions 1, 2, 3a, 4, 5, 6, 7, 8, 9, 10;
78	78	2.33 473.255; 473.388, subdivisions 1, 2, 3, 4, 4a, 5, 7; 473.39, subdivision 4; 473.3993,
79	79	2.34 subdivision 4; 473.3999; 473.411, subdivisions 3, 4; 473.4461; 473.501,
80	80	2.35 subdivisions 1, 3; 473.504, subdivisions 4, 5, 6, 9, 10, 11, 12; 473.505; 473.511,
81	81	2.36 subdivisions 1, 2, 3, 4; 473.5111; 473.512; 473.513; 473.515; 473.5155; 473.516,
82	82	2.37 subdivisions 1, 2, 3, 4; 473.517, subdivisions 1, 3, 6, 10; 473.519; 473.521; 473.523,
83	83	2.38 subdivisions 1, 1a; 473.524; 473.541; 473.542; 473.543, subdivisions 1, 2, 3, 4;
84	84	2.39 473.545; 473.547; 473.549; 473.621, subdivision 6; 473.834, subdivisions 1, 2;
85	85	2.40 473.851; 473.852, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10; 473.853; 473.854;
86	86	2.41 473.856; 473.857; 473.858; 473.859; 473.86; 473.861; 473.862; 473.864; 473.865;
87	87	2.42 473.866; 473.867, subdivisions 1, 2, 3, 5, 6; 473.869; 473.87; 473.871; 473.915;
88	88	2.43 473F.02, subdivision 21; 473F.08, subdivision 3b; 473H.02, subdivisions 7, 8;
89	89	2.44 473J.25, subdivision 5; Minnesota Rules, parts 5800.0010; 5800.0020; 5800.0030;
90	90	2.45 5800.0040; 5800.0050; 5800.0060; 5800.0070; 5800.0080; 5800.0090; 5800.0100;
91	91	2.46 5800.0110; 5800.0120; 5800.0130; 5800.0140; 5800.0150.
92	92	2
93	93	REVISOR MS/VJ 25-0104601/28/25 3.1BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
94	94	3.2 ARTICLE 1
95	95	3.3 METROPOLITAN COUNCIL ABOLISHED
96	96	3.4 Section 1. Minnesota Statutes 2024, section 4A.02, is amended to read:
97	97	3.5 4A.02 STATE DEMOGRAPHER.
98	98	3.6 (a) The commissioner shall appoint a state demographer. The demographer must be
99	99	3.7professionally competent in demography and must possess demonstrated ability based upon
100	100	3.8past performance.
101	101	3.9 (b) The demographer shall:
102	102	3.10 (1) continuously gather and develop demographic data relevant to the state;
103	103	3.11 (2) design and test methods of research and data collection;
104	104	3.12 (3) periodically prepare population projections for the state and designated regions and
105	105	3.13periodically prepare projections for each county or other political subdivision of the state
106	106	3.14as necessary to carry out the purposes of this section;
107	107	3.15 (4) review, comment on, and prepare analysis of population estimates and projections
108	108	3.16made by state agencies, political subdivisions, other states, federal agencies, or
109	109	3.17nongovernmental persons, institutions, or commissions;
110	110	3.18 (5) serve as the state liaison with the United States Bureau of the Census, coordinate
111	111	3.19state and federal demographic activities to the fullest extent possible, and aid the legislature
112	112	3.20in preparing a census data plan and form for each decennial census;
113	113	3.21 (6) compile an annual study of population estimates on the basis of county, regional, or
114	114	3.22other political or geographical subdivisions as necessary to carry out the purposes of this
115	115	3.23section and section 4A.03;
116	116	3.24 (7) by January 1 of each year, issue a report to the legislature containing an analysis of
117	117	3.25the demographic implications of the annual population study and population projections;
118	118	3.26 (8) prepare maps for all counties in the state, all municipalities with a population of
119	119	3.2710,000 or more, and other municipalities as needed for census purposes, according to scale
120	120	3.28and detail recommended by the United States Bureau of the Census, with the maps of cities
121	121	3.29showing precinct boundaries;
122	122	3.30 (9) prepare an estimate of population and of the number of households for each
123	123	3.31governmental subdivision for which the Metropolitan Council does not prepare an annual
124	124	3Article 1 Section 1.
125	125	REVISOR MS/VJ 25-0104601/28/25 4.1estimate, and convey the estimates to the governing body of each political subdivision by
126	126	4.2June 1 of each year;
127	127	4.3 (10) direct, under section 414.01, subdivision 14, and certify population and household
128	128	4.4estimates of annexed or detached areas of municipalities or towns after being notified of
129	129	4.5the order or letter of approval by the chief administrative law judge of the State Office of
130	130	4.6Administrative Hearings;
131	131	4.7 (11) prepare, for any purpose for which a population estimate is required by law or
132	132	4.8needed to implement a law, a population estimate of a municipality or town whose population
133	133	4.9is affected by action under section 379.02 or 414.01, subdivision 14; and
134	134	4.10 (12) prepare an estimate of average household size for each statutory or home rule charter
135	135	4.11city with a population of 2,500 or more by June 1 of each year.
136	136	4.12 (c) A governing body may challenge an estimate made under paragraph (b) by filing
137	137	4.13their specific objections in writing with the state demographer by June 24. If the challenge
138	138	4.14does not result in an acceptable estimate, the governing body may have a special census
139	139	4.15conducted by the United States Bureau of the Census. The political subdivision must notify
140	140	4.16the state demographer by July 1 of its intent to have the special census conducted. The
141	141	4.17political subdivision must bear all costs of the special census. Results of the special census
142	142	4.18must be received by the state demographer by the next April 15 to be used in that year's
143	143	4.19June 1 estimate to the political subdivision under paragraph (b).
144	144	4.20 (d) The state demographer shall certify the estimates of population and household size
145	145	4.21to the commissioner of revenue by July 15 each year, including any estimates still under
146	146	4.22objection.
147	147	4.23 (e) The state demographer may contract for the development of data and research required
148	148	4.24under this chapter, including, but not limited to, population estimates and projections, the
149	149	4.25preparation of maps, and other estimates.
150	150	4.26 Sec. 2. Minnesota Statutes 2024, section 6.80, subdivision 3, is amended to read:
151	151	4.27 Subd. 3.Review process.(a) Upon receipt of an application from a local government
152	152	4.28unit, the state auditor shall review the application. The state auditor shall dismiss an
153	153	4.29application if the application proposes a waiver of rules or exemption from enforcement of
154	154	4.30laws that would result in due process violations, violations of federal law or the state or
155	155	4.31federal constitution, or the loss of services to people who are entitled to them.
156	156	4.32 (b) The state auditor shall determine whether a law from which an exemption for
157	157	4.33enforcement is sought is a procedural law, specifying how a local government unit is to
158	158	4Article 1 Sec. 2.
159	159	REVISOR MS/VJ 25-0104601/28/25 5.1achieve an outcome, rather than a substantive law prescribing the outcome or otherwise
160	160	5.2establishing policy. For the purposes of this section, "procedural law" does not include a
161	161	5.3statutory notice requirement. In making the determination, the state auditor shall consider
162	162	5.4whether the law specifies such requirements as:
163	163	5.5 (1) who must deliver a service;
164	164	5.6 (2) where the service must be delivered;
165	165	5.7 (3) to whom and in what form reports regarding the service must be made; and
166	166	5.8 (4) how long or how often the service must be made available to a given recipient.
167	167	5.9 (c) If the application requests a waiver of a rule or temporary, limited exemptions from
168	168	5.10enforcement of a procedural law over which the Metropolitan Council or a metropolitan
169	169	5.11agency has jurisdiction, the state auditor shall also transmit a copy of the application to the
170	170	5.12council or applicable metropolitan agency, whichever has jurisdiction, for review and
171	171	5.13comment. The council or agency shall report its comments to the board within 60 days of
172	172	5.14the date the application was transmitted to the council or agency. The council or agency
173	173	5.15may point out any resources or technical assistance it may be able to provide a local
174	174	5.16government unit submitting a request under this section.
175	175	5.17 (d) Within 15 days after receipt of the application, the state auditor shall transmit a copy
176	176	5.18of it to the commissioner of each agency having jurisdiction over a rule or law from which
177	177	5.19a waiver or exemption is sought. The agency may mail a notice that it has received an
178	178	5.20application for a waiver or exemption to all persons who have registered with the agency
179	179	5.21under section 14.14, subdivision 1a, identifying the rule or law from which a waiver or
180	180	5.22exemption is requested. If no agency has jurisdiction over the rule or law, the state auditor
181	181	5.23shall transmit a copy of the application to the attorney general. The agency shall inform the
182	182	5.24state auditor of its agreement with or objection to and grounds for objection to the waiver
183	183	5.25or exemption request within 60 days of the date when the application was transmitted to it.
184	184	5.26An agency's failure to do so is considered agreement to the waiver or exemption. The state
185	185	5.27auditor shall decide whether to grant a waiver or exemption at the end of the 60-day response
186	186	5.28period. Interested persons may submit written comments to the state auditor on the waiver
187	187	5.29or exemption request up to the end of the 60-day response period.
188	188	5.30 (e) If the exclusive representative of the affected employees of the requesting local
189	189	5.31government unit objects to the waiver or exemption request it may inform the state auditor
190	190	5.32of the objection to and the grounds for the objection to the waiver or exemption request
191	191	5.33within 60 days of the receipt of the application.
192	192	5Article 1 Sec. 2.
193	193	REVISOR MS/VJ 25-0104601/28/25 6.1 Sec. 3. Minnesota Statutes 2024, section 10.60, subdivision 1, is amended to read:
194	194	6.2 Subdivision 1.Definitions.For purposes of this section:
195	195	6.3 (1) "political subdivision" means a county, statutory or home rule charter city, town,
196	196	6.4school district, or other municipal corporation, and the Metropolitan Council and a
197	197	6.5metropolitan or regional agency;
198	198	6.6 (2) "publication" means a document printed with public money by an elected or appointed
199	199	6.7official of a state agency or political subdivision that is intended to be distributed publicly
200	200	6.8outside of the state agency or political subdivision;
201	201	6.9 (3) "state agency" means an entity in the executive, judicial, or legislative branch of
202	202	6.10state government; and
203	203	6.11 (4) "website" means a site maintained on the World Wide Web that is available for
204	204	6.12unrestricted public access and that is maintained with public money by an elected or
205	205	6.13appointed official of a state agency or political subdivision.
206	206	6.14 Sec. 4. Minnesota Statutes 2024, section 10A.01, subdivision 24, is amended to read:
207	207	6.15 Subd. 24.Metropolitan governmental unit."Metropolitan governmental unit" means
208	208	6.16any of the seven counties in the metropolitan area as defined in section 473.121, subdivision
209	209	6.172, a regional railroad authority established by one or more of those counties under section
210	210	6.18398A.03, a city with a population of over 50,000 located in the seven-county metropolitan
211	211	6.19area, the Metropolitan Council, or a metropolitan agency as defined in section 473.121,
212	212	6.20subdivision 5a.
213	213	6.21 Sec. 5. Minnesota Statutes 2024, section 10A.01, subdivision 31, is amended to read:
214	214	6.22 Subd. 31.Political subdivision."Political subdivision" means the Metropolitan Council,
215	215	6.23a metropolitan agency as defined in section 473.121, subdivision 5a, or a municipality as
216	216	6.24defined in section 471.345, subdivision 1.
217	217	6.25 Sec. 6. Minnesota Statutes 2024, section 10A.01, subdivision 32, is amended to read:
218	218	6.26 Subd. 32.Population."Population" means the population established by the most recent
219	219	6.27federal census, by a special census taken by the United States Bureau of the Census, by an
220	220	6.28estimate made by the Metropolitan Council, or by an estimate made by the state demographer
221	221	6.29under section 4A.02, whichever has the latest stated date of count or estimate.
222	222	6Article 1 Sec. 6.
223	223	REVISOR MS/VJ 25-0104601/28/25 7.1 Sec. 7. Minnesota Statutes 2024, section 10A.01, subdivision 35, is amended to read:
224	224	7.2 Subd. 35.Public official."Public official" means any:
225	225	7.3 (1) member of the legislature;
226	226	7.4 (2) individual employed by the legislature as secretary of the senate, legislative auditor,
227	227	7.5director of the Legislative Budget Office, chief clerk of the house of representatives, revisor
228	228	7.6of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of
229	229	7.7Senate Counsel, Research and Fiscal Analysis, House Research, or the House Fiscal Analysis
230	230	7.8Department;
231	231	7.9 (3) constitutional officer in the executive branch and the officer's chief administrative
232	232	7.10deputy;
233	233	7.11 (4) solicitor general or deputy, assistant, or special assistant attorney general;
234	234	7.12 (5) commissioner, deputy commissioner, or assistant commissioner of any state
235	235	7.13department or agency as listed in section 15.01 or 15.06, or the state chief information
236	236	7.14officer;
237	237	7.15 (6) member, chief administrative officer, or deputy chief administrative officer of a state
238	238	7.16board or commission that has either the power to adopt, amend, or repeal rules under chapter
239	239	7.1714, or the power to adjudicate contested cases or appeals under chapter 14;
240	240	7.18 (7) individual employed in the executive branch who is authorized to adopt, amend, or
241	241	7.19repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
242	242	7.20 (8) executive director of the State Board of Investment;
243	243	7.21 (9) deputy of any official listed in clauses (7) and (8);
244	244	7.22 (10) judge of the Workers' Compensation Court of Appeals;
245	245	7.23 (11) administrative law judge or compensation judge in the State Office of Administrative
246	246	7.24Hearings or unemployment law judge in the Department of Employment and Economic
247	247	7.25Development;
248	248	7.26 (12) member, regional administrator, division director, general counsel, or operations
249	249	7.27manager of the Metropolitan Council;
250	250	7.28 (13) (12) member or chief administrator of a metropolitan agency;
251	251	7.29 (14) (13) director of the Division of Alcohol and Gambling Enforcement in the
252	252	7.30Department of Public Safety;
253	253	7.31 (15) (14) member or executive director of the Higher Education Facilities Authority;
254	254	7Article 1 Sec. 7.
255	255	REVISOR MS/VJ 25-0104601/28/25 8.1 (16) (15) member of the board of directors or president of Enterprise Minnesota, Inc.;
256	256	8.2 (17) (16) member of the board of directors or executive director of the Minnesota State
257	257	8.3High School League;
258	258	8.4 (18) (17) member of the Minnesota Ballpark Authority established in section 473.755;
259	259	8.5 (19) (18) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
260	260	8.6 (20) (19) manager of a watershed district, or member of a watershed management
261	261	8.7organization as defined under section 103B.205, subdivision 13;
262	262	8.8 (21) (20) supervisor of a soil and water conservation district;
263	263	8.9 (22) (21) director of Explore Minnesota Tourism;
264	264	8.10 (23) (22) citizen member of the Lessard-Sams Outdoor Heritage Council established in
265	265	8.11section 97A.056;
266	266	8.12 (24) (23) citizen member of the Clean Water Council established in section 114D.30;
267	267	8.13 (25) (24) member or chief executive of the Minnesota Sports Facilities Authority
268	268	8.14established in section 473J.07;
269	269	8.15 (26) (25) district court judge, appeals court judge, or supreme court justice;
270	270	8.16 (27) (26) county commissioner;
271	271	8.17 (28) (27) member of the Greater Minnesota Regional Parks and Trails Commission;
272	272	8.18 (29) (28) member of the Destination Medical Center Corporation established in section
273	273	8.19469.41; or
274	274	8.20 (30) (29) chancellor or member of the Board of Trustees of the Minnesota State Colleges
275	275	8.21and Universities.
276	276	8.22 Sec. 8. Minnesota Statutes 2024, section 13.685, is amended to read:
277	277	8.23 13.685 MUNICIPAL UTILITY CUSTOMER DATA.
278	278	8.24 Data on customers of municipal electric utilities are private data on individuals or
279	279	8.25nonpublic data, but may be released to:
280	280	8.26 (1) a law enforcement agency that requests access to the data in connection with an
281	281	8.27investigation;
282	282	8.28 (2) a school for purposes of compiling pupil census data;
283	283	8.29 (3) the Metropolitan Council for use in studies or analyses required by law;
284	284	8Article 1 Sec. 8.
285	285	REVISOR MS/VJ 25-0104601/28/25 9.1 (4) (3) a public child support authority for purposes of establishing or enforcing child
286	286	9.2support; or
287	287	9.3 (5) (4) a person where use of the data directly advances the general welfare, health, or
288	288	9.4safety of the public; the commissioner of administration may issue advisory opinions
289	289	9.5construing this clause pursuant to section 13.072.
290	290	9.6 Sec. 9. Minnesota Statutes 2024, section 15.0597, subdivision 1, is amended to read:
291	291	9.7 Subdivision 1.Definitions.(a) As used in this section, the following terms shall have
292	292	9.8the meanings given them.
293	293	9.9 (b) "Agency" means (1) a state board, commission, council, committee, authority, task
294	294	9.10force, including an advisory task force created under section 15.014 or 15.0593, a group
295	295	9.11created by executive order of the governor, or other similar multimember agency created
296	296	9.12by law and having statewide jurisdiction; and (2) the Metropolitan Council, a metropolitan
297	297	9.13agency, the Capitol Area Architectural and Planning Board, and any agency with a regional
298	298	9.14jurisdiction created in this state pursuant to an interstate compact.
299	299	9.15 (c) "Vacancy" or "vacant agency position" means (1) a vacancy in an existing agency,
300	300	9.16or (2) a new, unfilled agency position. Vacancy does not mean (1) a vacant position on an
301	301	9.17agency composed exclusively of persons employed by a political subdivision or another
302	302	9.18agency, (2) a vacancy to be filled by a person required to have a specific title or position,
303	303	9.19(3) a vacancy that is to be filled through appointment of a legislator by a legislator or group
304	304	9.20of legislators, or (4) a position appointed by a private entity or individual, in the manner
305	305	9.21specified in the document creating the agency, unless otherwise provided.
306	306	9.22 (d) "Secretary" means the secretary of state.
307	307	9.23 (e) "Appointing authority" means the individual or entity with the specific authority to
308	308	9.24appoint open or direct appointment positions. This includes, but is not limited to, the
309	309	9.25governor, state agency commissioners, indigenous Tribal leaders, designated legislative
310	310	9.26leaders and local agency heads, persons who have been specifically delegated the authority
311	311	9.27to make those appointments, or private entities or persons as designated by the document
312	312	9.28creating the agency. Appointments should be evidenced by a document signed by the
313	313	9.29appointing authority's most senior official. Appointments that do not specify an appointing
314	314	9.30authority shall be made in the manner provided in section 4.04.
315	315	9.31 (f) "Direct appointments" means: (1) the appointment of members to an agency, pursuant
316	316	9.32to a process not subject to this section; and (2) those members of an agency appointed
317	317	9.33through a process not subject to this section. Direct appointments must be provided for
318	318	9Article 1 Sec. 9.
319	319	REVISOR MS/VJ 25-0104601/28/25 10.1specifically in the documents creating the agency, whether enabling law, executive order,
320	320	10.2commissioner's order, or otherwise.
321	321	10.3 Sec. 10. Minnesota Statutes 2024, section 15.0599, subdivision 1, is amended to read:
322	322	10.4 Subdivision 1.Applicability.(a) For purposes of this section, "agency" means:
323	323	10.5 (1) a state board, commission, council, committee, authority, task force, including an
324	324	10.6advisory task force established under section 15.014 or 15.0593, other multimember agency,
325	325	10.7however designated, established by statute or order and having statewide jurisdiction;
326	326	10.8 (2) the Metropolitan Council established by section 473.123, a metropolitan agency as
327	327	10.9defined in section 473.121, subdivision 5a, or a multimember body, however designated,
328	328	10.10appointed by the Metropolitan Council or a metropolitan agency if the membership includes
329	329	10.11at least one person who is not a member of the council or the agency;
330	330	10.12 (3) a multimember body whose members are appointed by the legislature if the body
331	331	10.13has at least one nonlegislative member; and
332	332	10.14 (4) any other multimember body established by law with at least one appointed member,
333	333	10.15without regard to the appointing authority.
334	334	10.16 (b) "Secretary" means the secretary of state.
335	335	10.17Sec. 11. Minnesota Statutes 2024, section 15B.11, subdivision 3, is amended to read:
336	336	10.18 Subd. 3.Data classification and use.(a) The advisory committee's comments and
337	337	10.19criticism under subdivision 1 are public data under section 13.03, subdivision 1.
338	338	10.20 (b) To advise the board on all architectural and planning matters, the advisory committee
339	339	10.21must be kept current about, and have access to, all data relating to the Capitol Area as the
340	340	10.22data is developed or being prepared. Some examples of these types of data are plans, studies,
341	341	10.23reports, and proposals.
342	342	10.24 (c) The obligation under paragraph (b) extends to data developed or being prepared by
343	343	10.25(1) the commissioner of administration; (2) the commissioner of employment and economic
344	344	10.26development; (3) the Metropolitan Council; (4) the city of St. Paul; or (5) (4) one who is
345	345	10.27an architect, planner, agency, or organization and who is engaged in any work or planning
346	346	10.28relating to the Capitol Area.
347	347	10.29 (d) Paragraph (c), clause (5) (4), applies to all the developers or preparers whether they
348	348	10.30are public or private and whether or not they are retained by the board.
349	349	10Article 1 Sec. 11.
350	350	REVISOR MS/VJ 25-0104601/28/25 11.1 (e) If the data described in paragraph (b) is from a public employee or public agency it
351	351	11.2must be filed with the board promptly after it is prepared.
352	352	11.3 (f) The board may employ a reasonable amount of clerical and technical help to assist
353	353	11.4the committee to do its duties.
354	354	11.5 (g) When directed by the board, the advisory committee may serve as, or any of its
355	355	11.6members may serve on, the jury for a competition or as the architectural advisor for a
356	356	11.7competition under section 15B.10.
357	357	11.8 (h) The board must get the advice of its advisory committee before selecting the
358	358	11.9architectural advisor or jurors for a competition.
359	359	11.10Sec. 12. Minnesota Statutes 2024, section 16A.88, subdivision 2, is amended to read:
360	360	11.11 Subd. 2.Metropolitan area transit account.The metropolitan area transit account is
361	361	11.12established within the transit assistance fund in the state treasury. All money in the account
362	362	11.13is annually appropriated to the Metropolitan Council commissioner of transportation for
363	363	11.14the funding of transit systems within the metropolitan area under sections 473.384, 473.386,
364	364	11.15473.387, 473.388, and 473.405 to 473.449.
365	365	11.16Sec. 13. Minnesota Statutes 2024, section 16C.073, subdivision 1, is amended to read:
366	366	11.17 Subdivision 1.Definitions.(a) The definitions in this subdivision apply to this section.
367	367	11.18 (b) "Copier paper" means paper purchased for use in copying machines.
368	368	11.19 (c) "Office paper" means notepads, loose-leaf fillers, tablets, and other paper commonly
369	369	11.20used in offices.
370	370	11.21 (d) "Postconsumer material" means a finished material that would normally be discarded
371	371	11.22as a solid waste, having completed its life cycle as a consumer item.
372	372	11.23 (e) "Practicable" means capable of being used, consistent with performance, in accordance
373	373	11.24with applicable specifications, and availability within a reasonable time.
374	374	11.25 (f) "Printing paper" means paper designed for printing, other than newsprint, such as
375	375	11.26offset and publication paper.
376	376	11.27 (g) "Public entity" means the state, an office, agency, or institution of the state, the
377	377	11.28Metropolitan Council, a metropolitan agency, the Metropolitan Mosquito Control District,
378	378	11.29the legislature, the courts, a county, a statutory or home rule charter city, a town, a school
379	379	11.30district, another special taxing district, or any contractor acting pursuant to a contract with
380	380	11.31a public entity.
381	381	11Article 1 Sec. 13.
382	382	REVISOR MS/VJ 25-0104601/28/25 12.1 (h) "Soy-based ink" means printing ink made from soy oil.
383	383	12.2 (i) "Uncoated" means not coated with plastic, clay, or other material used to create a
384	384	12.3glossy finish.
385	385	12.4 Sec. 14. Minnesota Statutes 2024, section 16C.285, subdivision 1, is amended to read:
386	386	12.5 Subdivision 1.Definitions.(a) For purposes of this section, the terms defined in this
387	387	12.6subdivision have the meanings given them.
388	388	12.7 (b) "Construction contract" means a contract or subcontract of any tier for work on a
389	389	12.8project.
390	390	12.9 (c) "Contractor" means a prime contractor or subcontractor or motor carrier, and does
391	391	12.10not include a design professional or a material supplier. A "design professional" is a business
392	392	12.11or natural person retained to perform services on the project for which licensure is required
393	393	12.12by section 326.02. A "material supplier" is a business or natural person that supplies
394	394	12.13materials, equipment, or supplies to a subcontractor or contractor on a project, including
395	395	12.14performing delivery or unloading services in connection with the supply of materials,
396	396	12.15equipment, or supplies; provided, however, that a material supplier does not include a natural
397	397	12.16person or business that delivers mineral aggregate such as sand, gravel, or stone that is
398	398	12.17incorporated into the work under the contract by depositing the material substantially in
399	399	12.18place, directly or through spreaders, from the transporting vehicle.
400	400	12.19 (d) "Contracting authority" means a state agency, the Minnesota State Colleges and
401	401	12.20Universities, the University of Minnesota, the Metropolitan Council, the Metropolitan
402	402	12.21Airports Commission, or a municipality that enters into a construction contract or authorizes
403	403	12.22or directs entering into a construction contract.
404	404	12.23 (e) "Motor carrier" means a business or natural person providing for-hire transportation
405	405	12.24of materials, equipment, or supplies for a project.
406	406	12.25 (f) "Municipality" means a county, town, home rule charter or statutory city, school
407	407	12.26district, housing and redevelopment authority, port authority, economic development
408	408	12.27authority, sports facilities authority, joint powers board or organization created under section
409	409	12.28471.59 or other statute, special district, instrumentality, drainage authority, watershed district,
410	410	12.29destination medical center corporation, or other municipal corporation or political subdivision
411	411	12.30of the state authorized by law to enter into contracts.
412	412	12.31 (g) "Prime contractor" means a vendor that submits a bid or proposal or otherwise
413	413	12.32responds to a solicitation document of a contracting authority for work on a project or is
414	414	12Article 1 Sec. 14.
415	415	REVISOR MS/VJ 25-0104601/28/25 13.1awarded a construction contract by a contracting authority for work on a project. A prime
416	416	13.2contractor includes a construction manager for purposes of this section.
417	417	13.3 (h) "Principal" means an owner holding at least a 25 percent ownership interest in a
418	418	13.4business.
419	419	13.5 (i) "Project" means building, erection, construction, alteration, remodeling, demolition,
420	420	13.6or repair of buildings, real property, highways, roads, bridges, or other construction work
421	421	13.7performed pursuant to a construction contract.
422	422	13.8 (j) "Related entity" means:
423	423	13.9 (1) a firm, partnership, corporation, joint venture, or other legal entity substantially under
424	424	13.10the control of a contractor or vendor;
425	425	13.11 (2) a predecessor corporation or other legal entity having one or more of the same
426	426	13.12principals as the contractor or vendor;
427	427	13.13 (3) a subsidiary of a contractor or vendor;
428	428	13.14 (4) one or more principals of a contractor or vendor; and
429	429	13.15 (5) a person, firm, partnership, corporation, joint venture, or other legal entity that
430	430	13.16substantially controls a contractor or vendor.
431	431	13.17 (k) "Solicitation document" means an invitation to bid, bid specifications, request for
432	432	13.18proposals, request for qualifications, or other solicitation of contractors for purposes of a
433	433	13.19construction contract.
434	434	13.20 (l) "Subcontractor" means a vendor that seeks to enter into a subcontract or enters into
435	435	13.21a subcontract for work on a project.
436	436	13.22 (m) "Vendor" means a business, including a construction contractor or a natural person,
437	437	13.23and includes both if the natural person is engaged in a business.
438	438	13.24Sec. 15. Minnesota Statutes 2024, section 43A.346, subdivision 1, is amended to read:
439	439	13.25 Subdivision 1.Definition.For purposes of this section, "terminated state employee"
440	440	13.26means a person who occupied a civil service position in the executive or legislative branch
441	441	13.27of state government, the Minnesota State Retirement System, the Public Employees
442	442	13.28Retirement Association, the Office of the Legislative Auditor, or a person who was employed
443	443	13.29by the former Metropolitan Council.
444	444	13Article 1 Sec. 15.
445	445	REVISOR MS/VJ 25-0104601/28/25 14.1 Sec. 16. Minnesota Statutes 2024, section 43A.346, subdivision 2, is amended to read:
446	446	14.2 Subd. 2.Eligibility.(a) This section applies to a terminated state employee who:
447	447	14.3 (1) for at least the five years immediately preceding separation under clause (2), was
448	448	14.4regularly scheduled to work 1,044 or more hours per year in a position covered by a pension
449	449	14.5plan administered by the Minnesota State Retirement System or the Public Employees
450	450	14.6Retirement Association;
451	451	14.7 (2) terminated state or former Metropolitan Council employment;
452	452	14.8 (3) at the time of termination under clause (2), met the age and service requirements
453	453	14.9necessary to receive an unreduced retirement annuity from the plan and satisfied requirements
454	454	14.10for the commencement of the retirement annuity or, for a terminated employee under the
455	455	14.11unclassified employees retirement plan, met the age and service requirements necessary to
456	456	14.12receive an unreduced retirement annuity from the plan and satisfied requirements for the
457	457	14.13commencement of the retirement annuity or elected a lump-sum payment; and
458	458	14.14 (4) agrees to accept a postretirement option position with the same or a different
459	459	14.15appointing authority, working a reduced schedule that is both (i) a reduction of at least 25
460	460	14.16percent from the employee's number of previously regularly scheduled work hours; and (ii)
461	461	14.171,044 hours or less in state or former Metropolitan Council service.
462	462	14.18 (b) For purposes of this section, an unreduced retirement annuity includes a retirement
463	463	14.19annuity computed under a provision of law which permits retirement, without application
464	464	14.20of an earlier retirement reduction factor, whenever age plus years of allowable service total
465	465	14.21at least 90.
466	466	14.22 (c) For purposes of this section, as it applies to state employees who are members of the
467	467	14.23Public Employees Retirement Association who are at least age 62, the length of separation
468	468	14.24requirement and termination of service requirement prohibiting return to work agreements
469	469	14.25under section 353.01, subdivisions 11a and 28, are not applicable.
470	470	14.26Sec. 17. Minnesota Statutes 2024, section 47.52, is amended to read:
471	471	14.27 47.52 AUTHORIZATION.
472	472	14.28 (a) With the prior approval of the commissioner, any bank doing business in this state
473	473	14.29may establish and maintain detached facilities provided the facilities are located within: (1)
474	474	14.30the municipality in which the principal office of the applicant bank is located; or (2) 5,000
475	475	14.31feet of its principal office measured in a straight line from the closest points of the closest
476	476	14.32structures involved; or (3) a municipality in which no bank is located at the time of
477	477	14Article 1 Sec. 17.
478	478	REVISOR MS/VJ 25-0104601/28/25 15.1application; or (4) a municipality having a population of more than 10,000; or (5) a
479	479	15.2municipality having a population of 10,000 or less, as determined by the commissioner
480	480	15.3from the latest available data from the state demographer, or for municipalities located in
481	481	15.4the seven-county metropolitan area from the Metropolitan Council, and all the banks having
482	482	15.5a principal office in the municipality have consented in writing to the establishment of the
483	483	15.6facility.
484	484	15.7 (b) A detached facility shall not be closer than 50 feet to a detached facility operated by
485	485	15.8any other bank and shall not be closer than 100 feet to the principal office of any other bank,
486	486	15.9the measurement to be made in the same manner as provided above. This paragraph shall
487	487	15.10not be applicable if the proximity to the facility or the bank is waived in writing by the other
488	488	15.11bank and filed with the application to establish a detached facility.
489	489	15.12 (c) A bank is allowed, in addition to other facilities, part-time deposit-taking locations
490	490	15.13at elementary and secondary schools located within the municipality in which the main
491	491	15.14banking house or a detached facility is located if they are established in connection with
492	492	15.15student education programs approved by the school administration and consistent with safe,
493	493	15.16sound banking practices.
494	494	15.17 (d) In addition to other facilities, a bank may operate part-time locations at nursing
495	495	15.18homes and senior citizen housing facilities located within the municipality in which the
496	496	15.19main banking house or a detached facility is located, or within the seven-county metropolitan
497	497	15.20area if the bank's main banking facility or a detached facility is located within the
498	498	15.21seven-county metropolitan area, if they are operated in a manner consistent with safe, sound
499	499	15.22banking practices.
500	500	15.23Sec. 18. Minnesota Statutes 2024, section 65B.43, subdivision 20, is amended to read:
501	501	15.24 Subd. 20.Political subdivision."Political subdivision" means any statutory or home
502	502	15.25rule charter city; county; town; school district; or metropolitan council, board or, commission,
503	503	15.26or metropolitan agency operating under chapter 473.
504	504	15.27Sec. 19. Minnesota Statutes 2024, section 85.016, is amended to read:
505	505	15.28 85.016 BICYCLE TRAIL PROGRAM.
506	506	15.29 The commissioner of natural resources must establish a program for the development
507	507	15.30of bicycle trails utilizing the state trails authorized by section 85.015, other state parks and
508	508	15.31recreation land, and state forests. "Bicycle trail," as used in this section, has the meaning
509	509	15.32given in section 169.011. The program must be coordinated with the local park trail-grant
510	510	15Article 1 Sec. 19.
511	511	REVISOR MS/VJ 25-0104601/28/25 16.1program established by the commissioner pursuant to section 85.019, with the state bicycle
512	512	16.2routes established by the commissioner of transportation pursuant to section 160.266, and
513	513	16.3with existing and proposed local bikeways. In the metropolitan area as defined in section
514	514	16.4473.121, the program must be developed in accordance with plans and priorities established
515	515	16.5by the Metropolitan Council. The commissioner must provide technical assistance to local
516	516	16.6units of government in planning and developing bicycle trails in local parks. The bicycle
517	517	16.7trail program must, as a minimum, describe the location, design, construction, maintenance,
518	518	16.8and land acquisition needs of each component trail. The program must be developed after
519	519	16.9consultation with the state trail council and regional and local units of government and
520	520	16.10bicyclist organizations.
521	521	16.11Sec. 20. Minnesota Statutes 2024, section 85.017, is amended to read:
522	522	16.12 85.017 TRAIL REGISTRY.
523	523	16.13 The commissioner of natural resources shall compile and maintain a current registry of
524	524	16.14cross-country skiing, hiking, horseback riding and snowmobiling trails in the state and shall
525	525	16.15publish and distribute the information in the manner prescribed in section 86A.11. The
526	526	16.16Metropolitan Council, the commissioner of employment and economic development, the
527	527	16.17Minnesota Historical Society, and local units of government shall cooperate with and assist
528	528	16.18the commissioner in preparing the registry.
529	529	16.19Sec. 21. Minnesota Statutes 2024, section 85.53, subdivision 3, is amended to read:
530	530	16.20 Subd. 3.Metropolitan area; distribution formula.Money appropriated from the parks
531	531	16.21and trails fund to the Metropolitan Council commissioner of natural resources for
532	532	16.22metropolitan area parks and trails shall be distributed to implementing agencies, as defined
533	533	16.23in section 473.351, subdivision 1, paragraph (a), as grants according to the following formula:
534	534	16.24 (1) 45 percent of the money must be disbursed according to the allocation formula in
535	535	16.25section 473.351, subdivision 3, to each implementing agency;
536	536	16.26 (2) 31.5 percent of the money must be distributed based on each implementing agency's
537	537	16.27relative share of the most recent estimate of the population of the metropolitan area;
538	538	16.28 (3) 13.5 percent of the money must be distributed based on each implementing agency's
539	539	16.29relative share of nonlocal visits based on the most recent user visitation survey conducted
540	540	16.30by the Metropolitan Council Parks and Open Space Commission; and
541	541	16.31 (4) ten percent of the money must be distributed as grants to implementing agencies for
542	542	16.32land acquisition within Metropolitan Council Parks and Open Space Commission approved
543	543	16Article 1 Sec. 21.
544	544	REVISOR MS/VJ 25-0104601/28/25 17.1regional parks and trails master plan boundaries under the council's commissioner's park
545	545	17.2acquisition opportunity grant program. The Metropolitan Council commission must provide
546	546	17.3a match of $2 of the council's commission's park bonds for every $3 of state funds for the
547	547	17.4park acquisition opportunity grant program.
548	548	17.5 Sec. 22. Minnesota Statutes 2024, section 103B.155, is amended to read:
549	549	17.6 103B.155 STATE WATER AND RELATED LAND RESOURCE PLAN.
550	550	17.7 The commissioner of natural resources, in cooperation with other state and federal
551	551	17.8agencies, regional development commissions, the Metropolitan Council, local governmental
552	552	17.9units, and citizens, shall prepare a statewide framework and assessment water and related
553	553	17.10land resources plan for presentation to the legislature by November 15, 1975, for its review
554	554	17.11and approval or disapproval. This plan must relate each of the programs of the Department
555	555	17.12of Natural Resources for specific aspects of water management to the others. The statewide
556	556	17.13plan must include:
557	557	17.14 (1) regulation of improvements and land development by abutting landowners of the
558	558	17.15beds, banks, and shores of lakes, streams, watercourses, and marshes by permit or otherwise
559	559	17.16to preserve them for beneficial use;
560	560	17.17 (2) regulation of construction of improvements on and prevention of encroachments in
561	561	17.18the floodplains of the rivers, streams, lakes, and marshes of the state;
562	562	17.19 (3) reclamation or filling of wet and overflowed lands;
563	563	17.20 (4) repair, improvement, relocation, modification or consolidation in whole or in part
564	564	17.21of previously established public drainage systems within the state;
565	565	17.22 (5) preservation of wetland areas;
566	566	17.23 (6) management of game and fish resources as related to water resources;
567	567	17.24 (7) control of water weeds;
568	568	17.25 (8) control or alleviation of damages by floodwaters;
569	569	17.26 (9) alteration of stream channels for conveyance of surface waters, navigation, and any
570	570	17.27other public purposes;
571	571	17.28 (10) diversion or changing of watercourses in whole or in part;
572	572	17.29 (11) regulation of the flow of streams and conservation of their waters;
573	573	17.30 (12) regulation of lake water levels;
574	574	17Article 1 Sec. 22.
575	575	REVISOR MS/VJ 25-0104601/28/25 18.1 (13) maintenance of water supply for municipal, domestic, industrial, recreational,
576	576	18.2agricultural, aesthetic, wildlife, fishery, or other public use;
577	577	18.3 (14) sanitation and public health and regulation of uses of streams, ditches, or
578	578	18.4watercourses to dispose of waste and maintain water quality;
579	579	18.5 (15) preventive or remedial measures to control or alleviate land and soil erosion and
580	580	18.6siltation of affected watercourses or bodies of water;
581	581	18.7 (16) regulation of uses of water surfaces; and
582	582	18.8 (17) identification of high priority regions for wetland preservation, enhancement,
583	583	18.9restoration, and establishment.
584	584	18.10Sec. 23. Minnesota Statutes 2024, section 103B.231, subdivision 3a, is amended to read:
585	585	18.11 Subd. 3a.Priority schedule.(a) The Board of Water and Soil Resources in consultation
586	586	18.12with the state review agencies and the Metropolitan Council may develop a priority schedule
587	587	18.13for the revision of plans required under this chapter.
588	588	18.14 (b) The prioritization should be based on but not be limited to status of current plan,
589	589	18.15scheduled revision dates, anticipated growth and development, existing and potential
590	590	18.16problems, and regional water quality goals and priorities.
591	591	18.17 (c) The schedule will be used by the Board of Water and Soil Resources in consultation
592	592	18.18with the state review agencies and the Metropolitan Council to direct watershed management
593	593	18.19organizations of when they will be required to revise their plans.
594	594	18.20 (d) In the event that a plan expires prior to notification from the Board of Water and
595	595	18.21Soil Resources under this section, the existing plan, authorities, and official controls of a
596	596	18.22watershed management organization shall remain in full force and effect until a revision is
597	597	18.23approved.
598	598	18.24 (e) Watershed management organizations submitting plans and draft plan amendments
599	599	18.25for review prior to the board's priority review schedule, may proceed to adopt and implement
600	600	18.26the plan revisions without formal board approval if the board fails to adjust its priority
601	601	18.27review schedule for plan review, and commence its statutory review process within 45 days
602	602	18.28of submittal of the plan revision or amendment.
603	603	18.29Sec. 24. Minnesota Statutes 2024, section 103B.231, subdivision 7, is amended to read:
604	604	18.30 Subd. 7.Reviewing draft plan.(a) Upon completion of the plan but before final adoption
605	605	18.31by the organization, the organization must submit the draft plan for a 60-day review and
606	606	18Article 1 Sec. 24.
607	607	REVISOR MS/VJ 25-0104601/28/25 19.1comment period to all counties, the Metropolitan Council, the state review agencies, the
608	608	19.2Board of Water and Soil Resources, soil and water conservation districts, towns, and statutory
609	609	19.3and home rule charter cities having territory within the watershed. A local government unit
610	610	19.4that expects that substantial amendment of its local comprehensive plan will be necessary
611	611	19.5to bring local water management into conformance with the watershed plan must describe
612	612	19.6as specifically as possible, within its comments, the amendments to the local plan that it
613	613	19.7expects will be necessary. If the county has a groundwater plan, the county must review
614	614	19.8and comment on the consistency of the watershed plan with the county groundwater plan.
615	615	19.9Differences among local governmental agencies regarding the plan must be mediated.
616	616	19.10Notwithstanding sections 103D.401, 103D.405, and 473.165, the council shall review the
617	617	19.11plan in the same manner and with the same authority and effect as provided for the council's
618	618	19.12review of the comprehensive plans of local government units under section 473.175. The
619	619	19.13council shall comment on the apparent conformity with metropolitan system plans of any
620	620	19.14anticipated amendments to local comprehensive plans. The council shall advise the Board
621	621	19.15of Water and Soil Resources on whether the plan conforms with the management objectives
622	622	19.16and target pollution loads stated in the council's water resources plan and shall recommend
623	623	19.17changes in the plan that would satisfy the council's plan.
624	624	19.18 (b) The watershed management organization must respond in writing to any concerns
625	625	19.19expressed by the review agencies at least ten days before the public hearing.
626	626	19.20 (c) The watershed management organization must hold a public hearing on the draft
627	627	19.21plan no sooner than 14 days after the 60-day review period of the draft plan. The board or
628	628	19.22boards of the affected counties shall approve or disapprove projects in the capital
629	629	19.23improvement program which may require the provision of county funds pursuant to section
630	630	19.24103B.251 or 103D.901, subdivision 2. Each county has up until the date of the public hearing
631	631	19.25on the draft plan to complete its review of the capital improvement program. If the county
632	632	19.26fails to complete its review within the prescribed period, unless an extension is agreed to
633	633	19.27by the organization the program shall be deemed approved. If the watershed extends into
634	634	19.28more than one county and one or more counties disapprove of all or part of a capital
635	635	19.29improvement program while the other county or counties approve, the program shall be
636	636	19.30submitted to the Board of Water and Soil Resources for review pursuant to subdivision 9.
637	637	19.31Sec. 25. Minnesota Statutes 2024, section 103B.231, subdivision 9, is amended to read:
638	638	19.32 Subd. 9.Approval by board.After completion of the review under subdivision 7, the
639	639	19.33draft plan, any amendments thereto, all written comments received on the draft plan, a record
640	640	19.34of the public hearing, and a summary of changes incorporated as a result of the review
641	641	19Article 1 Sec. 25.
642	642	REVISOR MS/VJ 25-0104601/28/25 20.1process shall be submitted to the Metropolitan Council, the state review agencies, and the
643	643	20.2Board of Water and Soil Resources for final review. The board shall review the plan for
644	644	20.3conformance with the requirements of sections 103B.205 to 103B.255, and chapter 103D.
645	645	20.4The board shall not prescribe a plan, but may disapprove all or parts of a plan which it
646	646	20.5determines is not in conformance with the requirements of sections 103B.205 to 103B.255,
647	647	20.6and chapter 103D. If the capital improvement program is the subject of a dispute between
648	648	20.7counties, the Board of Water and Soil Resources shall make a final decision on the issue.
649	649	20.8The decision shall be binding on the organization and the counties involved. The board shall
650	650	20.9complete its review under this section within 90 days.
651	651	20.10Sec. 26. Minnesota Statutes 2024, section 103B.231, subdivision 11, is amended to read:
652	652	20.11 Subd. 11.Amendments.To the extent and in the manner required by the adopted plan,
653	653	20.12all amendments to the adopted plan shall be submitted to the towns, cities, county, the
654	654	20.13Metropolitan Council, the state review agencies, and the Board of Water and Soil Resources
655	655	20.14for review in accordance with the provisions of subdivisions 7 and 9. Amendments necessary
656	656	20.15to revise the plan to be consistent with the county groundwater plan, as required by
657	657	20.16subdivision 4, must be submitted for review in accordance with subdivisions 7 and 9. Minor
658	658	20.17amendments to a plan shall be reviewed in accordance with standards prescribed in the
659	659	20.18watershed management plan.
660	660	20.19Sec. 27. Minnesota Statutes 2024, section 103B.235, subdivision 3, is amended to read:
661	661	20.20 Subd. 3.Review; watershed management organization.After consideration but before
662	662	20.21adoption by the governing body, each local unit shall submit its water management plan to
663	663	20.22the watershed management organization for review for consistency with the watershed plan
664	664	20.23adopted pursuant to section 103B.231. If the county or counties having territory within the
665	665	20.24local unit have a state-approved and locally adopted groundwater plan, the local unit shall
666	666	20.25submit its plan to the county or counties for review. The county or counties have 45 days
667	667	20.26to review and comment on the plan. The organization shall approve or disapprove the local
668	668	20.27plan or parts of the plan. The organization shall have 60 days to complete its review;
669	669	20.28provided, however, that the watershed management organization shall, as part of its review,
670	670	20.29take into account the comments submitted to it by the Metropolitan Council pursuant to
671	671	20.30subdivision 3a. If the organization fails to complete its review within the prescribed period,
672	672	20.31the local plan shall be deemed approved unless an extension is agreed to by the local unit.
673	673	20Article 1 Sec. 27.
674	674	REVISOR MS/VJ 25-0104601/28/25 21.1 Sec. 28. Minnesota Statutes 2024, section 103B.255, subdivision 8, is amended to read:
675	675	21.2 Subd. 8.Reviewing draft plan.(a) Upon completion of the groundwater plan but before
676	676	21.3final adoption by the county, the county shall submit the draft plan for a 60-day review and
677	677	21.4comment period to adjoining counties, the Metropolitan Council, the state review agencies,
678	678	21.5the Board of Water and Soil Resources, each soil and water conservation district, town,
679	679	21.6statutory and home rule charter city, and watershed management organization having territory
680	680	21.7within the county. The county also shall submit the plan to any other county or watershed
681	681	21.8management organization or district in the affected groundwater system that could affect
682	682	21.9or be affected by implementation of the plan. Any political subdivision or watershed
683	683	21.10management organization that expects that substantial amendment of its plans would be
684	684	21.11necessary in order to bring them into conformance with the county groundwater plan shall
685	685	21.12describe as specifically as possible, within its comments, the amendments that it expects
686	686	21.13would be necessary and the cost of amendment and implementation. Reviewing entities
687	687	21.14have 60 days to review and comment. Differences among local governmental agencies
688	688	21.15regarding the plan must be mediated. Notwithstanding sections 103D.401, 103D.405, and
689	689	21.16473.165, the council shall review the plan in the same manner and with the same authority
690	690	21.17and effect as provided in section 473.175 for review of the comprehensive plans of local
691	691	21.18government units. The council shall comment on the apparent conformity with metropolitan
692	692	21.19system plans of any anticipated amendments to watershed plans and local comprehensive
693	693	21.20plans. The council shall advise the Board of Water and Soil Resources on whether the plan
694	694	21.21conforms with the management objectives stated in the council's water resources plan and
695	695	21.22shall recommend changes in the plan that would satisfy the council's plan.
696	696	21.23 (b) The county must respond in writing to any concerns expressed by the reviewing
697	697	21.24agencies within 30 days of receipt thereof.
698	698	21.25 (c) The county shall hold a public hearing on the draft plan no sooner than 30 days and
699	699	21.26no later than 45 days after the 60-day review period of the draft plan.
700	700	21.27Sec. 29. Minnesota Statutes 2024, section 103B.255, subdivision 9, is amended to read:
701	701	21.28 Subd. 9.Review by Metropolitan Council and state agencies.After completion of
702	702	21.29the review under subdivision 8, the draft plan, any amendments thereto, all written comments
703	703	21.30received on the plan, a record of the public hearing, and a summary of changes incorporated
704	704	21.31as part of the review process must be submitted to the Metropolitan Council, the state review
705	705	21.32agencies, and the Board of Water and Soil Resources for final review. The state review
706	706	21.33agencies shall review and comment on the consistency of the plan with state laws and rules
707	707	21.34relating to water and related land resources. The state review agencies shall forward their
708	708	21Article 1 Sec. 29.
709	709	REVISOR MS/VJ 25-0104601/28/25 22.1comments to the board within 45 days after they receive the final review draft of the plan.
710	710	22.2A state review agency may request and receive up to a 30-day extension of this review
711	711	22.3period from the board.
712	712	22.4 Sec. 30. Minnesota Statutes 2024, section 103B.255, subdivision 12, is amended to read:
713	713	22.5 Subd. 12.Amendments.To the extent and in the manner required by the adopted plan,
714	714	22.6all amendments to the adopted plan must be submitted to the towns, cities, counties, the
715	715	22.7Metropolitan Council, the state review agencies, and the Board of Water and Soil Resources
716	716	22.8for review in accordance with the provisions of subdivisions 8 to 10.
717	717	22.9 Sec. 31. Minnesota Statutes 2024, section 103G.293, is amended to read:
718	718	22.10 103G.293 STATEWIDE DROUGHT PLAN.
719	719	22.11 The commissioner shall establish a plan to respond to drought-related emergencies and
720	720	22.12to prepare a statewide framework for drought response. The plan must consider metropolitan
721	721	22.13water supply plans of the Metropolitan Council prepared under section 473.1565. The plan
722	722	22.14must provide a framework for implementing drought response actions in a staged approach
723	723	22.15related to decreasing levels of flows. Permits issued under section 103G.271 must provide
724	724	22.16conditions on water appropriation consistent with the drought response plan established by
725	725	22.17this section.
726	726	22.18Sec. 32. Minnesota Statutes 2024, section 114C.25, is amended to read:
727	727	22.19 114C.25 GREEN STAR AWARD.
728	728	22.20 (a) A regulated entity may display at a facility a "green star" award designed by the
729	729	22.21commissioner if:
730	730	22.22 (1) the regulated entity qualifies for participation in the environmental improvement
731	731	22.23program under section 114C.22;
732	732	22.24 (2) the scope of the regulated entity's audit examines the facility's compliance with
733	733	22.25applicable environmental requirements;
734	734	22.26 (3) the regulated entity certifies that all violations that were identified in the audit of the
735	735	22.27facility were corrected within 90 days or within the time specified in an approved
736	736	22.28performance schedule or certifies that no violations were identified in the audit; and
737	737	22.29 (4) at least two years have elapsed since the final resolution of an enforcement action
738	738	22.30involving the regulated entity.
739	739	22Article 1 Sec. 32.
740	740	REVISOR MS/VJ 25-0104601/28/25 23.1 (b) After consulting with each other, however, the commissioner or the county may issue
741	741	23.2an award if the enforcement action resulted from minor violations. If the regulated entity
742	742	23.3is located in a metropolitan county, the commissioner and the county must also consult with
743	743	23.4the Metropolitan Council before issuing a green star award.
744	744	23.5 (c) The award may be displayed for a period of two years from the time that the
745	745	23.6commissioner determines that the requirements of this section have been met. A facility
746	746	23.7submitting findings from its environmental management system is not eligible to receive
747	747	23.8an award unless the findings are part of an audit which examines the facility's compliance
748	748	23.9with applicable environmental requirements.
749	749	23.10Sec. 33. Minnesota Statutes 2024, section 114D.30, subdivision 4, is amended to read:
750	750	23.11 Subd. 4.Terms; compensation; removal.The terms of members representing the state
751	751	23.12agencies and the Metropolitan Council are four years and are coterminous with the governor.
752	752	23.13The terms of other nonlegislative members of the council shall be as provided in section
753	753	23.1415.059, subdivision 2. Members may serve until their successors are appointed and qualify.
754	754	23.15Compensation and removal of nonlegislative council members is as provided in section
755	755	23.1615.059, subdivisions 3 and 4, except that a nonlegislative member may be compensated at
756	756	23.17the rate of up to $125 a day. Compensation of legislative members is as determined by the
757	757	23.18appointing authority. The Pollution Control Agency may reimburse legislative members
758	758	23.19for expenses. A vacancy on the council may be filled by the appointing authority provided
759	759	23.20in subdivision 1 for the remainder of the unexpired term.
760	760	23.21Sec. 34. Minnesota Statutes 2024, section 116M.15, subdivision 1, is amended to read:
761	761	23.22 Subdivision 1.Membership.The Minnesota Emerging Entrepreneur Board is created
762	762	23.23and consists of the commissioner of employment and economic development, the
763	763	23.24commissioner of human rights, the chair of the Metropolitan Council, and 12 members from
764	764	23.25the general public appointed by the governor. Nine of the public members must be
765	765	23.26representatives from minority business enterprises. No more than six of the public members
766	766	23.27may be of one gender. At least one member must be a representative from a veteran-owned
767	767	23.28business, and at least one member must be a representative from a business owned by a
768	768	23.29person with disabilities. Appointments must ensure balanced geographic representation. At
769	769	23.30least half of the public members must have experience working to address racial income
770	770	23.31disparities. All public members must be experienced in business or economic development.
771	771	23Article 1 Sec. 34.
772	772	REVISOR MS/VJ 25-0104601/28/25 24.1 Sec. 35. Minnesota Statutes 2024, section 118A.07, subdivision 1, is amended to read:
773	773	24.2 Subdivision 1.Authority provided.As used in this section, "governmental entity"
774	774	24.3means a city with a population in excess of 200,000, or a county that contains a city of that
775	775	24.4size, or the Metropolitan Council. If a governmental entity meets the requirements of
776	776	24.5subdivisions 2 and 3, it may exercise additional investment authority under subdivisions 4,
777	777	24.65, and 6.
778	778	24.7 Sec. 36. Minnesota Statutes 2024, section 124D.892, subdivision 1, is amended to read:
779	779	24.8 Subdivision 1.Establishment.(a) An Office of Desegregation/Integration is established
780	780	24.9in the Department of Education to coordinate and support activities related to student
781	781	24.10enrollment, student and staff recruitment and retention, transportation, and interdistrict
782	782	24.11cooperation among school districts.
783	783	24.12 (b) At the request of a school district involved in cooperative desegregation/integration
784	784	24.13efforts, the office shall perform any of the following activities:
785	785	24.14 (1) assist districts with interdistrict student transfers, including student recruitment,
786	786	24.15counseling, placement, and transportation;
787	787	24.16 (2) coordinate and disseminate information about schools and programs;
788	788	24.17 (3) assist districts with new magnet schools and programs;
789	789	24.18 (4) assist districts in providing staff development and in-service training; and
790	790	24.19 (5) coordinate and administer staff exchanges.
791	791	24.20 (c) The office shall collect data on the efficacy of districts' desegregation/integration
792	792	24.21efforts and make recommendations based on the data. The office shall periodically consult
793	793	24.22with the Metropolitan Council to coordinate metropolitan school desegregation/integration
794	794	24.23efforts with the housing, social, economic, and infrastructure needs of the metropolitan area.
795	795	24.24The office shall develop a process for resolving students' disputes and grievances about
796	796	24.25student transfers under a desegregation/integration plan.
797	797	24.26Sec. 37. Minnesota Statutes 2024, section 134.201, subdivision 5, is amended to read:
798	798	24.27 Subd. 5.General levy authority.The board may levy for operation of public library
799	799	24.28service. This levy shall replace levies for operation of public library service by cities and
800	800	24.29counties authorized in section 134.07. The amount levied shall be spread on the net tax
801	801	24.30capacity of all taxable property in the district at a uniform tax rate.
802	802	24Article 1 Sec. 37.
803	803	REVISOR MS/VJ 25-0104601/28/25 25.1 (a) The maximum amount that may be levied by a board under this section is the greater
804	804	25.2of:
805	805	25.3 (1) the statewide average local support per capita for public library services for the most
806	806	25.4recent reporting period available, as certified by the commissioner of education, multiplied
807	807	25.5by the population of the district according to the most recent estimate of the state
808	808	25.6demographer or the Metropolitan Council; or
809	809	25.7 (2) the total amount provided by participating counties and cities under section 134.34,
810	810	25.8subdivision 4, during the year preceding the first year of operation.
811	811	25.9 (b) For its first year of operation, the board shall levy an amount not less than the total
812	812	25.10dollar amount provided by participating cities and counties during the preceding year under
813	813	25.11section 134.34, subdivision 4.
814	814	25.12Sec. 38. Minnesota Statutes 2024, section 145A.02, subdivision 16, is amended to read:
815	815	25.13 Subd. 16.Population."Population" means the total number of residents of the state or
816	816	25.14any city or county as established by the last federal census, by a special census taken by the
817	817	25.15United States Bureau of the Census, or by the state demographer under section 4A.02, or
818	818	25.16by an estimate of city population prepared by the Metropolitan Council, whichever is the
819	819	25.17most recent as to the stated date of count or estimate.
820	820	25.18Sec. 39. Minnesota Statutes 2024, section 216C.145, subdivision 1, is amended to read:
821	821	25.19 Subdivision 1.Definitions.(a) The definitions in this subdivision apply to this section.
822	822	25.20 (b) "Community energy efficiency and renewable energy projects" means solar thermal
823	823	25.21water heating, solar electric or photovoltaic equipment, small wind energy conversion
824	824	25.22systems of less than 250 kW, anaerobic digester gas systems, microhydro systems up to
825	825	25.23100 kW, heating and cooling applications using solar thermal or ground source technology,
826	826	25.24and cost-effective energy efficiency projects installed in industrial, commercial, or public
827	827	25.25buildings, or health care facilities.
828	828	25.26 (c) "Health care facilities" means a hospital licensed under sections 144.50 to 144.56,
829	829	25.27or a nursing home licensed under chapter 144A.
830	830	25.28 (d) "Industrial customer" means a business that is classified under the North American
831	831	25.29Industrial Classification System under codes 21, 31 to 33, 48, 49, or 562.
832	832	25.30 (e) "Small business" means a business that employs 50 or fewer employees.
833	833	25Article 1 Sec. 39.
834	834	REVISOR MS/VJ 25-0104601/28/25 26.1 (f) "Unit of local government" means any home rule charter or statutory city, county,
835	835	26.2commission, district, authority, or other political subdivision or instrumentality of this state,
836	836	26.3including a sanitary district, park district, the Metropolitan Council, a port authority, an
837	837	26.4economic development authority, or a housing and redevelopment authority.
838	838	26.5 Sec. 40. Minnesota Statutes 2024, section 216C.15, subdivision 1, is amended to read:
839	839	26.6 Subdivision 1.Priorities and requirements.The commissioner shall maintain an
840	840	26.7emergency conservation and allocation plan. The plan shall provide a variety of strategies
841	841	26.8and staged conservation measures to reduce energy use and, in the event of an energy supply
842	842	26.9emergency, shall establish guidelines and criteria for allocation of fuels to priority users.
843	843	26.10The plan shall contain alternative conservation actions and allocation plans to reasonably
844	844	26.11meet various foreseeable shortage circumstances and allow a choice of appropriate responses.
845	845	26.12The plan shall be consistent with requirements of federal emergency energy conservation
846	846	26.13and allocation laws and regulations, shall be based on reasonable energy savings or transfers
847	847	26.14from scarce energy resources and shall:
848	848	26.15 (1) give priority to individuals, institutions, agriculture, businesses, and public transit
849	849	26.16under contract with the commissioner of transportation or the Metropolitan Council which
850	850	26.17demonstrate they have engaged in energy-saving measures and shall include provisions to
851	851	26.18insure that:
852	852	26.19 (i) immediate allocations to individuals, institutions, agriculture, businesses, and public
853	853	26.20transit be based on needs at energy conservation levels;
854	854	26.21 (ii) successive allocations to individuals, institutions, agriculture, businesses, and public
855	855	26.22transit be based on needs after implementation of required action to increase energy
856	856	26.23conservation; and
857	857	26.24 (iii) needs of individuals, institutions, and public transit are adjusted to insure the health
858	858	26.25and welfare of the young, old and infirm;
859	859	26.26 (2) insure maintenance of reasonable job safety conditions and avoid environmental
860	860	26.27sacrifices;
861	861	26.28 (3) establish programs, controls, standards, priorities or quotas for the allocation,
862	862	26.29conservation, and consumption of energy resources; and for the suspension and modification
863	863	26.30of existing standards and the establishment of new standards affecting or affected by the
864	864	26.31use of energy resources, including those related to the type and composition of energy
865	865	26.32sources, and to the hours and days during which public buildings, commercial and industrial
866	866	26.33establishments, and other energy-consuming facilities may or are required to remain open;
867	867	26Article 1 Sec. 40.
868	868	REVISOR MS/VJ 25-0104601/28/25 27.1 (4) establish programs to control the use, sale or distribution of commodities, materials,
869	869	27.2goods or services;
870	870	27.3 (5) establish regional programs and agreements for the purpose of coordinating the
871	871	27.4energy resources, programs and actions of the state with those of the federal government,
872	872	27.5of local governments, and of other states and localities;
873	873	27.6 (6) determine at what level of an energy supply emergency situation the Pollution Control
874	874	27.7Agency shall be requested to ask the governor to petition the president for a temporary
875	875	27.8emergency suspension of air quality standards as required by the Clean Air Act, United
876	876	27.9States Code, title 42, section 7410f; and
877	877	27.10 (7) establish procedures for fair and equitable review of complaints and requests for
878	878	27.11special exemptions regarding emergency conservation measures or allocations.
879	879	27.12Sec. 41. Minnesota Statutes 2024, section 216H.02, subdivision 2, is amended to read:
880	880	27.13 Subd. 2.Climate change action plan.By February 1, 2008, the commissioner of
881	881	27.14commerce, in consultation with the commissioners of the Pollution Control Agency, the
882	882	27.15Housing Finance Agency, and the Departments of Natural Resources, Agriculture,
883	883	27.16Employment and Economic Development, and Transportation, and the chair of the
884	884	27.17Metropolitan Council, shall submit to the legislature a climate change action plan that meets
885	885	27.18the requirements of this section.
886	886	27.19Sec. 42. Minnesota Statutes 2024, section 240.06, subdivision 2, is amended to read:
887	887	27.20 Subd. 2.Hearings.Before granting a class A license the commission shall conduct one
888	888	27.21or more public hearings in the area where the racetrack is or will be located. The commission
889	889	27.22shall also request comments on the application from the city council or town board of the
890	890	27.23city or town where the track is or will be located, or from the county board if it is to be
891	891	27.24located outside a city or town and from the appropriate regional development commission
892	892	27.25or the Metropolitan Council, as the case may be.
893	893	27.26Sec. 43. Minnesota Statutes 2024, section 270.12, subdivision 3, is amended to read:
894	894	27.27 Subd. 3.Jurisdictions in two or more counties.When a taxing jurisdiction lies in two
895	895	27.28or more counties, if the sales ratio studies prepared by the Department of Revenue show
896	896	27.29that the average levels of assessment in the several portions of the taxing jurisdictions in
897	897	27.30the different counties differ by more than five percent, the board may order the apportionment
898	898	27.31of the levy. When the sales ratio studies prepared by the Department of Revenue show that
899	899	27.32the average levels of assessment in the several portions of the taxing jurisdictions in the
900	900	27Article 1 Sec. 43.
901	901	REVISOR MS/VJ 25-0104601/28/25 28.1different counties differ by more than ten percent, the board shall order the apportionment
902	902	28.2of the levy unless (a) the proportion of total adjusted tax capacity in one of the counties is
903	903	28.3less than ten percent of the total adjusted tax capacity in the taxing jurisdiction and the
904	904	28.4average level of assessment in that portion of the taxing jurisdiction is the level which differs
905	905	28.5by more than five percent from the assessment level in any one of the other portions of the
906	906	28.6taxing jurisdiction; (b) significant changes have been made in the level of assessment in the
907	907	28.7taxing jurisdiction which have not been reflected in the sales ratio study, and those changes
908	908	28.8alter the assessment levels in the portions of the taxing jurisdiction so that the assessment
909	909	28.9level now differs by five percent or less; or (c) commercial, industrial, mineral, or public
910	910	28.10utility property predominates in one county within the taxing jurisdiction and another class
911	911	28.11of property predominates in another county within that same taxing jurisdiction. If one or
912	912	28.12more of these factors are present, the board may order the apportionment of the levy.
913	913	28.13 Notwithstanding any other provision, the levy for the Metropolitan Mosquito Control
914	914	28.14District, Metropolitan Council, metropolitan transit district, and metropolitan transit area
915	915	28.15must be apportioned without regard to the percentage difference.
916	916	28.16 If, pursuant to this subdivision, the board apportions the levy, then that levy
917	917	28.17apportionment among the portions in the different counties shall be made in the same
918	918	28.18proportion as the adjusted tax capacity as determined by the commissioner in each portion
919	919	28.19is to the total adjusted tax capacity of the taxing jurisdiction.
920	920	28.20 For the purposes of this section, the average level of assessment in a taxing jurisdiction
921	921	28.21or portion thereof shall be the aggregate assessment sales ratio. Tax capacities as determined
922	922	28.22by the commissioner shall be the tax capacities as determined for the year preceding the
923	923	28.23year in which the levy to be apportioned is levied.
924	924	28.24 Actions pursuant to this subdivision shall be commenced subsequent to the annual
925	925	28.25meeting on April 15 of the State Board of Equalization, but notice of the action shall be
926	926	28.26given to the affected jurisdiction and the appropriate county auditors by the following June
927	927	28.2730.
928	928	28.28 Apportionment of a levy pursuant to this subdivision shall be considered as a remedy
929	929	28.29to be taken after equalization pursuant to subdivision 2, and when equalization within the
930	930	28.30jurisdiction would disturb equalization within other jurisdictions of which the several portions
931	931	28.31of the jurisdiction in question are a part.
932	932	28Article 1 Sec. 43.
933	933	REVISOR MS/VJ 25-0104601/28/25 29.1 Sec. 44. Minnesota Statutes 2024, section 275.065, subdivision 3, is amended to read:
934	934	29.2 Subd. 3.Notice of proposed property taxes.(a) The county auditor shall prepare and
935	935	29.3the county treasurer shall deliver after November 10 and on or before November 24 each
936	936	29.4year, by first class mail to each taxpayer at the address listed on the county's current year's
937	937	29.5assessment roll, a notice of proposed property taxes. Upon written request by the taxpayer,
938	938	29.6the treasurer may send the notice in electronic form or by electronic mail instead of on paper
939	939	29.7or by ordinary mail.
940	940	29.8 (b) The commissioner of revenue shall prescribe the form of the notice.
941	941	29.9 (c) The notice must inform taxpayers that it contains the amount of property taxes each
942	942	29.10taxing authority proposes to collect for taxes payable the following year. In the case of a
943	943	29.11town, or in the case of the state general tax, the final tax amount will be its proposed tax.
944	944	29.12The notice must clearly state for each city that has a population over 500, county, school
945	945	29.13district, regional library authority established under section 134.201, metropolitan taxing
946	946	29.14districts as defined in paragraph (i), and fire protection and emergency medical services
947	947	29.15special taxing districts established under section 144F.01, the time and place of a meeting
948	948	29.16for each taxing authority in which the budget and levy will be discussed and public input
949	949	29.17allowed, prior to the final budget and levy determination. The taxing authorities must provide
950	950	29.18the county auditor with the information to be included in the notice on or before the time it
951	951	29.19certifies its proposed levy under subdivision 1. The public must be allowed to speak at that
952	952	29.20meeting, which must occur after November 24 and must not be held before 6:00 p.m. It
953	953	29.21must provide a website address and a telephone number for the taxing authority that taxpayers
954	954	29.22may call if they have questions related to the notice and an address where comments will
955	955	29.23be received by mail, except that no notice required under this section shall be interpreted
956	956	29.24as requiring the printing of a personal telephone number or address as the contact information
957	957	29.25for a taxing authority. If a taxing authority does not maintain a website or public offices
958	958	29.26where telephone calls can be received by the authority, the authority may inform the county
959	959	29.27of the lack of a public website or telephone number and the county shall not list a website
960	960	29.28or telephone number for that taxing authority.
961	961	29.29 (d) The notice must state for each parcel:
962	962	29.30 (1) the market value of the property as determined under section 273.11, and used for
963	963	29.31computing property taxes payable in the following year and for taxes payable in the current
964	964	29.32year as each appears in the records of the county assessor on November 1 of the current
965	965	29.33year; and, in the case of residential property, whether the property is classified as homestead
966	966	29Article 1 Sec. 44.
967	967	REVISOR MS/VJ 25-0104601/28/25 30.1or nonhomestead. The notice must clearly inform taxpayers of the years to which the market
968	968	30.2values apply and that the values are final values;
969	969	30.3 (2) the items listed below, shown separately by county, city or town, and state general
970	970	30.4tax, agricultural homestead credit under section 273.1384, school building bond agricultural
971	971	30.5credit under section 273.1387, voter approved school levy, other local school levy, and the
972	972	30.6sum of the special taxing districts, and as a total of all taxing authorities:
973	973	30.7 (i) the actual tax for taxes payable in the current year; and
974	974	30.8 (ii) the proposed tax amount.
975	975	30.9 If the county levy under clause (2) includes an amount for a lake improvement district
976	976	30.10as defined under sections 103B.501 to 103B.581, the amount attributable for that purpose
977	977	30.11must be separately stated from the remaining county levy amount.
978	978	30.12 In the case of a town or the state general tax, the final tax shall also be its proposed tax
979	979	30.13unless the town changes its levy at a special town meeting under section 365.52. If a school
980	980	30.14district has certified under section 126C.17, subdivision 9, that a referendum will be held
981	981	30.15in the school district at the November general election, the county auditor must note next
982	982	30.16to the school district's proposed amount that a referendum is pending and that, if approved
983	983	30.17by the voters, the tax amount may be higher than shown on the notice. In the case of the
984	984	30.18city of Minneapolis, the levy for Minneapolis Park and Recreation shall be listed separately
985	985	30.19from the remaining amount of the city's levy. In the case of the city of St. Paul, the levy for
986	986	30.20the St. Paul Library Agency must be listed separately from the remaining amount of the
987	987	30.21city's levy. In the case of Ramsey County, any amount levied under section 134.07 may be
988	988	30.22listed separately from the remaining amount of the county's levy. In the case of a parcel
989	989	30.23where tax increment or the fiscal disparities areawide tax under chapter 276A or 473F
990	990	30.24applies, the proposed tax levy on the captured value or the proposed tax levy on the tax
991	991	30.25capacity subject to the areawide tax must each be stated separately and not included in the
992	992	30.26sum of the special taxing districts; and
993	993	30.27 (3) the increase or decrease between the total taxes payable in the current year and the
994	994	30.28total proposed taxes, expressed as a percentage.
995	995	30.29 For purposes of this section, the amount of the tax on homesteads qualifying under the
996	996	30.30senior citizens' property tax deferral program under chapter 290B is the total amount of
997	997	30.31property tax before subtraction of the deferred property tax amount.
998	998	30.32 (e) The notice must clearly state that the proposed or final taxes do not include the
999	999	30.33following:
1000	1000	30Article 1 Sec. 44.
1001	1001	REVISOR MS/VJ 25-0104601/28/25 31.1 (1) special assessments;
1002	1002	31.2 (2) levies approved by the voters after the date the proposed taxes are certified, including
1003	1003	31.3bond referenda and school district levy referenda;
1004	1004	31.4 (3) a levy limit increase approved by the voters by the first Tuesday after the first Monday
1005	1005	31.5in November of the levy year as provided under section 275.73;
1006	1006	31.6 (4) amounts necessary to pay cleanup or other costs due to a natural disaster occurring
1007	1007	31.7after the date the proposed taxes are certified;
1008	1008	31.8 (5) amounts necessary to pay tort judgments against the taxing authority that become
1009	1009	31.9final after the date the proposed taxes are certified; and
1010	1010	31.10 (6) the contamination tax imposed on properties which received market value reductions
1011	1011	31.11for contamination.
1012	1012	31.12 (f) Except as provided in subdivision 7, failure of the county auditor to prepare or the
1013	1013	31.13county treasurer to deliver the notice as required in this section does not invalidate the
1014	1014	31.14proposed or final tax levy or the taxes payable pursuant to the tax levy.
1015	1015	31.15 (g) If the notice the taxpayer receives under this section lists the property as
1016	1016	31.16nonhomestead, and satisfactory documentation is provided to the county assessor by the
1017	1017	31.17applicable deadline, and the property qualifies for the homestead classification in that
1018	1018	31.18assessment year, the assessor shall reclassify the property to homestead for taxes payable
1019	1019	31.19in the following year.
1020	1020	31.20 (h) In the case of class 4 residential property used as a residence for lease or rental
1021	1021	31.21periods of 30 days or more, the taxpayer must either:
1022	1022	31.22 (1) mail or deliver a copy of the notice of proposed property taxes to each tenant, renter,
1023	1023	31.23or lessee; or
1024	1024	31.24 (2) post a copy of the notice in a conspicuous place on the premises of the property.
1025	1025	31.25 The notice must be mailed or posted by the taxpayer by November 27 or within three
1026	1026	31.26days of receipt of the notice, whichever is later. A taxpayer may notify the county treasurer
1027	1027	31.27of the address of the taxpayer, agent, caretaker, or manager of the premises to which the
1028	1028	31.28notice must be mailed in order to fulfill the requirements of this paragraph.
1029	1029	31.29 (i) For purposes of this subdivision and subdivision 6, "metropolitan special taxing
1030	1030	31.30districts" means the following taxing districts in the seven-county metropolitan area that
1031	1031	31.31levy a property tax for any of the specified purposes listed below:
1032	1032	31Article 1 Sec. 44.
1033	1033	REVISOR MS/VJ 25-0104601/28/25 32.1 (1) Metropolitan Council under section 473.132, 473.167, 473.249, 473.325, 473.446,
1034	1034	32.2473.521, 473.547, or 473.834;
1035	1035	32.3 (2) (1) Metropolitan Airports Commission under section 473.667, 473.671, or 473.672;
1036	1036	32.4and
1037	1037	32.5 (3) (2) Metropolitan Mosquito Control Commission under section 473.711.
1038	1038	32.6 For purposes of this section, any levies made by the regional rail authorities in the county
1039	1039	32.7of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington under chapter 398A
1040	1040	32.8shall be included with the appropriate county's levy.
1041	1041	32.9 (j) The governing body of a county, city, or school district may, with the consent of the
1042	1042	32.10county board, include supplemental information with the statement of proposed property
1043	1043	32.11taxes about the impact of state aid increases or decreases on property tax increases or
1044	1044	32.12decreases and on the level of services provided in the affected jurisdiction. This supplemental
1045	1045	32.13information may include information for the following year, the current year, and for as
1046	1046	32.14many consecutive preceding years as deemed appropriate by the governing body of the
1047	1047	32.15county, city, or school district. It may include only information regarding:
1048	1048	32.16 (1) the impact of inflation as measured by the implicit price deflator for state and local
1049	1049	32.17government purchases;
1050	1050	32.18 (2) population growth and decline;
1051	1051	32.19 (3) state or federal government action; and
1052	1052	32.20 (4) other financial factors that affect the level of property taxation and local services
1053	1053	32.21that the governing body of the county, city, or school district may deem appropriate to
1054	1054	32.22include.
1055	1055	32.23 The information may be presented using tables, written narrative, and graphic
1056	1056	32.24representations and may contain instruction toward further sources of information or
1057	1057	32.25opportunity for comment.
1058	1058	32.26Sec. 45. Minnesota Statutes 2024, section 275.62, subdivision 3, is amended to read:
1059	1059	32.27 Subd. 3.Population estimate.For the purposes of this section, the population of a local
1060	1060	32.28governmental unit shall be that established by the last federal census, by a census taken
1061	1061	32.29under section 275.14, or by an estimate made by the Metropolitan Council or by the state
1062	1062	32.30demographer made under section 4A.02, whichever is the most recent as to the stated date
1063	1063	32.31of count or estimate for the calendar year preceding the current levy year.
1064	1064	32Article 1 Sec. 45.
1065	1065	REVISOR MS/VJ 25-0104601/28/25 33.1 Sec. 46. Minnesota Statutes 2024, section 275.70, subdivision 4, is amended to read:
1066	1066	33.2 Subd. 4.Population; number of households."Population" or "number of households"
1067	1067	33.3means the population or number of households for the local governmental unit as established
1068	1068	33.4by the last federal census, by a census taken under section 275.14, or by an estimate made
1069	1069	33.5by the metropolitan council or by the state demographer under section 4A.02, whichever is
1070	1070	33.6most recent as to the stated date of the count or estimate up to and including June 1 of the
1071	1071	33.7current levy year.
1072	1072	33.8 Sec. 47. Minnesota Statutes 2024, section 297A.70, subdivision 3, is amended to read:
1073	1073	33.9 Subd. 3.Sales of certain goods and services to government.(a) The following sales
1074	1074	33.10to or use by the specified governments and political subdivisions of the state are exempt:
1075	1075	33.11 (1) repair and replacement parts for emergency rescue vehicles, fire trucks, and fire
1076	1076	33.12apparatus to a political subdivision;
1077	1077	33.13 (2) machinery and equipment, except for motor vehicles, used directly for mixed
1078	1078	33.14municipal solid waste management services at a solid waste disposal facility as defined in
1079	1079	33.15section 115A.03, subdivision 10;
1080	1080	33.16 (3) chore and homemaking services to a political subdivision of the state to be provided
1081	1081	33.17to elderly individuals or persons with a disability;
1082	1082	33.18 (4) telephone services to the Department of Information Technology Services that are
1083	1083	33.19used to provide telecommunications services through the MNIT services revolving fund;
1084	1084	33.20 (5) firefighter personal protective equipment as defined in paragraph (b), if purchased
1085	1085	33.21or authorized by and for the use of an organized fire department, fire protection district, or
1086	1086	33.22fire company regularly charged with the responsibility of providing fire protection to the
1087	1087	33.23state or a political subdivision;
1088	1088	33.24 (6) bullet-resistant body armor that provides the wearer with ballistic and trauma
1089	1089	33.25protection, if purchased by a law enforcement agency of the state or a political subdivision
1090	1090	33.26of the state, or a licensed peace officer, as defined in section 626.84, subdivision 1;
1091	1091	33.27 (7) motor vehicles purchased or leased by political subdivisions of the state if the vehicles
1092	1092	33.28are exempt from registration under section 168.012, subdivision 1, paragraph (b), exempt
1093	1093	33.29from taxation under section 473.448, or exempt from the motor vehicle sales tax under
1094	1094	33.30section 297B.03, clause (12);
1095	1095	33Article 1 Sec. 47.
1096	1096	REVISOR MS/VJ 25-0104601/28/25 34.1 (8) equipment designed to process, dewater, and recycle biosolids for wastewater
1097	1097	34.2treatment facilities of political subdivisions, and materials incidental to installation of that
1098	1098	34.3equipment;
1099	1099	34.4 (9) the removal of trees, bushes, or shrubs for the construction and maintenance of roads,
1100	1100	34.5trails, or firebreaks when purchased by an agency of the state or a political subdivision of
1101	1101	34.6the state;
1102	1102	34.7 (10) purchases by the Metropolitan Council or the Department of Transportation of
1103	1103	34.8vehicles and repair parts to equip operations provided for in section 174.90, including, but
1104	1104	34.9not limited to, the Northstar Corridor Rail project; and
1105	1105	34.10 (11) purchases of water used directly in providing public safety services by an organized
1106	1106	34.11fire department, fire protection district, or fire company regularly charged with the
1107	1107	34.12responsibility of providing fire protection to the state or a political subdivision.
1108	1108	34.13 (b) For purposes of this subdivision, "firefighters personal protective equipment" means
1109	1109	34.14helmets, including face shields, chin straps, and neck liners; bunker coats and pants, including
1110	1110	34.15pant suspenders; boots; gloves; head covers or hoods; wildfire jackets; protective coveralls;
1111	1111	34.16goggles; self-contained breathing apparatus; canister filter masks; personal alert safety
1112	1112	34.17systems; spanner belts; optical or thermal imaging search devices; and all safety equipment
1113	1113	34.18required by the Occupational Safety and Health Administration.
1114	1114	34.19 (c) For purchases of items listed in paragraph (a), clause (10), the tax must be imposed
1115	1115	34.20and collected as if the rate under section 297A.62, subdivision 1, applied and then refunded
1116	1116	34.21in the manner provided in section 297A.75.
1117	1117	34.22Sec. 48. Minnesota Statutes 2024, section 352.01, subdivision 2a, is amended to read:
1118	1118	34.23 Subd. 2a.Included employees.(a) "State employee" includes:
1119	1119	34.24 (1) employees of the Minnesota Historical Society;
1120	1120	34.25 (2) employees of the State Horticultural Society;
1121	1121	34.26 (3) employees of the Minnesota Crop Improvement Association;
1122	1122	34.27 (4) employees of the adjutant general whose salaries are paid from federal funds and
1123	1123	34.28who are not covered by any federal civilian employees retirement system;
1124	1124	34.29 (5) employees of the Minnesota State Colleges and Universities who are employed under
1125	1125	34.30the university or college activities program;
1126	1126	34Article 1 Sec. 48.
1127	1127	REVISOR MS/VJ 25-0104601/28/25 35.1 (6) currently contributing employees covered by the system who are temporarily
1128	1128	35.2employed by the legislature during a legislative session or any currently contributing
1129	1129	35.3employee employed for any special service as defined in subdivision 2b, clause (6);
1130	1130	35.4 (7) employees of the legislature who are appointed without a limit on the duration of
1131	1131	35.5their employment;
1132	1132	35.6 (8) trainees who are employed on a full-time established training program performing
1133	1133	35.7the duties of the classified position for which they will be eligible to receive immediate
1134	1134	35.8appointment at the completion of the training period;
1135	1135	35.9 (9) employees of the Minnesota Safety Council;
1136	1136	35.10 (10) any employees who are on authorized leave of absence from the Transit Operating
1137	1137	35.11Division of the former Metropolitan Transit Commission and who are employed by the
1138	1138	35.12labor organization which is the exclusive bargaining agent representing employees of the
1139	1139	35.13Transit Operating Division;
1140	1140	35.14 (11) employees of the Metropolitan Council, Metropolitan Parks and Open Space
1141	1141	35.15Commission, Metropolitan Sports Facilities Commission, or Metropolitan Mosquito Control
1142	1142	35.16Commission unless excluded under subdivision 2b or are covered by another public pension
1143	1143	35.17fund or plan under section 473.415, subdivision 3;
1144	1144	35.18 (12) judges of the Tax Court;
1145	1145	35.19 (13) personnel who were employed on June 30, 1992, by the University of Minnesota
1146	1146	35.20in the management, operation, or maintenance of its heating plant facilities, whose
1147	1147	35.21employment transfers to an employer assuming operation of the heating plant facilities, so
1148	1148	35.22long as the person is employed at the University of Minnesota heating plant by that employer
1149	1149	35.23or by its successor organization;
1150	1150	35.24 (14) personnel who are employed as seasonal employees in the classified or unclassified
1151	1151	35.25service;
1152	1152	35.26 (15) persons who are employed by the Department of Commerce as a peace officer in
1153	1153	35.27the Commerce Fraud Bureau under section 45.0135 who have attained the mandatory
1154	1154	35.28retirement age specified in section 43A.34, subdivision 4;
1155	1155	35.29 (16) employees of the University of Minnesota unless excluded under subdivision 2b,
1156	1156	35.30clause (3);
1157	1157	35.31 (17) employees of the Middle Management Association whose employment began after
1158	1158	35.32July 1, 2007, and to whom section 352.029 does not apply;
1159	1159	35Article 1 Sec. 48.
1160	1160	REVISOR MS/VJ 25-0104601/28/25 36.1 (18) employees of the Minnesota Government Engineers Council to whom section
1161	1161	36.2352.029 does not apply;
1162	1162	36.3 (19) employees of the Minnesota Sports Facilities Authority;
1163	1163	36.4 (20) employees of the Minnesota Association of Professional Employees;
1164	1164	36.5 (21) employees of the Minnesota State Retirement System;
1165	1165	36.6 (22) employees of the State Agricultural Society;
1166	1166	36.7 (23) employees of the Gillette Children's Hospital Board who were employed in the
1167	1167	36.8state unclassified service at the former Gillette Children's Hospital on March 28, 1974;
1168	1168	36.9 (24) if approved for coverage by the Board of Directors of Conservation Corps Minnesota,
1169	1169	36.10employees of Conservation Corps Minnesota so employed on June 30, 2003; and
1170	1170	36.11 (25) employees of the Perpich Center for Arts Education who are covered by the general
1171	1171	36.12state employees retirement plan of the Minnesota State Retirement System as of July 1,
1172	1172	36.132016.
1173	1173	36.14 (b) Employees specified in paragraph (a), clause (13), are included employees under
1174	1174	36.15paragraph (a) if employer and employee contributions are made in a timely manner in the
1175	1175	36.16amounts required by section 352.04. Employee contributions must be deducted from salary.
1176	1176	36.17Employer contributions are the sole obligation of the employer assuming operation of the
1177	1177	36.18University of Minnesota heating plant facilities or any successor organizations to that
1178	1178	36.19employer.
1179	1179	36.20Sec. 49. Minnesota Statutes 2024, section 352.01, subdivision 2b, is amended to read:
1180	1180	36.21 Subd. 2b.Excluded employees."State employee" does not include:
1181	1181	36.22 (1) persons who are:
1182	1182	36.23 (i) students employed by the University of Minnesota, or within the Minnesota State
1183	1183	36.24Colleges and Universities system, unless approved for coverage by the Board of Regents
1184	1184	36.25of the University of Minnesota or the Board of Trustees of the Minnesota State Colleges
1185	1185	36.26and Universities, whichever applies;
1186	1186	36.27 (ii) employed as interns for a period not to exceed six months unless included under
1187	1187	36.28subdivision 2a, paragraph (a), clause (8);
1188	1188	36.29 (iii) employed as trainee employees unless included under subdivision 2a, paragraph
1189	1189	36.30(a), clause (8); or
1190	1190	36Article 1 Sec. 49.
1191	1191	REVISOR MS/VJ 25-0104601/28/25 37.1 (iv) employed in the student worker classification as designated by Minnesota
1192	1192	37.2Management and Budget;
1193	1193	37.3 (2) employees who are:
1194	1194	37.4 (i) eligible for membership in the state Teachers Retirement Association, unless the
1195	1195	37.5person is an employee of the Department of Education who elected to be covered by the
1196	1196	37.6general state employees retirement plan of the Minnesota State Retirement System instead
1197	1197	37.7of the Teachers Retirement Association;
1198	1198	37.8 (ii) employees of the state who, in any year, were credited with 12 months of allowable
1199	1199	37.9service as a public school teacher and, as such, are members of a retirement plan governed
1200	1200	37.10by chapter 354 or 354A unless the employment is incidental employment as a state employee
1201	1201	37.11that is not covered by a retirement plan governed by chapter 354 or 354A;
1202	1202	37.12 (iii) employees of the state who are employed by the Board of Trustees of the Minnesota
1203	1203	37.13State Colleges and Universities in an unclassified position that is listed in section 43A.08,
1204	1204	37.14subdivision 1, clause (9);
1205	1205	37.15 (iv) persons employed by the Board of Trustees of the Minnesota State Colleges and
1206	1206	37.16Universities who elected retirement coverage other than by the general state employees
1207	1207	37.17retirement plan of the Minnesota State Retirement System under Minnesota Statutes 1994,
1208	1208	37.18section 136C.75;
1209	1209	37.19 (v) officers or enlisted personnel in the National Guard or in the naval militia who are
1210	1210	37.20assigned to permanent peacetime duty and who are or are required to be members of a
1211	1211	37.21federal retirement system under federal law;
1212	1212	37.22 (vi) persons employed by the Department of Military Affairs as full-time firefighters
1213	1213	37.23and who, as such, are members of the public employees police and fire retirement plan;
1214	1214	37.24 (vii) members of the State Patrol retirement plan under section 352B.011, subdivision
1215	1215	37.2510; and
1216	1216	37.26 (viii) off-duty police officers while employed by the Metropolitan Council and persons
1217	1217	37.27employed as full-time police officers by the Metropolitan Council and who, as such, are
1218	1218	37.28members of the public employees police and fire retirement plan; and
1219	1219	37.29 (ix) (viii) employees of the state who have elected to transfer account balances derived
1220	1220	37.30from state service to the unclassified state employees retirement program under section
1221	1221	37.31352D.02, subdivision 1d;
1222	1222	37Article 1 Sec. 49.
1223	1223	REVISOR MS/VJ 25-0104601/28/25 38.1 (3) employees of the University of Minnesota who are excluded from coverage by action
1224	1224	38.2of the Board of Regents;
1225	1225	38.3 (4) election judges and persons who are employed solely to administer elections;
1226	1226	38.4 (5) persons who are:
1227	1227	38.5 (i) engaged in public work for the state but who are employed by contractors when the
1228	1228	38.6performance of the contract is authorized by the legislature or other competent authority;
1229	1229	38.7 (ii) employed to perform professional services where the service is incidental to the
1230	1230	38.8person's regular professional duties and where compensation is paid on a per diem basis;
1231	1231	38.9or
1232	1232	38.10 (iii) compensated on a fee payment basis or as an independent contractor;
1233	1233	38.11 (6) persons who are employed:
1234	1234	38.12 (i) on a temporary basis by the house of representatives, the senate, or a legislative
1235	1235	38.13commission or agency under the jurisdiction of the Legislative Coordinating Commission;
1236	1236	38.14 (ii) as a temporary employee on or after July 1 for a period ending on or before October
1237	1237	38.1515 of that calendar year for the Minnesota State Agricultural Society or the Minnesota State
1238	1238	38.16Fair, or as an employee at any time for a special event held on the fairgrounds;
1239	1239	38.17 (iii) by the executive branch as a temporary employee in the classified service or as an
1240	1240	38.18executive branch temporary employee in the unclassified service if appointed for a definite
1241	1241	38.19period not to exceed six months, and if employment is less than six months, then in any
1242	1242	38.2012-month period;
1243	1243	38.21 (iv) by the adjutant general if employed on an unlimited intermittent or temporary basis
1244	1244	38.22in the classified service or in the unclassified service for the support of Army or Air National
1245	1245	38.23Guard training facilities; and
1246	1246	38.24 (v) by a state or federal program for training or rehabilitation as a temporary employee
1247	1247	38.25if employed for a limited period from an area of economic distress and if other than a skilled
1248	1248	38.26or supervisory personnel position or other than a position that has civil service status covered
1249	1249	38.27by the retirement system; and
1250	1250	38.28 (vi) by the Metropolitan Council or a statutory board of the Metropolitan Council where
1251	1251	38.29the members of the board are appointed by the Metropolitan Council as a temporary employee
1252	1252	38.30if the appointment does not exceed six months;
1253	1253	38Article 1 Sec. 49.
1254	1254	REVISOR MS/VJ 25-0104601/28/25 39.1 (7) receivers, jurors, notaries public, and court employees who are not in the judicial
1255	1255	39.2branch as defined in section 43A.02, subdivision 25, except referees and adjusters employed
1256	1256	39.3by the Department of Labor and Industry;
1257	1257	39.4 (8) patient and inmate help who perform services in state charitable, penal, and
1258	1258	39.5correctional institutions, including a Minnesota Veterans Home;
1259	1259	39.6 (9) employees of the Sibley House Association;
1260	1260	39.7 (10) persons who are:
1261	1261	39.8 (i) members of any state board or commission who serve the state intermittently and are
1262	1262	39.9paid on a per diem basis, the secretary, secretary-treasurer, and treasurer of those boards if
1263	1263	39.10their compensation is $5,000 or less per year, or, if they are legally prohibited from serving
1264	1264	39.11more than three years, and the board of managers of the State Agricultural Society and its
1265	1265	39.12treasurer unless the treasurer is also its full-time secretary;
1266	1266	39.13 (ii) examination monitors employed by a department, agency, commission, or board of
1267	1267	39.14the state to conduct examinations that are required by law; or
1268	1268	39.15 (iii) appointees serving as a member of a fact-finding commission or an adjustment
1269	1269	39.16panel, an arbitrator, or a labor referee under chapter 179;
1270	1270	39.17 (11) emergency employees who are in the classified service, but if an emergency
1271	1271	39.18employee, within the same pay period, becomes a provisional or probationary employee on
1272	1272	39.19other than a temporary basis, the employee must be considered a "state employee"
1273	1273	39.20retroactively to the beginning of the pay period;
1274	1274	39.21 (12) persons who are members of a religious order who are excluded from coverage
1275	1275	39.22under the federal Old Age, Survivors, Disability, and Health Insurance Program for the
1276	1276	39.23performance of service as specified in United States Code, title 42, section 410(a)(8)(A),
1277	1277	39.24as amended, if no irrevocable election of coverage has been made under section 3121(r) of
1278	1278	39.25the Internal Revenue Code of 1986, as amended;
1279	1279	39.26 (13) members of trades who are employed by the successor to the Metropolitan Waste
1280	1280	39.27Control Commission, who have trade union pension plan coverage under a collective
1281	1281	39.28bargaining agreement, and who are first employed after June 1, 1977;
1282	1282	39.29 (14) for the first three years of employment, foreign citizens who are state employees
1283	1283	39.30under subdivision 2 or included employees under subdivision 2a, unless the foreign citizen
1284	1284	39.31is:
1285	1285	39.32 (i) an H-1B, H-1B1, or E-3 status holder;
1286	1286	39Article 1 Sec. 49.
1287	1287	REVISOR MS/VJ 25-0104601/28/25 40.1 (ii) an employee legally authorized to work in the United States for three years or more;
1288	1288	40.2or
1289	1289	40.3 (iii) an employee otherwise required to participate under federal law; and
1290	1290	40.4 (15) reemployed annuitants of the general state employees retirement plan, the military
1291	1291	40.5affairs personnel retirement plan, the transportation department pilots retirement plan, the
1292	1292	40.6state fire marshal employees retirement plan, or the correctional state employees retirement
1293	1293	40.7plan during the course of that reemployment.
1294	1294	40.8 Sec. 50. Minnesota Statutes 2024, section 352.03, subdivision 1, is amended to read:
1295	1295	40.9 Subdivision 1.Membership of board; election; term.(a) The policy-making function
1296	1296	40.10of the system is vested in a board of 11 members known as the board of directors. This
1297	1297	40.11board shall consist of:
1298	1298	40.12 (1) three members appointed by the governor, one of whom must be a constitutional
1299	1299	40.13officer or appointed state official and two of whom must be public members knowledgeable
1300	1300	40.14in pension matters;
1301	1301	40.15 (2) four state employees elected by active and inactive vested members of the general
1302	1302	40.16state employees retirement plan and members with an account balance in the unclassified
1303	1303	40.17employees retirement program, excluding employees and inactive vested members for whom
1304	1304	40.18a board member is designated under clause (3);
1305	1305	40.19 (3) one employee of the Metropolitan Council's Department of Transportation's transit
1306	1306	40.20operations or its successor agency designated by the executive committee of the labor
1307	1307	40.21organization that is the exclusive bargaining agent representing employees of the transit
1308	1308	40.22division;
1309	1309	40.23 (4) one employee who is a member of the State Patrol retirement plan elected by active
1310	1310	40.24and inactive vested members of that plan;
1311	1311	40.25 (5) one employee who is a member of the correctional state employees retirement plan
1312	1312	40.26established under this chapter elected by active and inactive vested members of that plan;
1313	1313	40.27and
1314	1314	40.28 (6) one retired employee of a plan included in the system, elected by disabled and retired
1315	1315	40.29employees of the plans administered by the system at a time and in a manner determined
1316	1316	40.30by the board.
1317	1317	40.31 (b) The terms of the four elected state employees under paragraph (a), clause (2), must
1318	1318	40.32be staggered, with two of the state employee board positions elected each biennium, whose
1319	1319	40Article 1 Sec. 50.
1320	1320	REVISOR MS/VJ 25-0104601/28/25 41.1terms of office begin on the first Monday in May after their election. Elected members and
1321	1321	41.2the appointed member of the Metropolitan Council's Department of Transportation's transit
1322	1322	41.3operations hold office for a term of four years and until their successors are elected or
1323	1323	41.4appointed, and have qualified.
1324	1324	41.5 (c) An employee or former employee of the system is not eligible for membership on
1325	1325	41.6the board of directors. A state employee on leave of absence is not eligible for election or
1326	1326	41.7reelection to membership on the board of directors.
1327	1327	41.8 (d) The term of any board member who is on leave for more than six months
1328	1328	41.9automatically ends on expiration of the term of office.
1329	1329	41.10Sec. 51. Minnesota Statutes 2024, section 352.04, subdivision 6, is amended to read:
1330	1330	41.11 Subd. 6.Quasi-state agencies; employer contributions.For those of their employees
1331	1331	41.12who are covered by the system, the State Horticultural Society, the Disabled American
1332	1332	41.13Veterans, Department of Minnesota, Veterans of Foreign Wars, Department of Minnesota,
1333	1333	41.14the Minnesota Crop Improvement Association, the Minnesota Historical Society, the Armory
1334	1334	41.15Building Commission, the Minnesota Safety Council, the Metropolitan Council and any of
1335	1335	41.16its statutory boards, the employer of persons described in section 352.01, subdivision 2a,
1336	1336	41.17paragraph (a), clause (15), and any other agency employing employees covered by this
1337	1337	41.18system, respectively, shall also pay into the retirement fund the amount required by
1338	1338	41.19subdivision 3.
1339	1339	41.20Sec. 52. Minnesota Statutes 2024, section 352D.02, subdivision 1, is amended to read:
1340	1340	41.21 Subdivision 1.Coverage.(a) Employees enumerated in paragraph (c), clauses (2), (3),
1341	1341	41.22(4), (6) to (14), and (16) to (18), if they are in the unclassified service of the state or
1342	1342	41.23Metropolitan Council and are eligible for coverage under the general state employees
1343	1343	41.24retirement plan under chapter 352, are participants in the unclassified program under this
1344	1344	41.25chapter.
1345	1345	41.26 (b) Persons referenced in paragraph (c), clause (5), are participants in the unclassified
1346	1346	41.27program under this chapter unless the person was eligible to elect different coverage under
1347	1347	41.28section 3A.07 and elected retirement coverage by the applicable alternative retirement plan.
1348	1348	41.29Persons referenced in paragraph (c), clause (15), are participants in the unclassified program
1349	1349	41.30under this chapter for judicial employment in excess of the service credit limit in section
1350	1350	41.31490.121, subdivision 22.
1351	1351	41.32 (c) Enumerated employees and referenced persons are:
1352	1352	41Article 1 Sec. 52.
1353	1353	REVISOR MS/VJ 25-0104601/28/25 42.1 (1) the governor, the lieutenant governor, the secretary of state, the state auditor, and
1354	1354	42.2the attorney general;
1355	1355	42.3 (2) an employee in the Office of the Governor, Lieutenant Governor, Secretary of State,
1356	1356	42.4State Auditor, Attorney General;
1357	1357	42.5 (3) an employee of the State Board of Investment;
1358	1358	42.6 (4) the head of a department, division, or agency created by statute in the unclassified
1359	1359	42.7service, an acting department head subsequently appointed to the position, or an employee
1360	1360	42.8enumerated in section 15A.0815 or 15A.083, subdivision 4;
1361	1361	42.9 (5) a member of the legislature;
1362	1362	42.10 (6) an unclassified employee of the legislature or a commission or agency of the
1363	1363	42.11legislature who is appointed without a limit on the duration of the employment or a temporary
1364	1364	42.12legislative employee having shares in the supplemental retirement fund as a result of former
1365	1365	42.13employment covered by this chapter, whether or not eligible for coverage under the
1366	1366	42.14Minnesota State Retirement System;
1367	1367	42.15 (7) a person who is employed in a position established under section 43A.08, subdivision
1368	1368	42.161, clause (3), or in a position authorized under a statute creating or establishing a department
1369	1369	42.17or agency of the state, which is at the deputy or assistant head of department or agency or
1370	1370	42.18director level;
1371	1371	42.19 (8) the regional administrator, or executive director of the Metropolitan Council, general
1372	1372	42.20counsel, division directors, operations managers, and other positions as designated by the
1373	1373	42.21council, all of which may not exceed 27 positions at the council and the chair;
1374	1374	42.22 (9) (8) the commissioner, deputy commissioner, and not to exceed nine positions of the
1375	1375	42.23Minnesota Office of Higher Education in the unclassified service, as designated by the
1376	1376	42.24Minnesota Office of Higher Education before January 1, 1992, or subsequently redesignated
1377	1377	42.25with the approval of the board of directors of the Minnesota State Retirement System, unless
1378	1378	42.26the person has elected coverage by the individual retirement account plan under chapter
1379	1379	42.27354B;
1380	1380	42.28 (10) (9) the clerk of the appellate courts appointed under article VI, section 2, of the
1381	1381	42.29Constitution of the state of Minnesota, the state court administrator and judicial district
1382	1382	42.30administrators;
1383	1383	42.31 (11) (10) the chief executive officers of correctional facilities operated by the Department
1384	1384	42.32of Corrections and of hospitals and nursing homes operated by Direct Care and Treatment;
1385	1385	42Article 1 Sec. 52.
1386	1386	REVISOR MS/VJ 25-0104601/28/25 43.1 (12) (11) an employee whose principal employment is at the state ceremonial house;
1387	1387	43.2 (13) (12) an employee of the Agricultural Utilization Research Institute;
1388	1388	43.3 (14) (13) an employee of the State Lottery who is covered by the managerial plan
1389	1389	43.4established under section 43A.18, subdivision 3;
1390	1390	43.5 (15) (14) a judge who has exceeded the service credit limit in section 490.121, subdivision
1391	1391	43.622;
1392	1392	43.7 (16) (15) an employee of Enterprise Minnesota, Inc.;
1393	1393	43.8 (17) (16) a person employed by the Minnesota State Colleges and Universities as faculty
1394	1394	43.9or in an eligible unclassified administrative position as defined in section 354B.20,
1395	1395	43.10subdivision 6, who was employed by the former state university or the former community
1396	1396	43.11college system before May 1, 1995, and elected unclassified program coverage prior to May
1397	1397	43.121, 1995; and
1398	1398	43.13 (18) (17) a person employed by the Minnesota State Colleges and Universities who was
1399	1399	43.14employed in state service before July 1, 1995, who subsequently is employed in an eligible
1400	1400	43.15unclassified administrative position as defined in section 354B.20, subdivision 6, and who
1401	1401	43.16elects coverage by the unclassified program.
1402	1402	43.17Sec. 53. Minnesota Statutes 2024, section 353.64, subdivision 7a, is amended to read:
1403	1403	43.18 Subd. 7a.Pension coverage for certain metropolitan transit police officers.A person
1404	1404	43.19who is employed as a police officer by the Metropolitan Council before July 1, 2026, and
1405	1405	43.20who is not eligible for coverage under the agreement with the Secretary of the federal
1406	1406	43.21Department of Health and Human Services making the provisions of the federal Old Age,
1407	1407	43.22Survivors, and Disability Insurance Act because the person's position is excluded from
1408	1408	43.23application under United States Code, sections 418(d)(5)(A) and 418(d)(8)(D), and under
1409	1409	43.24section 355.07, is a member of the public employees police and fire fund and is considered
1410	1410	43.25to be a police officer within the meaning of this section. The Metropolitan Council shall
1411	1411	43.26deduct the employee contribution from the salary of each police officer as required by
1412	1412	43.27section 353.65, subdivision 2, shall make the employer contribution for each police officer
1413	1413	43.28as required by section 353.65, subdivision 3, and shall meet the employer recording and
1414	1414	43.29reporting requirements in section 353.65, subdivision 4.
1415	1415	43.30Sec. 54. Minnesota Statutes 2024, section 363A.44, subdivision 1, is amended to read:
1416	1416	43.31 Subdivision 1.Scope.(a) No department, agency of the state, the Metropolitan Council,
1417	1417	43.32or an agency subject to section 473.143, subdivision 1, shall execute a contract for goods
1418	1418	43Article 1 Sec. 54.
1419	1419	REVISOR MS/VJ 25-0104601/28/25 44.1or services or an agreement for goods or services in excess of $500,000 with a business that
1420	1420	44.2has 40 or more full-time employees in this state or a state where the business has its primary
1421	1421	44.3place of business on a single day during the prior 12 months, unless the business has an
1422	1422	44.4equal pay certificate or it has certified in writing that it is exempt. A certificate is valid for
1423	1423	44.5four years.
1424	1424	44.6 (b) An agency that uses state money to pay for part or all of a capital project is subject
1425	1425	44.7to and must comply with the restrictions in this section for contracts exceeding $500,000.
1426	1426	44.8A political subdivision that uses state money to pay for part or all of a capital project is
1427	1427	44.9subject to and must comply with the restrictions in this section for contracts exceeding
1428	1428	44.10$1,000,000. For purposes of this paragraph, "agency," "political subdivision," "capital
1429	1429	44.11project," and "state money" have the meanings given in section 363A.36, subdivision 1a.
1430	1430	44.12This paragraph applies to a capital project or discrete phase of a capital project for which
1431	1431	44.13state money has been appropriated on or after January 1, 2022.
1432	1432	44.14 (c) This section does not apply to a business with respect to a specific contract if the
1433	1433	44.15commissioner of administration determines that application of this section would cause
1434	1434	44.16undue hardship to the contracting entity. This section does not apply to a contract to provide
1435	1435	44.17goods and services to individuals under chapters 43A, 62A, 62C, 62D, 62E, 256B, 256I,
1436	1436	44.18256L, and 268A, with a business that has a license, certification, registration, provider
1437	1437	44.19agreement, or provider enrollment contract that is prerequisite to providing those goods and
1438	1438	44.20services. This section does not apply to contracts entered into by the State Board of
1439	1439	44.21Investment for investment options under section 352.965, subdivision 4.
1440	1440	44.22Sec. 55. Minnesota Statutes 2024, section 373.40, subdivision 1, is amended to read:
1441	1441	44.23 Subdivision 1.Definitions.For purposes of this section, the following terms have the
1442	1442	44.24meanings given.
1443	1443	44.25 (a) "Bonds" means an obligation as defined under section 475.51.
1444	1444	44.26 (b) "Capital improvement" means acquisition or betterment of public lands, buildings,
1445	1445	44.27or other improvements within the county for the purpose of a county courthouse,
1446	1446	44.28administrative building, health or social service facility, correctional facility, jail, law
1447	1447	44.29enforcement center, hospital, morgue, library, park, qualified indoor ice arena, roads and
1448	1448	44.30bridges, public works facilities, fairground buildings, and records and data storage facilities,
1449	1449	44.31and the acquisition of development rights in the form of conservation easements under
1450	1450	44.32chapter 84C. An improvement must have an expected useful life of five years or more to
1451	1451	44.33qualify. "Capital improvement" does not include a recreation or sports facility building
1452	1452	44.34(such as, but not limited to, a gymnasium, ice arena, racquet sports facility, swimming pool,
1453	1453	44Article 1 Sec. 55.
1454	1454	REVISOR MS/VJ 25-0104601/28/25 45.1exercise room or health spa), unless the building is part of an outdoor park facility and is
1455	1455	45.2incidental to the primary purpose of outdoor recreation. For purposes of this section, "capital
1456	1456	45.3improvement" includes expenditures for purposes described in this paragraph that have
1457	1457	45.4been incurred by a county before approval of a capital improvement plan, if such expenditures
1458	1458	45.5are included in a capital improvement plan approved on or before the date of the public
1459	1459	45.6hearing under subdivision 2 regarding issuance of bonds for such expenditures.
1460	1460	45.7 (c) "Metropolitan county" means a county located in the seven-county metropolitan area
1461	1461	45.8as defined in section 473.121 or a county with a population of 90,000 or more.
1462	1462	45.9 (d) "Population" means the population established by the most recent of the following
1463	1463	45.10(determined as of the date the resolution authorizing the bonds was adopted):
1464	1464	45.11 (1) the federal decennial census,
1465	1465	45.12 (2) a special census conducted under contract by the United States Bureau of the Census,
1466	1466	45.13or
1467	1467	45.14 (3) a population estimate made either by the Metropolitan Council or by the state
1468	1468	45.15demographer under section 4A.02.
1469	1469	45.16 (e) "Qualified indoor ice arena" means a facility that meets the requirements of section
1470	1470	45.17373.43.
1471	1471	45.18Sec. 56. Minnesota Statutes 2024, section 383A.81, subdivision 3, is amended to read:
1472	1472	45.19 Subd. 3.Matching funds.In expending funds under this section, the county shall seek
1473	1473	45.20matching funds from contamination cleanup funds administered by the commissioner of
1474	1474	45.21the Department of Employment and Economic Development, the Metropolitan Council,
1475	1475	45.22the federal government, the private sector, and any other source.
1476	1476	45.23Sec. 57. Minnesota Statutes 2024, section 383B.81, subdivision 3, is amended to read:
1477	1477	45.24 Subd. 3.Matching funds.In expending funds under this section the county shall seek
1478	1478	45.25matching funds from contamination cleanup funds administered by the commissioners of
1479	1479	45.26the Department of Employment and Economic Development, the Metropolitan Council,
1480	1480	45.27the federal government, the private sector, and any other source.
1481	1481	45.28Sec. 58. Minnesota Statutes 2024, section 398A.04, subdivision 1, is amended to read:
1482	1482	45.29 Subdivision 1.General.An authority may exercise all the powers necessary or desirable
1483	1483	45.30to implement the powers specifically granted in this section, and in exercising the powers
1484	1484	45.31is deemed to be performing an essential governmental function and exercising a part of the
1485	1485	45Article 1 Sec. 58.
1486	1486	REVISOR MS/VJ 25-0104601/28/25 46.1sovereign power of the state, and is a local government unit and political subdivision of the
1487	1487	46.2state. Without limiting the generality of the foregoing, the authority may:
1488	1488	46.3 (1) sue and be sued, have a seal, which may but need not be affixed to documents as
1489	1489	46.4directed by the board, make and perform contracts, and have perpetual succession;
1490	1490	46.5 (2) acquire real and personal property within or outside its taxing jurisdiction, by
1491	1491	46.6purchase, gift, devise, condemnation, conditional sale, lease, lease purchase, or otherwise;
1492	1492	46.7or for purposes, including the facilitation of an economic development project pursuant to
1493	1493	46.8section 383B.81 or 469.091 or 469.175, subdivision 7, that also improve rail service;
1494	1494	46.9 (3) hold, manage, control, sell, convey, lease, mortgage, or otherwise dispose of real or
1495	1495	46.10personal property; and
1496	1496	46.11 (4) make grants or otherwise appropriate funds to the Department of Transportation, the
1497	1497	46.12Metropolitan Council, or any other state or local governmental unit for the purposes described
1498	1498	46.13in subdivision 2 with respect to railroad facilities located or to be located within the
1499	1499	46.14authority's jurisdiction, whether or not the facilities will be acquired, constructed, owned,
1500	1500	46.15or operated by the authority.
1501	1501	46.16Sec. 59. Minnesota Statutes 2024, section 414.02, subdivision 3, is amended to read:
1502	1502	46.17 Subd. 3.Relevant factors, order.(a) In arriving at a decision, the chief administrative
1503	1503	46.18law judge shall consider the following factors:
1504	1504	46.19 (1) present population and number of households, past population and projected
1505	1505	46.20population growth for the subject area;
1506	1506	46.21 (2) quantity of land within the subject area; the natural terrain including recognizable
1507	1507	46.22physical features, general topography, major watersheds, soil conditions and such natural
1508	1508	46.23features as rivers, lakes and major bluffs;
1509	1509	46.24 (3) present pattern of physical development, planning, and intended land uses in the
1510	1510	46.25subject area including residential, industrial, commercial, agricultural, and institutional land
1511	1511	46.26uses and the impact of the proposed action on those uses;
1512	1512	46.27 (4) the present transportation network and potential transportation issues, including
1513	1513	46.28proposed highway development;
1514	1514	46.29 (5) land use controls and planning presently being utilized in the subject area, including
1515	1515	46.30comprehensive plans, policies of the Metropolitan Council; and whether there are
1516	1516	46.31inconsistencies between proposed development and existing land use controls;
1517	1517	46Article 1 Sec. 59.
1518	1518	REVISOR MS/VJ 25-0104601/28/25 47.1 (6) existing levels of governmental services being provided to the subject area, including
1519	1519	47.2water and sewer service, fire rating and protection, law enforcement, street improvements
1520	1520	47.3and maintenance, administrative services, and recreational facilities and the impact of the
1521	1521	47.4proposed action on the delivery of the services;
1522	1522	47.5 (7) existing or potential environmental problems and whether the proposed action is
1523	1523	47.6likely to improve or resolve these problems;
1524	1524	47.7 (8) fiscal impact on the subject area and adjacent units of local government, including
1525	1525	47.8present bonded indebtedness; local tax rates of the county, school district, and other
1526	1526	47.9governmental units, including, where applicable, the net tax capacity of platted and unplatted
1527	1527	47.10lands and the division of homestead and nonhomestead property; and other tax and
1528	1528	47.11governmental aid issues;
1529	1529	47.12 (9) relationship and effect of the proposed action on affected and adjacent school districts
1530	1530	47.13and communities;
1531	1531	47.14 (10) whether delivery of services to the subject area can be adequately and economically
1532	1532	47.15delivered by the existing government;
1533	1533	47.16 (11) analysis of whether necessary governmental services can best be provided through
1534	1534	47.17the proposed action or another type of boundary adjustment;
1535	1535	47.18 (12) degree of contiguity of the boundaries of the subject area and adjacent units of local
1536	1536	47.19government; and
1537	1537	47.20 (13) analysis of the applicability of the State Building Code.
1538	1538	47.21 (b) Based upon these factors, the chief administrative law judge may order the
1539	1539	47.22incorporation on finding that:
1540	1540	47.23 (1) the property to be incorporated is now, or is about to become, urban or suburban in
1541	1541	47.24character; or
1542	1542	47.25 (2) that the existing township form of government is not adequate to protect the public
1543	1543	47.26health, safety, and welfare; or
1544	1544	47.27 (3) the proposed incorporation would be in the best interests of the area under
1545	1545	47.28consideration.
1546	1546	47.29 (c) The chief administrative law judge may deny the incorporation if the area, or a part
1547	1547	47.30thereof, would be better served by annexation to an adjacent municipality.
1548	1548	47.31 (d) The chief administrative law judge may alter the boundaries of the proposed
1549	1549	47.32incorporation by increasing or decreasing the area to be incorporated so as to include only
1550	1550	47Article 1 Sec. 59.
1551	1551	REVISOR MS/VJ 25-0104601/28/25 48.1that property which is now, or is about to become, urban or suburban in character, or may
1552	1552	48.2exclude property that may be better served by another unit of government. The chief
1553	1553	48.3administrative law judge may also alter the boundaries of the proposed incorporation so as
1554	1554	48.4to follow visible, clearly recognizable physical features for municipal boundaries.
1555	1555	48.5 (e) In all cases, the chief administrative law judge shall set forth the factors which are
1556	1556	48.6the basis for the decision.
1557	1557	48.7 (f) Notwithstanding any other provision of law to the contrary relating to the number of
1558	1558	48.8wards which may be established, the chief administrative law judge may provide for election
1559	1559	48.9of council members by wards, not less than three nor more than seven in number, whose
1560	1560	48.10limits are prescribed in the chief administrative law judge's order upon a finding that area
1561	1561	48.11representation is required to accord proper representation in the proposed incorporated area
1562	1562	48.12because of uneven population density in different parts thereof or the existence of agricultural
1563	1563	48.13lands therein which are in the path of suburban development, but after four years from the
1564	1564	48.14effective date of an incorporation the council of the municipality may by resolution adopted
1565	1565	48.15by a four-fifths vote abolish the ward system and provide for the election of all council
1566	1566	48.16members at large as in other municipalities.
1567	1567	48.17 (g) The chief administrative law judge's order for incorporation shall provide for the
1568	1568	48.18election of municipal officers in accordance with section 414.09. The plan of government
1569	1569	48.19shall be "Optional Plan A", provided that an alternate plan may be adopted pursuant to
1570	1570	48.20section 412.551, at any time.
1571	1571	48.21 (h) The ordinances of the township in which the new municipality is located shall continue
1572	1572	48.22in effect until repealed by the governing body of the new municipality.
1573	1573	48.23Sec. 60. Minnesota Statutes 2024, section 414.031, subdivision 4, is amended to read:
1574	1574	48.24 Subd. 4.Relevant factors, order.(a) In arriving at a decision, the presiding
1575	1575	48.25administrative law judge shall consider the following sources and factors:
1576	1576	48.26 (1) recordings and public documents from joint informational meetings under section
1577	1577	48.27414.0333 relevant to other factors listed in this subdivision;
1578	1578	48.28 (2) present population and number of households, past population and projected
1579	1579	48.29population growth of the annexing municipality and subject area and adjacent units of local
1580	1580	48.30government;
1581	1581	48.31 (3) quantity of land within the subject area and adjacent units of local government; and
1582	1582	48.32natural terrain including recognizable physical features, general topography, major
1583	1583	48.33watersheds, soil conditions and such natural features as rivers, lakes and major bluffs;
1584	1584	48Article 1 Sec. 60.
1585	1585	REVISOR MS/VJ 25-0104601/28/25 49.1 (4) degree of contiguity of the boundaries between the annexing municipality and the
1586	1586	49.2subject area;
1587	1587	49.3 (5) present pattern of physical development, planning, and intended land uses in the
1588	1588	49.4subject area and the annexing municipality including residential, industrial, commercial,
1589	1589	49.5agricultural and institutional land uses and the impact of the proposed action on those land
1590	1590	49.6uses;
1591	1591	49.7 (6) the present transportation network and potential transportation issues, including
1592	1592	49.8proposed highway development;
1593	1593	49.9 (7) land use controls and planning presently being utilized in the annexing municipality
1594	1594	49.10and the subject area, including comprehensive plans for development in the area and plans
1595	1595	49.11and policies of the Metropolitan Council, and whether there are inconsistencies between
1596	1596	49.12proposed development and existing land use controls and the reasons therefore;
1597	1597	49.13 (8) existing levels of governmental services being provided in the annexing municipality
1598	1598	49.14and the subject area, including water and sewer service, fire rating and protection, law
1599	1599	49.15enforcement, street improvements and maintenance, administrative services, and recreational
1600	1600	49.16facilities and the impact of the proposed action on the delivery of said services;
1601	1601	49.17 (9) the implementation of previous annexation agreements and orders;
1602	1602	49.18 (10) existing or potential environmental problems and whether the proposed action is
1603	1603	49.19likely to improve or resolve these problems;
1604	1604	49.20 (11) plans and programs by the annexing municipality for providing needed and enhanced
1605	1605	49.21governmental services to the subject area in a cost-effective and feasible manner within a
1606	1606	49.22reasonable time from the date of the annexation;
1607	1607	49.23 (12) an analysis of the fiscal impact on the annexing municipality, the subject area, and
1608	1608	49.24adjacent units of local government, including net tax capacity and the present bonded
1609	1609	49.25indebtedness, and the local tax rates of the county, school district, and township;
1610	1610	49.26 (13) relationship and effect of the proposed action on affected and adjacent school
1611	1611	49.27districts and communities;
1612	1612	49.28 (14) adequacy of town government to deliver services to the subject area;
1613	1613	49.29 (15) analysis of whether necessary governmental services can best be provided through
1614	1614	49.30the proposed action or another type of boundary adjustment;
1615	1615	49Article 1 Sec. 60.
1616	1616	REVISOR MS/VJ 25-0104601/28/25 50.1 (16) if only a part of a township is annexed, the ability of the remainder of the township
1617	1617	50.2to continue or the feasibility of it being incorporated separately or being annexed to another
1618	1618	50.3municipality; and
1619	1619	50.4 (17) information received by the presiding administrative law judge from the tour required
1620	1620	50.5under subdivision 3a.
1621	1621	50.6 (b) Based upon the factors, the presiding administrative law judge may order the
1622	1622	50.7annexation on finding:
1623	1623	50.8 (1) that the subject area is now, or is about to become, urban or suburban in character;
1624	1624	50.9 (2) that municipal government in the area proposed for annexation is required to protect
1625	1625	50.10the public health, safety, and welfare; or
1626	1626	50.11 (3) that the annexation would be in the best interest of the subject area.
1627	1627	50.12 (c) If only a part of a township is to be annexed, the presiding administrative law judge
1628	1628	50.13shall consider whether the remainder of the township can continue to carry on the functions
1629	1629	50.14of government without undue hardship.
1630	1630	50.15 (d) The presiding administrative law judge shall deny the annexation on finding that the
1631	1631	50.16increase in revenues for the annexing municipality bears no reasonable relation to the
1632	1632	50.17monetary value of benefits conferred upon the annexed area.
1633	1633	50.18 (e) The presiding administrative law judge may deny the annexation on finding:
1634	1634	50.19 (1) that annexation of all or a part of the property to an adjacent municipality would
1635	1635	50.20better serve the interests of the residents of the property; or
1636	1636	50.21 (2) that the remainder of the township would suffer undue hardship.
1637	1637	50.22 (f) The presiding administrative law judge may alter the boundaries of the area to be
1638	1638	50.23annexed by increasing or decreasing the area so as to include only that property which is
1639	1639	50.24now or is about to become urban or suburban in character or to add property of such character
1640	1640	50.25abutting the area proposed for annexation in order to preserve or improve the symmetry of
1641	1641	50.26the area, or to exclude property that may better be served by another unit of government.
1642	1642	50.27 (g) The presiding administrative law judge may also alter the boundaries of the proposed
1643	1643	50.28annexation so as to follow visible, clearly recognizable physical features.
1644	1644	50.29 (h) If the presiding administrative law judge determines that part of the area would be
1645	1645	50.30better served by another municipality or township, the presiding administrative law judge
1646	1646	50.31may initiate and approve annexation by conducting further hearings and issuing orders
1647	1647	50.32pursuant to subdivisions 3 and 4.
1648	1648	50Article 1 Sec. 60.
1649	1649	REVISOR MS/VJ 25-0104601/28/25 51.1 (i) In all cases, the presiding administrative law judge shall set forth the factors which
1650	1650	51.2are the basis for the decision.
1651	1651	51.3 Sec. 61. Minnesota Statutes 2024, section 462A.04, subdivision 1, is amended to read:
1652	1652	51.4 Subdivision 1.Creation; members.There is created a public body corporate and politic
1653	1653	51.5to be known as the "Minnesota Housing Finance Agency," which shall perform the
1654	1654	51.6governmental functions and exercise the sovereign powers delegated to it in this chapter in
1655	1655	51.7furtherance of the public policies and purposes declared in section 462A.02. The agency
1656	1656	51.8shall consist of the state auditor and six public members appointed by the governor with
1657	1657	51.9advice and consent of the senate. No more than three public members shall reside in the
1658	1658	51.10metropolitan area of jurisdiction of the Metropolitan Council as provided defined in section
1659	1659	51.11473.123, subdivision 1 473.121, subdivision 2, and no more than one public member shall
1660	1660	51.12reside in any one of the development regions established under the provisions of sections
1661	1661	51.13462.381 to 462.396. Each member shall hold office until a successor has been appointed
1662	1662	51.14and has qualified. A certificate of appointment or reappointment of any member shall be
1663	1663	51.15conclusive evidence of the due and proper appointment of the member.
1664	1664	51.16Sec. 62. Minnesota Statutes 2024, section 462A.07, subdivision 11, is amended to read:
1665	1665	51.17 Subd. 11.Cooperative relationships.It may establish cooperative relationships with
1666	1666	51.18such regional county and multicounty housing authorities as may be established, including
1667	1667	51.19the Metropolitan Council, and may develop priorities for the utilization of agency resources
1668	1668	51.20and assistance within a region in cooperation with regional county and multicounty housing
1669	1669	51.21authorities.
1670	1670	51.22Sec. 63. Minnesota Statutes 2024, section 462A.222, subdivision 4, is amended to read:
1671	1671	51.23 Subd. 4.Distribution plan.(a) By October 1, 1990, the Metropolitan Council, in
1672	1672	51.24consultation with the agency and representatives of local government and housing and
1673	1673	51.25redevelopment authorities, shall develop and submit to the agency a plan for allocating tax
1674	1674	51.26credits in 1991 and thereafter in the metropolitan area, based on regional housing needs and
1675	1675	51.27priorities. The agency may amend the distribution plan after consultation with the
1676	1676	51.28Metropolitan Council, representatives of local governments, and housing and redevelopment
1677	1677	51.29authorities.
1678	1678	51.30 (b) By October 1, 1990, the agency, in consultation with representatives of local
1679	1679	51.31government and housing and redevelopment authorities, shall develop a plan for allocating
1680	1680	51.32tax credits in 1991 and thereafter in greater Minnesota, based on regional housing needs
1681	1681	51Article 1 Sec. 63.
1682	1682	REVISOR MS/VJ 25-0104601/28/25 52.1and priorities. The agency may amend the distribution plan after consultation with
1683	1683	52.2representatives of local governments and housing and redevelopment authorities.
1684	1684	52.3 (c) In preparing the distribution plans, the Metropolitan Council and the agency shall
1685	1685	52.4estimate the number of households in the metropolitan area and in greater Minnesota,
1686	1686	52.5respectively, who are paying more than 50 percent of their income for rent and the cost of
1687	1687	52.6providing sufficient rental or other assistance so that no household pays more than 50 percent
1688	1688	52.7of its income for rent. In addition, the Metropolitan Council and the agency shall identify
1689	1689	52.8the nature and scope of existing programs which primarily serve families at 60 percent of
1690	1690	52.9the median income and individuals at 30 percent of the median income.
1691	1691	52.10Sec. 64. Minnesota Statutes 2024, section 462C.04, subdivision 2, is amended to read:
1692	1692	52.11 Subd. 2.Program review.A public hearing shall be held on each program after one
1693	1693	52.12publication of notice in a newspaper circulating generally in the city, at least 15 days before
1694	1694	52.13the hearing. On or before the day on which notice of the public hearing is published, the
1695	1695	52.14city shall submit the program to the metropolitan council, if the city is located in the
1696	1696	52.15metropolitan area as defined in section 473.121, subdivision 2, or to the regional development
1697	1697	52.16commission for the area in which the city is located, if any, for review and comment. The
1698	1698	52.17appropriate reviewing agency shall comment on:
1699	1699	52.18 (a) whether the program furthers local and regional housing policies and is consistent
1700	1700	52.19with the Metropolitan Development Guide, if the city is located in the metropolitan area,
1701	1701	52.20or adopted policies of the regional development commission; and
1702	1702	52.21 (b) the compatibility of the program with the housing portion of the comprehensive plan
1703	1703	52.22of the city, if any.
1704	1704	52.23 Review of the program may be conducted either by the board of the reviewing agency
1705	1705	52.24or by the staff of the agency. Any comment submitted by the reviewing agency to the city
1706	1706	52.25must be presented to the body considering the proposed program at the public hearing held
1707	1707	52.26on the program.
1708	1708	52.27 A member or employee of the reviewing agency shall be permitted to present the
1709	1709	52.28comments of the reviewing agency at the public hearing. After conducting the public hearing,
1710	1710	52.29the program may be adopted with or without amendment, provided that any amendments
1711	1711	52.30must not be inconsistent with the comments, if any, of the reviewing agency and must not
1712	1712	52.31contain any material changes from the program submitted to the reviewing agency other
1713	1713	52.32than changes in the financial aspects of any proposed issue of bonds or obligations. If any
1714	1714	52.33material change other than a change in the financial aspects of a proposed issue of bonds
1715	1715	52Article 1 Sec. 64.
1716	1716	REVISOR MS/VJ 25-0104601/28/25 53.1or obligations, or any change which is inconsistent with the comments of the reviewing
1717	1717	53.2agency is adopted, the amended program shall be resubmitted to the appropriate reviewing
1718	1718	53.3agency for review and comment, and a public hearing shall be held on the amended program
1719	1719	53.4after one publication of notice in a newspaper circulating generally in the city at least 15
1720	1720	53.5days before the hearing. The amended program shall be considered after the public hearing
1721	1721	53.6in the same manner as consideration of the initial program.
1722	1722	53.7 Sec. 65. Minnesota Statutes 2024, section 462C.071, subdivision 2, is amended to read:
1723	1723	53.8 Subd. 2.Limitation; origination period.During the first ten months of an origination
1724	1724	53.9period, a city may make loans financed with proceeds of mortgage bonds for the purchase
1725	1725	53.10of existing housing. Loans financed with the proceeds of mortgage bonds for new housing
1726	1726	53.11in the metropolitan area may be made during the first ten months of an origination period
1727	1727	53.12only if at least one of the following conditions is met:
1728	1728	53.13 (1) the new housing is located in a redevelopment area;
1729	1729	53.14 (2) the new housing is replacing a structurally substandard structure or structures;
1730	1730	53.15 (3) the new housing is located on a parcel purchased by the city or conveyed to the city
1731	1731	53.16under section 282.01, subdivision 1; or
1732	1732	53.17 (4) the new housing is part of a housing affordability initiative, other than those financed
1733	1733	53.18with the proceeds from the sale of bonds, in which federal, state, or local assistance is used
1734	1734	53.19to substantially improve the terms of the financing or to substantially write down the purchase
1735	1735	53.20price of the new housing; or.
1736	1736	53.21 (5) the new housing is located in a city that has entered into a housing affordability
1737	1737	53.22agreement with the metropolitan council.
1738	1738	53.23 Upon expiration of the first ten-month period, a city may make loans financed with the
1739	1739	53.24proceeds of mortgage bonds for the purchase of new and existing housing.
1740	1740	53.25Sec. 66. Minnesota Statutes 2024, section 465.82, subdivision 1, is amended to read:
1741	1741	53.26 Subdivision 1.Adoption and state agency review.Each governing body that proposes
1742	1742	53.27to take part in a combination under sections 465.81 to 465.86 must by resolution adopt a
1743	1743	53.28plan for cooperation and combination. The plan must address each item in this section. The
1744	1744	53.29plan must be specific for any item that will occur within three years and may be general or
1745	1745	53.30set forth alternative proposals for an item that will occur more than three years in the future.
1746	1746	53.31For a metropolitan area local government unit, the plan must be submitted to the Metropolitan
1747	1747	53.32Council for review and comment. The council may point out any resources or technical
1748	1748	53Article 1 Sec. 66.
1749	1749	REVISOR MS/VJ 25-0104601/28/25 54.1assistance it may be able to provide a governing body submitting a plan under this
1750	1750	54.2subdivision. Significant modifications and specific resolutions of items must be submitted
1751	1751	54.3to the council, if appropriate, for review and comment. In the official newspaper of each
1752	1752	54.4local government unit proposing to take part in the combination, the governing body shall
1753	1753	54.5publish at least a summary of the adopted plans, and each significant modification and
1754	1754	54.6resolution of items, and, if appropriate, the results of each council review and comment. If
1755	1755	54.7a territory of a unit is to be apportioned between or among two or more units contiguous to
1756	1756	54.8the unit that is to be apportioned, the plan must specify the area that will become a part of
1757	1757	54.9each remaining unit.
1758	1758	54.10Sec. 67. Minnesota Statutes 2024, section 469.174, subdivision 26, is amended to read:
1759	1759	54.11 Subd. 26.Population."Population" means the population established as of December
1760	1760	54.1231 by the most recent of the following:
1761	1761	54.13 (1) the federal census;
1762	1762	54.14 (2) a special census conducted under contract with the United States Bureau of the
1763	1763	54.15Census; and
1764	1764	54.16 (3) a population estimate made by the Metropolitan Council; and
1765	1765	54.17 (4) (3) a population estimate made by the state demographer under section 4A.02.
1766	1766	54.18 The population so established applies to the following calendar year.
1767	1767	54.19Sec. 68. Minnesota Statutes 2024, section 469.351, subdivision 2, is amended to read:
1768	1768	54.20 Subd. 2.Designation of transit improvement areas.A transit improvement area must
1769	1769	54.21increase the effectiveness of a transit project by incorporating one or more public transit
1770	1770	54.22modes with commercial, residential, or mixed-use development and by providing for safe
1771	1771	54.23and pedestrian-friendly use. The commissioner, in consultation with affected state and
1772	1772	54.24regional agencies, must designate transit improvement areas that meet the objectives under
1773	1773	54.25this subdivision. Affected state and regional agencies include, but are not limited to, the
1774	1774	54.26Minnesota Department of Transportation, and the Minnesota Housing Finance Agency, and
1775	1775	54.27the Metropolitan Council for transit improvement areas located in the seven-county
1776	1776	54.28metropolitan region. To be eligible for designation, an applicant must submit a transit area
1777	1777	54.29improvement plan according to the requirements and timelines established by the
1778	1778	54.30commissioner. At a minimum, the plan must include the information specified under
1779	1779	54.31subdivision 3. The commissioner may modify an applicant's plan to better achieve the
1780	1780	54.32objectives of transit improvement areas. The commissioner must notify applicants of the
1781	1781	54Article 1 Sec. 68.
1782	1782	REVISOR MS/VJ 25-0104601/28/25 55.1designations and must provide a statement of any changes to an applicant's plan with
1783	1783	55.2justification for all changes.
1784	1784	55.3 Sec. 69. Minnesota Statutes 2024, section 471.425, subdivision 1, is amended to read:
1785	1785	55.4 Subdivision 1.Definitions.For the purposes of this section, the following terms have
1786	1786	55.5the meanings here given them.
1787	1787	55.6 (a) "Contract" means any written legal document or documents signed by both parties
1788	1788	55.7in which the terms and conditions of any interest or other penalty for late payments are
1789	1789	55.8clearly stated.
1790	1790	55.9 (b) "Date of receipt" means the completed delivery of the goods or services or the
1791	1791	55.10satisfactory installation, assembly or specified portion thereof, or the receipt of the invoice
1792	1792	55.11for the delivery of the goods or services, whichever is later.
1793	1793	55.12 (c) "Governing board" means the elected or appointed board of the municipality and
1794	1794	55.13includes, but is not limited to, city councils, town boards and county boards.
1795	1795	55.14 (d) "Municipality" means any home rule charter or statutory city, county, town, school
1796	1796	55.15district, political subdivision or agency of local government. "Municipality" means the
1797	1797	55.16Metropolitan Council or any board or an agency created under chapter 473.
1798	1798	55.17Sec. 70. Minnesota Statutes 2024, section 471.9997, is amended to read:
1799	1799	55.18 471.9997 FEDERALLY ASSISTED RENTAL HOUSING; IMPACT STATEMENT.
1800	1800	55.19 At least 12 months before termination of participation in a federally assisted rental
1801	1801	55.20housing program, including project-based Section 8 and Section 236 rental housing, the
1802	1802	55.21owner of the federally assisted rental housing must submit a statement regarding the impact
1803	1803	55.22of termination on the residents of the rental housing to the governing body of the local
1804	1804	55.23government unit in which the housing is located. The impact statement must identify the
1805	1805	55.24number of units that will no longer be subject to rent restrictions imposed by the federal
1806	1806	55.25program, the estimated rents that will be charged as compared to rents charged under the
1807	1807	55.26federal program, and actions the owner will take to assist displaced tenants in obtaining
1808	1808	55.27other housing. A copy of the impact statement must be provided to each resident of the
1809	1809	55.28affected building, and to the Minnesota Housing Finance Agency, and, if the property is
1810	1810	55.29located in the metropolitan area as defined in section 473.121, subdivision 2, the Metropolitan
1811	1811	55.30Council.
1812	1812	55Article 1 Sec. 70.
1813	1813	REVISOR MS/VJ 25-0104601/28/25 56.1 Sec. 71. Minnesota Statutes 2024, section 473.121, subdivision 2, is amended to read:
1814	1814	56.2 Subd. 2.Metropolitan area or area."Metropolitan area" or "area" means the area over
1815	1815	56.3which the Metropolitan Council has jurisdiction, including only the counties of Anoka;
1816	1816	56.4Carver; Dakota excluding the cities of Northfield and Cannon Falls; Hennepin excluding
1817	1817	56.5the cities of Hanover and Rockford; Ramsey; Scott excluding the city of New Prague; and
1818	1818	56.6Washington.
1819	1819	56.7 Sec. 72. Minnesota Statutes 2024, section 473.142, is amended to read:
1820	1820	56.8 473.142 SMALL BUSINESSES.
1821	1821	56.9 (a) The Metropolitan Council and agencies specified in section 473.143, subdivision 1,
1822	1822	56.10may award up to a six percent preference in the amount bid for specified goods or services
1823	1823	56.11to small targeted group businesses and veteran-owned small businesses designated under
1824	1824	56.12section 16C.16.
1825	1825	56.13 (b) The council and Each agency specified in section 473.143, subdivision 1, may
1826	1826	56.14designate a purchase of goods or services for award only to small targeted group businesses
1827	1827	56.15designated under section 16C.16 if the council or agency determines that at least three small
1828	1828	56.16targeted group businesses are likely to bid. The council and Each agency specified in section
1829	1829	56.17473.143, subdivision 1, may designate a purchase of goods or services for award only to
1830	1830	56.18veteran-owned small businesses designated under section 16C.16 if the council or agency
1831	1831	56.19determines that at least three veteran-owned small businesses are likely to bid.
1832	1832	56.20 (c) The council and Each agency specified in section 473.143, subdivision 1, as a
1833	1833	56.21condition of awarding a construction contract or approving a contract for consultant,
1834	1834	56.22professional, or technical services, may set goals that require the prime contractor to
1835	1835	56.23subcontract a portion of the contract to small targeted group businesses and veteran-owned
1836	1836	56.24small businesses designated under section 16C.16. The council or agency must establish a
1837	1837	56.25procedure for granting waivers from the subcontracting requirement when qualified small
1838	1838	56.26targeted group businesses and veteran-owned small businesses are not reasonably available.
1839	1839	56.27The council or agency may establish financial incentives for prime contractors who exceed
1840	1840	56.28the goals for use of subcontractors and financial penalties for prime contractors who fail to
1841	1841	56.29meet goals under this paragraph. The subcontracting requirements of this paragraph do not
1842	1842	56.30apply to prime contractors who are small targeted group businesses and veteran-owned
1843	1843	56.31small businesses. At least 75 percent of the value of the subcontracts awarded to small
1844	1844	56.32targeted group businesses under this paragraph must be performed by the business to which
1845	1845	56.33the subcontract is awarded or by another small targeted group business. At least 75 percent
1846	1846	56.34of the value of the subcontracts awarded to veteran-owned small businesses under this
1847	1847	56Article 1 Sec. 72.
1848	1848	REVISOR MS/VJ 25-0104601/28/25 57.1paragraph must be performed by the business to which the subcontract is awarded or another
1849	1849	57.2veteran-owned small business.
1850	1850	57.3 (d) The council and Each agency listed in section 473.143, subdivision 1, are is
1851	1851	57.4encouraged to purchase from small targeted group businesses and veteran-owned small
1852	1852	57.5businesses designated under section 16C.16 when making purchases that are not subject to
1853	1853	57.6competitive bidding procedures.
1854	1854	57.7 (e) The council and Each agency may adopt rules to implement this section.
1855	1855	57.8 (f) Each council or agency contract must require the prime contractor to pay any
1856	1856	57.9subcontractor within ten days of the prime contractor's receipt of payment from the council
1857	1857	57.10or agency for undisputed services provided by the subcontractor. The contract must require
1858	1858	57.11the prime contractor to pay interest of 1-1/2 percent per month or any part of a month to
1859	1859	57.12the subcontractor on any undisputed amount not paid on time to the subcontractor. The
1860	1860	57.13minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10.
1861	1861	57.14For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty
1862	1862	57.15due to the subcontractor. A subcontractor who prevails in a civil action to collect interest
1863	1863	57.16penalties from a prime contractor must be awarded its costs and disbursements, including
1864	1864	57.17attorney fees, incurred in bringing the action.
1865	1865	57.18 (g) This section does not apply to procurement financed in whole or in part with federal
1866	1866	57.19funds if the procurement is subject to federal disadvantaged, minority, or women business
1867	1867	57.20enterprise regulations. The council and Each agency shall report to the commissioner of
1868	1868	57.21administration on compliance with this section. The information must be reported at the
1869	1869	57.22time and in the manner requested by the commissioner.
1870	1870	57.23Sec. 73. Minnesota Statutes 2024, section 473.1425, is amended to read:
1871	1871	57.24 473.1425 WORKING CAPITAL FUND.
1872	1872	57.25 The Metropolitan Council or A metropolitan agency defined in section 473.121,
1873	1873	57.26subdivision 5a, to the extent allowed by other law or contract, may grant available money
1874	1874	57.27that has been appropriated for socially or economically disadvantaged business programs
1875	1875	57.28to a guaranty fund administered by a nonprofit organization that makes or guarantees working
1876	1876	57.29capital loans to businesses owned and operated by socially or economically disadvantaged
1877	1877	57.30persons as defined in Code of Federal Regulations, title 49, section 23.5. The purpose of
1878	1878	57.31loans made or guaranteed by the organization must be to provide short-term working capital
1879	1879	57.32to enable eligible businesses to be awarded contracts for goods and services or for
1880	1880	57.33construction related services from government agencies.
1881	1881	57Article 1 Sec. 73.
1882	1882	REVISOR MS/VJ 25-0104601/28/25 58.1 Sec. 74. Minnesota Statutes 2024, section 473.143, is amended to read:
1883	1883	58.2 473.143 AFFIRMATIVE ACTION PLANS.
1884	1884	58.3 Subdivision 1.Application.For purposes of this section, "agency" means a metropolitan
1885	1885	58.4agency as defined in section 473.121, except the Metropolitan Parks and Open Space
1886	1886	58.5Commission. Agency also means the Metropolitan Mosquito Control Commission. For
1887	1887	58.6purposes of this section, "commissioner" means the commissioner of the state Department
1888	1888	58.7of Management and Budget.
1889	1889	58.8 Subd. 2.Development and contents.The council and Each agency shall develop an
1890	1890	58.9affirmative action plan and submit its plan to the commissioner for approval. The
1891	1891	58.10commissioner may not approve a plan unless the commissioner determines that it will be
1892	1892	58.11effective in assuring that employment positions are equally accessible to all qualified persons,
1893	1893	58.12in eliminating the underutilization of qualified members of protected groups, in providing
1894	1894	58.13a supportive work environment to all employees, regardless of race, religion, sex, national
1895	1895	58.14origin, or disability, and in dealing with discrimination complaints. For purposes of this
1896	1896	58.15section, "protected group" has the meaning given it in section 43A.02, subdivision 33. A
1897	1897	58.16plan must contain at least the elements required in this subdivision.
1898	1898	58.17 (a) It must identify protected groups that are underrepresented in the council's or agency's
1899	1899	58.18work force.
1900	1900	58.19 (b) It must designate a person responsible for directing and implementing the affirmative
1901	1901	58.20action program and assign the specific responsibilities and duties of that person. The person
1902	1902	58.21responsible for implementing the program shall report directly to the council's or agency's
1903	1903	58.22chief operating officer regarding the person's affirmative action duties. The person responsible
1904	1904	58.23for the affirmative action program shall review examination and other selection criteria to
1905	1905	58.24assure compliance with law. This person shall be involved in the filling of all vacancies in
1906	1906	58.25the council or agency work force, to the extent necessary to facilitate attainment of affirmative
1907	1907	58.26action goals.
1908	1908	58.27 (c) It must describe the methods by which the plan will be communicated to employees
1909	1909	58.28and to other persons.
1910	1910	58.29 (d) It must describe methods for recruiting members of protected groups. These methods
1911	1911	58.30may include internship programs, cooperation with union apprenticeship programs, and
1912	1912	58.31other steps necessary to expand the number of protected group members in applicant pools.
1913	1913	58.32 (e) It must describe internal procedures in accordance with this paragraph for processing
1914	1914	58.33complaints of alleged discrimination from job applicants and employees. The procedures
1915	1915	58Article 1 Sec. 74.
1916	1916	REVISOR MS/VJ 25-0104601/28/25 59.1must provide for an initial determination of whether the complaint is properly a discrimination
1917	1917	59.2complaint subject to the procedure under the affirmative action plan. Complaints filed under
1918	1918	59.3the discrimination procedures that allege reprisals against an employee for opposing a
1919	1919	59.4forbidden practice or for filing a charge, testifying, or participating in an investigation,
1920	1920	59.5proceeding, or hearing relating to a forbidden practice are appealable to the chief operating
1921	1921	59.6officer of the council or agency. Procedures under this paragraph must be distinct from any
1922	1922	59.7procedures available under a union contract or personnel policy for nondiscrimination
1923	1923	59.8complaints. Use of procedures developed under this paragraph is not a prerequisite to filing
1924	1924	59.9charges with a governmental enforcement agency, nor does it limit a person's right to file
1925	1925	59.10these charges.
1926	1926	59.11 (f) It must set goals and timetables to eliminate underutilization of members of each
1927	1927	59.12protected group in the council or agency work force.
1928	1928	59.13 (g) It must provide a plan for retaining and promoting protected group members in the
1929	1929	59.14council or agency work force. This plan should encourage training opportunities for protected
1930	1930	59.15group members, to the extent necessary to eliminate underutilization in specific parts of the
1931	1931	59.16work force.
1932	1932	59.17 (h) It must describe methods of auditing, evaluating, and reporting program success,
1933	1933	59.18including a procedure that requires a preemployment review of all hiring decisions for
1934	1934	59.19occupational groups with unmet affirmative action goals.
1935	1935	59.20 (i) It must provide for training of management and supervisory personnel in
1936	1936	59.21implementation of the plan and in dealing with alleged acts of discrimination in the
1937	1937	59.22workplace.
1938	1938	59.23 (j) It must provide for periodic surveying of the council or agency work force to determine
1939	1939	59.24employee attitudes toward implementation of the plan.
1940	1940	59.25 (k) It must provide for creation of an employee committee to advise on implementation
1941	1941	59.26of the plan and on any changes needed in the plan.
1942	1942	59.27 Subd. 3.Harassment.The council and Each agency shall adopt written policies
1943	1943	59.28forbidding harassment based on sex, disability, or race in their workplaces and establishing
1944	1944	59.29implementation plans and grievance procedures to deal with complaints of harassment based
1945	1945	59.30on sex, disability, or race.
1946	1946	59.31 Subd. 4.Performance evaluation.The evaluation of the performance of each supervisory
1947	1947	59.32and managerial employee of the council and the agencies must include evaluation of the
1948	1948	59Article 1 Sec. 74.
1949	1949	REVISOR MS/VJ 25-0104601/28/25 60.1person's performance in implementing the council's or agency's affirmative action plan and
1950	1950	60.2in preventing forbidden discrimination in the workplace.
1951	1951	60.3 Subd. 5.Report.By March 1 each year, the commissioner shall report to the legislature
1952	1952	60.4on affirmative action progress of the council and of each agency. The report must include:
1953	1953	60.5 (1) an audit of the record of the council and each agency to determine compliance with
1954	1954	60.6affirmative action goals and to evaluate overall progress in attainment of overall affirmative
1955	1955	60.7action objectives;
1956	1956	60.8 (2) if the council or any agency has failed to make satisfactory progress toward its
1957	1957	60.9affirmative action goals, a list of unmet goals and an analysis of why the failure occurred;
1958	1958	60.10 (3) a summary of all personnel actions taken by the council and each agency during the
1959	1959	60.11past calendar year, categorized by occupational group, protected group status, and full-time,
1960	1960	60.12part-time, temporary, and seasonal status; and
1961	1961	60.13 (4) a summary of discrimination complaints and lawsuits against the council and each
1962	1962	60.14agency filed or resolved during the past calendar year, including the basis for the complaints
1963	1963	60.15and lawsuits.
1964	1964	60.16 For purposes of this subdivision, "personnel action" means a new hire, promotion,
1965	1965	60.17transfer, demotion, layoff, recall from layoff, suspension with or without pay, letter of
1966	1966	60.18reprimand, involuntary termination, other disciplinary action, and voluntary termination.
1967	1967	60.19 The council and Each agency shall report to the commissioner all information that the
1968	1968	60.20commissioner requests to make the report required by this subdivision. In providing this
1969	1969	60.21information, the council and agencies are not required to reveal information that is not public
1970	1970	60.22data under chapter 13.
1971	1971	60.23 The council and Each agency shall submit these reports at the time and in the manner
1972	1972	60.24requested by the commissioner. The commissioner shall report to the legislature on the
1973	1973	60.25failure of the council or an agency to file the required report in a timely manner.
1974	1974	60.26 Subd. 6.Coordination.The commissioner or a designee shall meet with affirmative
1975	1975	60.27action officers of the council and all of the agencies to share successful techniques and
1976	1976	60.28foster innovative means to implement affirmative action plans and eliminate discrimination
1977	1977	60.29in the workplace.
1978	1978	60.30 Subd. 7.Coordination with legislature.The council and Each agency shall facilitate
1979	1979	60.31legislative oversight of equal opportunity practices by providing the legislature access,
1980	1980	60.32including access to computerized records if compatible systems exist, to public data
1981	1981	60Article 1 Sec. 74.
1982	1982	REVISOR MS/VJ 25-0104601/28/25 61.1maintained by the agency. The council and agencies must not provide access to information
1983	1983	61.2that is not public data as defined in section 13.02, subdivision 8a.
1984	1984	61.3 Sec. 75. Minnesota Statutes 2024, section 473.144, is amended to read:
1985	1985	61.4 473.144 CERTIFICATES OF COMPLIANCE FOR CONTRACTS.
1986	1986	61.5 (a) For all contracts for goods and services in excess of $100,000, neither the council
1987	1987	61.6nor an agency listed in section 473.143, subdivision 1, shall not accept any bid or proposal
1988	1988	61.7for a contract or agreement from any business having more than 40 full-time employees
1989	1989	61.8within this state on a single working day during the previous 12 months, unless the firm or
1990	1990	61.9business has an affirmative action plan for the employment of minority persons, women,
1991	1991	61.10and qualified disabled individuals submitted to the commissioner of human rights for
1992	1992	61.11approval. Neither the council nor An agency listed in section 473.143, subdivision 1, shall
1993	1993	61.12not execute the contract or agreement until the affirmative action plan has been approved
1994	1994	61.13by the commissioner of human rights. Receipt of a certificate of compliance from the
1995	1995	61.14commissioner of human rights signifies that a business has an approved affirmative action
1996	1996	61.15plan. A certificate is valid for two years. Section 363A.36 governs revocation of certificates.
1997	1997	61.16The rules adopted by the commissioner of human rights under section 363A.37 apply to
1998	1998	61.17this section.
1999	1999	61.18 (b) This paragraph applies to a contract for goods or services in excess of $100,000 to
2000	2000	61.19be entered into between the council or an agency listed in section 473.143, subdivision 1,
2001	2001	61.20and a business that is not subject to paragraph (a), but that has more than 40 full-time
2002	2002	61.21employees on a single working day during the previous 12 months in the state where the
2003	2003	61.22business has its primary place of business. The council or the agency may not execute a
2004	2004	61.23contract or agreement with a business covered by this paragraph unless the business has a
2005	2005	61.24certificate of compliance issued by the commissioner under paragraph (a) or the business
2006	2006	61.25certifies to the contracting agency that it is in compliance with federal affirmative action
2007	2007	61.26requirements.
2008	2008	61.27Sec. 76. Minnesota Statutes 2024, section 473.145, is amended to read:
2009	2009	61.28 473.145 DEVELOPMENT GUIDE.
2010	2010	61.29 (a) The Metropolitan Council commissioner of administration must prepare and adopt,
2011	2011	61.30after appropriate study and such public hearings as may be necessary, a comprehensive
2012	2012	61.31development guide for the metropolitan area. It must consist of a compilation of policy
2013	2013	61.32statements, goals, standards, programs, and maps prescribing guides for the orderly and
2014	2014	61.33economical development, public and private, of the metropolitan area. The comprehensive
2015	2015	61Article 1 Sec. 76.
2016	2016	REVISOR MS/VJ 25-0104601/28/25 62.1development guide must recognize and encompass physical, social, or economic needs of
2017	2017	62.2the metropolitan area and those future developments which will have an impact on the entire
2018	2018	62.3area including but not limited to such matters as land use, climate mitigation and adaptation,
2019	2019	62.4parks and open space land needs, the necessity for and location of airports, highways, transit
2020	2020	62.5facilities, public hospitals, libraries, schools, and other public buildings.
2021	2021	62.6 (b) For the purposes of this section, "climate mitigation and adaptation" includes
2022	2022	62.7mitigation goals and strategies that meet or exceed the greenhouse gas emissions-reduction
2023	2023	62.8goals established by the state under section 216H.02, subdivision 1, and transportation
2024	2024	62.9targets established by the commissioner of transportation, including vehicle miles traveled
2025	2025	62.10reduction targets established in the statewide multimodal transportation plan under section
2026	2026	62.11174.03, subdivision 1a, as well as plans and policies to address climate adaptation in the
2027	2027	62.12region. The commissioner of transportation must consult with the Metropolitan Council
2028	2028	62.13commissioner of administration on transportation targets prior to establishing the targets.
2029	2029	62.14 (c) Notwithstanding any other provision of law, no decision adopting or authorizing a
2030	2030	62.15comprehensive plan shall be subject to the requirements of chapter 116D. Nothing in this
2031	2031	62.16paragraph exempts individual projects, as defined by Minnesota Rules, part 4410.0200,
2032	2032	62.17subpart 65, from the requirements of chapter 116D and applicable rules.
2033	2033	62.18Sec. 77. Minnesota Statutes 2024, section 473.146, subdivision 1, is amended to read:
2034	2034	62.19 Subdivision 1.Requirement.The council commissioner of administration shall adopt
2035	2035	62.20a long-range comprehensive policy plan for transportation and wastewater treatment. The
2036	2036	62.21plans must substantially conform to all policy statements, purposes, goals, standards, and
2037	2037	62.22maps in the development guide developed and adopted by the council required under this
2038	2038	62.23chapter. Each policy plan must include, to the extent appropriate to the functions, services,
2039	2039	62.24and systems covered, the following:
2040	2040	62.25 (1) forecasts of changes in the general levels and distribution of population, households,
2041	2041	62.26employment, land uses, and other relevant matters, for the metropolitan area and appropriate
2042	2042	62.27subareas;
2043	2043	62.28 (2) a statement of issues, problems, needs, and opportunities with respect to the functions,
2044	2044	62.29services, and systems covered;
2045	2045	62.30 (3) a statement of the council's goals, objectives, and priorities with respect to the
2046	2046	62.31functions, services, and systems covered, addressing areas and populations to be served,
2047	2047	62.32the levels, distribution, and staging of services; a general description of the facility systems
2048	2048	62.33required to support the services; the estimated cost of improvements required to achieve
2049	2049	62Article 1 Sec. 77.
2050	2050	REVISOR MS/VJ 25-0104601/28/25 63.1the council's goals for the regional systems, including an analysis of what portion of the
2051	2051	63.2funding for each improvement is proposed to come from the state, Metropolitan Council
2052	2052	63.3levies, and cities, counties, and towns in the metropolitan area, respectively, and other
2053	2053	63.4similar matters;
2054	2054	63.5 (4) a statement of policies to effectuate the council's goals, objectives, and priorities;
2055	2055	63.6 (5) a statement of the fiscal implications of the council's plan, including a statement of:
2056	2056	63.7(i) the resources available under existing fiscal policy; (ii) the adequacy of resources under
2057	2057	63.8existing fiscal policy and any shortfalls and unattended needs; (iii) additional resources, if
2058	2058	63.9any, that are or may be required to effectuate the council's commissioner of administration's
2059	2059	63.10goals, objectives, and priorities; and (iv) any changes in existing fiscal policy, on regional
2060	2060	63.11revenues and intergovernmental aids respectively, that are expected or that the council has
2061	2061	63.12recommended or may recommend in the plan;
2062	2062	63.13 (6) a statement of the relationship of the policy plan to other policy plans and chapters
2063	2063	63.14of the Metropolitan development guide; and
2064	2064	63.15 (7) a statement of the relationships to local comprehensive plans prepared under sections
2065	2065	63.16473.851 to 473.871; and
2066	2066	63.17 (8) (7) additional general information as may be necessary to develop the policy plan
2067	2067	63.18or as may be required by the laws relating to the metropolitan agency and function covered
2068	2068	63.19by the policy plan.
2069	2069	63.20Sec. 78. Minnesota Statutes 2024, section 473.146, subdivision 3, is amended to read:
2070	2070	63.21 Subd. 3.Development guide; Transportation.The transportation chapter must include
2071	2071	63.22policies relating to all transportation forms and be designed to promote the legislative
2072	2072	63.23determinations, policies, and goals set forth in section 473.371. In addition to the
2073	2073	63.24requirements of subdivision 1 regarding the contents of the policy plan, the nontransit
2074	2074	63.25element of the transportation chapter must include the following:
2075	2075	63.26 (1) a statement of the needs and problems of the metropolitan area with respect to the
2076	2076	63.27functions covered, including the present and prospective demand for and constraints on
2077	2077	63.28access to regional business concentrations and other major activity centers and the constraints
2078	2078	63.29on and acceptable levels of development and vehicular trip generation at such centers;
2079	2079	63.30 (2) the objectives of and the policies to be forwarded by the policy plan;
2080	2080	63.31 (3) a general description of the physical facilities and services to be developed;
2081	2081	63.32 (4) a statement as to the general location of physical facilities and service areas;
2082	2082	63Article 1 Sec. 78.
2083	2083	REVISOR MS/VJ 25-0104601/28/25 64.1 (5) a general statement of timing and priorities in the development of those physical
2084	2084	64.2facilities and service areas;
2085	2085	64.3 (6) a detailed statement, updated every two years, of timing and priorities for
2086	2086	64.4improvements and expenditures needed on the metropolitan highway system;
2087	2087	64.5 (7) a general statement on the level of public expenditure appropriate to the facilities;
2088	2088	64.6and
2089	2089	64.7 (8) a long-range assessment of air transportation trends and factors that may affect airport
2090	2090	64.8development in the metropolitan area and policies and strategies that will ensure a
2091	2091	64.9comprehensive, coordinated, and timely investigation and evaluation of alternatives for
2092	2092	64.10airport development.
2093	2093	64.11 The council commissioner of administration shall develop the nontransit element in
2094	2094	64.12consultation with the transportation advisory board and the Metropolitan Airports
2095	2095	64.13Commission and cities having an airport located within or adjacent to its corporate
2096	2096	64.14boundaries. The council shall also take, taking into consideration the airport development
2097	2097	64.15and operations plans and activities of the commission. The council commissioner of
2098	2098	64.16administration shall transmit the results to the state Department of Transportation.
2099	2099	64.17Sec. 79. Minnesota Statutes 2024, section 473.146, is amended by adding a subdivision
2100	2100	64.18to read:
2101	2101	64.19 Subd. 5.Consultation with agency; predrafting notice.(a) In preparing or amending
2102	2102	64.20the policy plan, the commissioner of administration shall consult with and make use of the
2103	2103	64.21expertise of the affected metropolitan agency. The metropolitan agency shall cooperate with
2104	2104	64.22the commissioner and make its records, studies, plans, and other information available to
2105	2105	64.23the commissioner.
2106	2106	64.24 (b) Before beginning to prepare a substantial revision of a policy plan, the designated
2107	2107	64.25planning agency shall publish notice and request comments from the public. At least 90
2108	2108	64.26days before publication of the predrafting notice, the designated planning agency shall
2109	2109	64.27submit a draft of the notice to the affected metropolitan agency for review and comment.
2110	2110	64.28The predrafting notice must include a statement of the subjects expected to be covered by
2111	2111	64.29the policy and implementation plans; a summary of important problems, issues, and matters
2112	2112	64.30that are expected to be addressed in the plans; and a summary of the studies and other
2113	2113	64.31information required as the basis of the plans. All interested persons must be afforded an
2114	2114	64.32opportunity to submit data or views on the predrafting notice, either orally or in writing.
2115	2115	64Article 1 Sec. 79.
2116	2116	REVISOR MS/VJ 25-0104601/28/25 65.1 (c) Before adopting a policy plan or substantial revision, the commissioner shall submit
2117	2117	65.2the proposed plan to the affected metropolitan agency for review, and the metropolitan
2118	2118	65.3agency shall report its comments to the commissioner within 90 days.
2119	2119	65.4 Sec. 80. Minnesota Statutes 2024, section 473.146, is amended by adding a subdivision
2120	2120	65.5to read:
2121	2121	65.6 Subd. 6.Hearing; adoption.The designated planning agency shall hold a public hearing
2122	2122	65.7on the proposed policy plan at a time and place in the metropolitan area determined by the
2123	2123	65.8commissioner. Not less than 15 days before the hearing, the commissioner shall publish
2124	2124	65.9notice in a newspaper or newspapers having general circulation in the metropolitan area,
2125	2125	65.10stating the date, time, and place of hearing, and the place where the proposed policy plan
2126	2126	65.11and metropolitan agency comments may be examined by any interested person. At any
2127	2127	65.12hearing, interested persons must be permitted to present their views on the policy plan, and
2128	2128	65.13the hearing may be continued from time to time. After receipt of the designated planning
2129	2129	65.14agency's report and the hearing, the commissioner may revise the proposed plan giving
2130	2130	65.15appropriate consideration to all comments received and thereafter shall adopt the plan by
2131	2131	65.16resolution.
2132	2132	65.17Sec. 81. Minnesota Statutes 2024, section 473.146, is amended by adding a subdivision
2133	2133	65.18to read:
2134	2134	65.19 Subd. 7.Effect.Adopted policy plans must be followed by the designated planning
2135	2135	65.20agency and the affected metropolitan agency.
2136	2136	65.21Sec. 82. Minnesota Statutes 2024, section 473.146, is amended by adding a subdivision
2137	2137	65.22to read:
2138	2138	65.23 Subd. 8.Amendment.An amendment to a policy plan may be initiated by the
2139	2139	65.24commissioner or by an affected metropolitan agency. At least every five years, the
2140	2140	65.25commissioner shall engage in a comprehensive review of the policy plan and revise the plan
2141	2141	65.26as necessary. The commissioner shall amend a policy plan in accordance with the procedures
2142	2142	65.27established in this section.
2143	2143	65.28Sec. 83. Minnesota Statutes 2024, section 473.8011, is amended to read:
2144	2144	65.29 473.8011 METROPOLITAN AGENCY RECYCLING GOAL.
2145	2145	65.30 By December 31, 1993, the Metropolitan Council, each metropolitan agency as defined
2146	2146	65.31in section 473.121, and the Metropolitan Mosquito Control District established in section
2147	2147	65Article 1 Sec. 83.
2148	2148	REVISOR MS/VJ 25-0104601/28/25 66.1473.702 shall recycle at least 40 percent by weight of the solid waste generated by their
2149	2149	66.2offices or other operations. The commissioner shall provide information and technical
2150	2150	66.3assistance to the council, agencies, and the district to implement effective recycling programs.
2151	2151	66.4 By August 1 of each year, the council, each agency, and the district shall submit to the
2152	2152	66.5Pollution Control Agency a report for the previous fiscal year describing recycling rates,
2153	2153	66.6specified by the county in which the council, agency, or operation is located, and progress
2154	2154	66.7toward meeting the recycling goal. The Pollution Control Agency shall incorporate the
2155	2155	66.8recycling rates reported in the respective county's recycling rates for the previous fiscal
2156	2156	66.9year.
2157	2157	66.10 If the goal is not met, the council, agency, or district must include in its 1994 report
2158	2158	66.11reasons for not meeting the goal and a plan for meeting it in the future.
2159	2159	66.12Sec. 84. Minnesota Statutes 2024, section 473.910, subdivision 3, is amended to read:
2160	2160	66.13 Subd. 3.Membership.The board shall be composed of 13 12 members. Three members
2161	2161	66.14must be appointed by the Minneapolis City Council from among its members; three by the
2162	2162	66.15Hennepin County Board, from among its members; one by the Minneapolis Park Board,
2163	2163	66.16from among its members; one by the Metropolitan Council, from among its members; two
2164	2164	66.17members of the public appointed by the Minneapolis City Council; two members of the
2165	2165	66.18public appointed by the Hennepin County Board; and one member appointed by the member
2166	2166	66.19of Congress from the fifth district or the member's designee. The public members must
2167	2167	66.20reside or do business in the affected area.
2168	2168	66.21Sec. 85. Minnesota Statutes 2024, section 477A.011, subdivision 3, is amended to read:
2169	2169	66.22 Subd. 3.Population."Population" means the population estimated or established as of
2170	2170	66.23July 15 in an aid calculation year by the most recent federal census, by a special census
2171	2171	66.24conducted under contract with the United States Bureau of the Census, by a population
2172	2172	66.25estimate made by the Metropolitan Council pursuant to section 473.24, or by a population
2173	2173	66.26estimate of the state demographer made pursuant to section 4A.02, whichever is the most
2174	2174	66.27recent as to the stated date of the count or estimate for the preceding calendar year, and
2175	2175	66.28which has been certified to the commissioner of revenue on or before July 15 of the aid
2176	2176	66.29calculation year. The term "per capita" refers to population as defined by this subdivision.
2177	2177	66.30A revision of an estimate or count is effective for these purposes only if it is certified to the
2178	2178	66.31commissioner on or before July 15 of the aid calculation year. Clerical errors in the
2179	2179	66.32certification or use of the estimates and counts established as of July 15 in the aid calculation
2180	2180	66.33year are subject to correction within the time periods allowed under section 477A.014.
2181	2181	66Article 1 Sec. 85.
2182	2182	REVISOR MS/VJ 25-0104601/28/25 67.1 Sec. 86. Minnesota Statutes 2024, section 477A.011, subdivision 3b, is amended to read:
2183	2183	67.2 Subd. 3b.Population age 65 and over."Population age 65 and over" means the
2184	2184	67.3population age 65 and over established as of July 15 in an aid calculation year by the most
2185	2185	67.4recent federal census, by a special census conducted under contract with the United States
2186	2186	67.5Bureau of the Census, by a population estimate made by the Metropolitan Council, or by a
2187	2187	67.6population estimate of the state demographer made pursuant to section 4A.02, whichever
2188	2188	67.7is the most recent as to the stated date of the count or estimate for the preceding calendar
2189	2189	67.8year and which has been certified to the commissioner of revenue on or before July 15 of
2190	2190	67.9the aid calculation year. A revision to an estimate or count is effective for these purposes
2191	2191	67.10only if certified to the commissioner on or before July 15 of the aid calculation year. Clerical
2192	2192	67.11errors in the certification or use of estimates and counts established as of July 15 in the aid
2193	2193	67.12calculation year are subject to correction within the time periods allowed under section
2194	2194	67.13477A.014.
2195	2195	67.14Sec. 87. Minnesota Statutes 2024, section 572A.02, subdivision 5, is amended to read:
2196	2196	67.15 Subd. 5.Decision factors.In disputes brought under this section, the arbitration panel
2197	2197	67.16shall consider the following factors in making a decision:
2198	2198	67.17 (1) present population and number of households, past population, and projected
2199	2199	67.18population growth of the subject area and adjacent units of local government;
2200	2200	67.19 (2) quantity of land within the subject area and adjacent units of local government; and
2201	2201	67.20natural terrain including recognizable physical features, general topography, major
2202	2202	67.21watersheds, soil conditions, and such natural features as rivers, lakes, and major bluffs;
2203	2203	67.22 (3) degree of contiguity of the boundaries between the municipality and the subject area;
2204	2204	67.23 (4) present pattern of physical development, planning, and intended land uses in the
2205	2205	67.24subject area and the municipality including residential, industrial, commercial, agricultural,
2206	2206	67.25and institutional land uses and the impact of the proposed action on those land uses;
2207	2207	67.26 (5) the present transportation network and potential transportation issues, including
2208	2208	67.27proposed highway development;
2209	2209	67.28 (6) land use controls and planning presently being utilized in the municipality and the
2210	2210	67.29subject area, including comprehensive plans for development in the area and plans and
2211	2211	67.30policies of the Metropolitan Council, and whether there are inconsistencies between proposed
2212	2212	67.31development and existing land use controls and the reasons therefore;
2213	2213	67Article 1 Sec. 87.
2214	2214	REVISOR MS/VJ 25-0104601/28/25 68.1 (7) existing levels of governmental services being provided in the municipality and the
2215	2215	68.2subject area, including water and sewer service, fire rating and protection, law enforcement,
2216	2216	68.3street improvements and maintenance, administrative services, and recreational facilities
2217	2217	68.4and the impact of the proposed action on the delivery of said services;
2218	2218	68.5 (8) existing or potential environmental problems and whether the proposed action is
2219	2219	68.6likely to improve or resolve these problems;
2220	2220	68.7 (9) plans and programs by the municipality for providing needed governmental services
2221	2221	68.8to the subject area;
2222	2222	68.9 (10) an analysis of the fiscal impact on the municipality, the subject area, and adjacent
2223	2223	68.10units of local government, including net tax capacity and the present bonded indebtedness,
2224	2224	68.11and the local tax rates of the county, school district, and township;
2225	2225	68.12 (11) relationship and effect of the proposed action on affected and adjacent school
2226	2226	68.13districts and communities;
2227	2227	68.14 (12) adequacy of town government to deliver services to the subject area;
2228	2228	68.15 (13) analysis of whether necessary governmental services can best be provided through
2229	2229	68.16the proposed action or another type of boundary adjustment; and
2230	2230	68.17 (14) if only a part of a township is annexed, the ability of the remainder of the township
2231	2231	68.18to continue or the feasibility of it being incorporated separately or being annexed to another
2232	2232	68.19municipality.
2233	2233	68.20Any party to the proceeding may present evidence and testimony on any of the above factors
2234	2234	68.21at the hearing on the matter.
2235	2235	68.22Sec. 88. Minnesota Statutes 2024, section 604B.04, subdivision 7, is amended to read:
2236	2236	68.23 Subd. 7.Governmental unit immunity.No cause of action may be maintained against
2237	2237	68.24a governmental unit as defined in section 462.384, subdivision 2, including governmental
2238	2238	68.25units acting jointly under section 471.59, for damages or harm resulting from the collection,
2239	2239	68.26publication, or dissemination of year 2000 solution information to other governmental units
2240	2240	68.27or to the Metropolitan Council or metropolitan agencies.
2241	2241	68.28Sec. 89. Minnesota Statutes 2024, section 609.2231, subdivision 11, is amended to read:
2242	2242	68.29 Subd. 11.Transit operators.(a) A person is guilty of a gross misdemeanor if (1) the
2243	2243	68.30person assaults a transit operator, or intentionally throws or otherwise transfers bodily fluids
2244	2244	68.31onto a transit operator; and (2) the transit operator is acting in the course of the operator's
2245	2245	68Article 1 Sec. 89.
2246	2246	REVISOR MS/VJ 25-0104601/28/25 69.1duties and is operating a transit vehicle, aboard a transit vehicle, or otherwise responsible
2247	2247	69.2for a transit vehicle. A person convicted under this paragraph may be sentenced to
2248	2248	69.3imprisonment for not more than 364 days or to payment of a fine of not more than $3,000,
2249	2249	69.4or both.
2250	2250	69.5 (b) For the purposes of this subdivision, "transit operator" means a driver or operator of
2251	2251	69.6a transit vehicle that is used to provide any of the following services:
2252	2252	69.7 (1) public transportation, as defined in section 174.22, subdivision 7;
2253	2253	69.8 (2) light rail transit service;
2254	2254	69.9 (3) special transportation service under section 473.386, whether provided by the
2255	2255	69.10Metropolitan Council Department of Transportation or by other providers under contract
2256	2256	69.11with the council department; or
2257	2257	69.12 (4) commuter rail service.
2258	2258	69.13Sec. 90. Minnesota Statutes 2024, section 609.594, subdivision 1, is amended to read:
2259	2259	69.14 Subdivision 1.Definitions.As used in this section:
2260	2260	69.15 (1) "critical public service facility" includes railroad yards and stations, bus stations,
2261	2261	69.16airports, and other mass transit facilities; oil refineries; storage areas or facilities for hazardous
2262	2262	69.17materials, hazardous substances, or hazardous wastes; and bridges;
2263	2263	69.18 (2) "pipeline" has the meaning given in section 609.6055, subdivision 1; and
2264	2264	69.19 (3) "utility" includes: (i) any organization defined as a utility in section 216C.06,
2265	2265	69.20subdivision 18; (ii) any telecommunications carrier or telephone company regulated under
2266	2266	69.21chapter 237; and (iii) any local utility or enterprise formed for the purpose of providing
2267	2267	69.22electrical or gas heating and power, telephone, water, sewage, wastewater, or other related
2268	2268	69.23utility service, which is owned, controlled, or regulated by a town, a statutory or home rule
2269	2269	69.24charter city, a county, a port development authority, the Metropolitan Council, a district
2270	2270	69.25heating authority, a regional commission or other regional government unit, or a combination
2271	2271	69.26of these governmental units.
2272	2272	69.27Sec. 91. Minnesota Statutes 2024, section 609.6055, subdivision 1, is amended to read:
2273	2273	69.28 Subdivision 1.Definitions.(a) As used in this section, the following terms have the
2274	2274	69.29meanings given.
2275	2275	69.30 (b) "Critical public service facility" includes buildings and other physical structures, and
2276	2276	69.31fenced in or otherwise enclosed property, of railroad yards and stations, bus stations, airports,
2277	2277	69Article 1 Sec. 91.
2278	2278	REVISOR MS/VJ 25-0104601/28/25 70.1and other mass transit facilities; oil refineries; and storage areas or facilities for hazardous
2279	2279	70.2materials, hazardous substances, or hazardous wastes. The term also includes nonpublic
2280	2280	70.3portions of bridges. The term does not include railroad tracks extending beyond a critical
2281	2281	70.4public service facility.
2282	2282	70.5 (c) "Pipeline" includes an aboveground pipeline, a belowground pipeline housed in an
2283	2283	70.6underground structure, and any equipment, facility, or building located in this state that is
2284	2284	70.7used to transport natural or synthetic gas, crude petroleum or petroleum fuels or oil or their
2285	2285	70.8derivatives, or hazardous liquids, to or within a distribution, refining, manufacturing, or
2286	2286	70.9storage facility that is located inside or outside of this state. Pipeline does not include service
2287	2287	70.10lines.
2288	2288	70.11 (d) "Utility" includes:
2289	2289	70.12 (1) any organization defined as a utility in section 216C.06, subdivision 18;
2290	2290	70.13 (2) any telecommunications carrier or telephone company regulated under chapter 237;
2291	2291	70.14and
2292	2292	70.15 (3) any local utility or enterprise formed for the purpose of providing electrical or gas
2293	2293	70.16heating and power, telephone, water, sewage, wastewater, or other related utility service,
2294	2294	70.17which is owned, controlled, or regulated by a town, a statutory or home rule charter city, a
2295	2295	70.18county, a port development authority, the Metropolitan Council, a district heating authority,
2296	2296	70.19a regional commission or other regional government unit, or a combination of these
2297	2297	70.20governmental units.
2298	2298	70.21 The term does not include property located above buried power or telecommunications
2299	2299	70.22lines or property located below suspended power or telecommunications lines, unless the
2300	2300	70.23property is fenced in or otherwise enclosed.
2301	2301	70.24 (e) "Utility line" includes power, telecommunications, and transmissions lines as well
2302	2302	70.25as related equipment owned or controlled by a utility.
2303	2303	70.26Sec. 92. BONDS.
2304	2304	70.27 Bonds and other debt authorized by any sections of statute affected by this article that
2305	2305	70.28are outstanding on the effective date of this article must be paid and retired according to
2306	2306	70.29those sections and the terms of the bonds or other debt instruments. The auditors of the
2307	2307	70.30metropolitan counties shall see to the administration of this section.
2308	2308	70Article 1 Sec. 92.
2309	2309	REVISOR MS/VJ 25-0104601/28/25 71.1 Sec. 93. REPEALER.
2310	2310	71.2 (a) Minnesota Statutes 2024, sections 3.8841; 103B.235, subdivision 3a; 238.43,
2311	2311	71.3subdivision 5; 297A.992, subdivision 12; 462.382; 462C.071, subdivision 4; 473.121,
2312	2312	71.4subdivisions 3 and 8; 473.123, subdivisions 1, 2a, 3, 3a, 3f, 4, and 8; 473.125; 473.127;
2313	2313	71.5473.129; 473.1293; 473.132; 473.165; 473.24; 473.242; 473.245; 473.246; 473.249,
2314	2314	71.6subdivisions 1 and 2; 473.25; 473.251; 473.253; 473.254, subdivisions 1, 2, 3a, 4, 5, 6, 7,
2315	2315	71.78, 9, and 10; 473.255; and 473.915, are repealed.
2316	2316	71.8 (b) Minnesota Rules, parts 5800.0010; 5800.0020; 5800.0030; 5800.0040; 5800.0050;
2317	2317	71.95800.0060; 5800.0070; 5800.0080; 5800.0090; 5800.0100; 5800.0110; 5800.0120;
2318	2318	71.105800.0130; 5800.0140; and 5800.0150, are repealed.
2319	2319	71.11Sec. 94. EFFECTIVE DATE.
2320	2320	71.12 This article is effective July 1, 2025.
2321	2321	71.13 ARTICLE 2
2322	2322	71.14 PUBLIC SAFETY RADIO COMMUNICA TION
2323	2323	71.15Section 1. Minnesota Statutes 2024, section 403.30, subdivision 1, is amended to read:
2324	2324	71.16 Subdivision 1.Standing appropriation; costs covered.The amount necessary to pay
2325	2325	71.17debt service costs and reserves for bonds issued by the Metropolitan Council under section
2326	2326	71.18403.27 before July 1, 2026, or by the commissioner of management and budget under section
2327	2327	71.19403.275 is appropriated from the 911 emergency telecommunications service account
2328	2328	71.20established under section 403.11 to the commissioner of management and budget. The
2329	2329	71.21commissioner of management and budget shall transmit the necessary amounts to the
2330	2330	71.22Metropolitan Council as requested by the council auditors of the metropolitan counties as
2331	2331	71.23requested by the auditors.
2332	2332	71.24 This appropriation shall be used to pay annual debt service costs and reserves for bonds
2333	2333	71.25issued pursuant to section 403.27 or 403.275 prior to use of fee money to pay other costs
2334	2334	71.26or to support other appropriations.
2335	2335	71.27Sec. 2. Minnesota Statutes 2024, section 403.31, subdivision 4, is amended to read:
2336	2336	71.28 Subd. 4.Powers of government units.To accomplish any duty imposed on it by the
2337	2337	71.29council or radio board, the governing body of every local government in the metropolitan
2338	2338	71.30area may exercise the powers granted any municipality by chapters 117, 412, 429, and 475
2339	2339	71.31and by sections 115.46, 444.075, and 471.59.
2340	2340	71Article 2 Sec. 2.
2341	2341	REVISOR MS/VJ 25-0104601/28/25 72.1 Sec. 3. Minnesota Statutes 2024, section 403.31, subdivision 5, is amended to read:
2342	2342	72.2 Subd. 5.Deficiency tax levies.If the governing body of any local government using the
2343	2343	72.3first or second phase system fails to meet any payment to the board under subdivision 1
2344	2344	72.4when due, the Metropolitan Council local government governing body may certify to the
2345	2345	72.5auditor of the county in which the government unit is located the amount required for
2346	2346	72.6payment of the amount due with interest at six percent per year. The auditor shall levy and
2347	2347	72.7extend the amount due, with interest, as a tax upon all taxable property in the government
2348	2348	72.8unit for the next calendar year, free from any existing limitations imposed by law or charter.
2349	2349	72.9This tax shall be collected in the same manner as the general taxes of the government unit,
2350	2350	72.10and the proceeds of the tax, when collected, shall be paid by the county treasurer to the
2351	2351	72.11board and credited to the government unit for which the tax was levied.
2352	2352	72.12Sec. 4. Minnesota Statutes 2024, section 403.36, subdivision 1, is amended to read:
2353	2353	72.13 Subdivision 1.Membership.(a) The commissioner of public safety shall convene and
2354	2354	72.14chair the Statewide Radio Board to develop a project plan for a statewide, shared, trunked
2355	2355	72.15public safety radio communication system. The system may be referred to as "Allied Radio
2356	2356	72.16Matrix for Emergency Response," or "ARMER."
2357	2357	72.17 (b) The board consists of the following members or their designees:
2358	2358	72.18 (1) the commissioner of public safety;
2359	2359	72.19 (2) the commissioner of transportation;
2360	2360	72.20 (3) the state chief information officer;
2361	2361	72.21 (4) the commissioner of natural resources;
2362	2362	72.22 (5) the chief of the Minnesota State Patrol;
2363	2363	72.23 (6) the chair of the Metropolitan Council;
2364	2364	72.24 (7) (6) two elected city officials, one from the ten-county metropolitan area and one
2365	2365	72.25from Greater Minnesota, appointed by the governing body of the League of Minnesota
2366	2366	72.26Cities;
2367	2367	72.27 (8) (7) two elected county officials, one from the ten-county metropolitan area and one
2368	2368	72.28from Greater Minnesota, appointed by the governing body of the Association of Minnesota
2369	2369	72.29Counties;
2370	2370	72.30 (9) (8) two sheriffs, one from the ten-county metropolitan area and one from Greater
2371	2371	72.31Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;
2372	2372	72Article 2 Sec. 4.
2373	2373	REVISOR MS/VJ 25-0104601/28/25 73.1 (10) (9) two chiefs of police, one from the ten-county metropolitan area and one from
2374	2374	73.2Greater Minnesota, appointed by the governor after considering recommendations made by
2375	2375	73.3the Minnesota Chiefs' of Police Association;
2376	2376	73.4 (11) (10) two fire chiefs, one from the ten-county metropolitan area and one from Greater
2377	2377	73.5Minnesota, appointed by the governor after considering recommendations made by the
2378	2378	73.6Minnesota Fire Chiefs' Association;
2379	2379	73.7 (12) (11) two representatives of emergency medical service providers, one from the
2380	2380	73.8ten-county metropolitan area and one from Greater Minnesota, appointed by the governor
2381	2381	73.9after considering recommendations made by the Minnesota Ambulance Association;
2382	2382	73.10 (13) (12) the chair of the Metropolitan Emergency Services Board; and
2383	2383	73.11 (14) (13) a representative of Greater Minnesota elected by those units of government in
2384	2384	73.12phase three and any subsequent phase of development as defined in the statewide, shared
2385	2385	73.13radio and communication plan, who have submitted a plan to the Statewide Radio Board
2386	2386	73.14and where development has been initiated.
2387	2387	73.15 (c) The Statewide Radio Board shall coordinate the appointment of board members
2388	2388	73.16representing Greater Minnesota with the appointing authorities and may designate the
2389	2389	73.17geographic region or regions from which an appointed board member is selected where
2390	2390	73.18necessary to provide representation from throughout the state.
2391	2391	73.19Sec. 5. BONDS AND CERTIFICATES.
2392	2392	73.20 Debt obligations authorized and issued under Minnesota Statutes, section 403.27, before
2393	2393	73.21the effective date of this article must be paid for and retired according to that section and
2394	2394	73.22the terms of those obligations and their bond indentures and trust agreements. The
2395	2395	73.23metropolitan county auditors must administer this section.
2396	2396	73.24Sec. 6. REPEALER.
2397	2397	73.25 Minnesota Statutes 2024, sections 403.27; 403.29, subdivision 4; and 403.32, are repealed.
2398	2398	73.26Sec. 7. EFFECTIVE DATE.
2399	2399	73.27 This article is effective July 1, 2025.
2400	2400	73Article 2 Sec. 7.
2401	2401	REVISOR MS/VJ 25-0104601/28/25 74.1 ARTICLE 3
2402	2402	74.2 FISCAL DISPARITIES
2403	2403	74.3 Section 1. Minnesota Statutes 2024, section 473F.02, subdivision 7, is amended to read:
2404	2404	74.4 Subd. 7.Population."Population" means the most recent estimate of the population of
2405	2405	74.5a municipality made by the Metropolitan Council under section 473.24 state demographer
2406	2406	74.6and filed with the commissioner of revenue as of July 15 of the year in which a municipality's
2407	2407	74.7distribution net tax capacity is calculated.
2408	2408	74.8 Sec. 2. Minnesota Statutes 2024, section 473F.02, subdivision 8, is amended to read:
2409	2409	74.9 Subd. 8.Municipality."Municipality" means a city, town, or township located in whole
2410	2410	74.10or part within the area as defined in subdivision 2. If a municipality is located partly within
2411	2411	74.11and partly without the area, the references in sections 473F.01 to 473F.13 to property or
2412	2412	74.12any portion thereof subject to taxation or taxing jurisdiction within the municipality are to
2413	2413	74.13such property or portion thereof as is located in that portion of the municipality within the
2414	2414	74.14area, except that the fiscal capacity of such a municipality shall be computed upon the basis
2415	2415	74.15of the valuation and population of the entire municipality.
2416	2416	74.16 A municipality shall be excluded from the area if its municipal comprehensive zoning
2417	2417	74.17and planning policies conscientiously exclude most commercial-industrial development,
2418	2418	74.18for reasons other than preserving an agricultural use. The Metropolitan Council and the
2419	2419	74.19commissioner of administration and the commissioner of revenue shall jointly make this
2420	2420	74.20determination annually and shall notify those municipalities that are ineligible to participate
2421	2421	74.21in the tax base sharing program provided in this chapter for the following year.
2422	2422	74.22Sec. 3. Minnesota Statutes 2024, section 473F.08, subdivision 3, is amended to read:
2423	2423	74.23 Subd. 3.Apportionment of levy.The county auditor shall apportion the levy of each
2424	2424	74.24governmental unit in the auditor's county in the manner prescribed by this subdivision. The
2425	2425	74.25auditor shall:
2426	2426	74.26 (a) by August 20, determine the areawide portion of the levy for each governmental unit
2427	2427	74.27by multiplying the local tax rate of the governmental unit for the preceding levy year times
2428	2428	74.28the distribution value set forth in subdivision 2, clause (b);
2429	2429	74.29 (b) by September 5, determine the local portion of the current year's levy by subtracting
2430	2430	74.30the resulting amount from clause (a) from the governmental unit's current year's levy; and
2431	2431	74.31 (c) for determinations made under clause (a) in the case of school districts, for taxes
2432	2432	74.32payable in 2002, exclude the general education tax rate and the portion of the referendum
2433	2433	74Article 3 Sec. 3.
2434	2434	REVISOR MS/VJ 25-0104601/28/25 75.1tax rate attributable to the first $415 per pupil unit from the local tax rate for the preceding
2435	2435	75.2levy year;.
2436	2436	75.3 (d) for determinations made under clause (a) in the case of the Metropolitan Council,
2437	2437	75.4for taxes payable in 2002, exclude the transit operating tax rate from the local tax rate for
2438	2438	75.5the preceding levy year; and
2439	2439	75.6 (e) for determinations made under clause (a) in the case of transit opt-out cities, for taxes
2440	2440	75.7payable in 2002, exclude the opt-out transit rate from the local tax rate for the preceding
2441	2441	75.8levy year.
2442	2442	75.9 Sec. 4. Minnesota Statutes 2024, section 473F.08, subdivision 5, is amended to read:
2443	2443	75.10 Subd. 5.Areawide tax rate.On or before August 25 of each year, the county auditor
2444	2444	75.11shall certify to the administrative auditor that portion of the levy of each governmental unit
2445	2445	75.12determined under subdivisions 3, clause (a), and 3a, and 3b. The administrative auditor shall
2446	2446	75.13then determine the areawide tax rate sufficient to yield an amount equal to the sum of such
2447	2447	75.14levies from the areawide net tax capacity. On or before September 1 of each year, the
2448	2448	75.15administrative auditor shall certify the areawide tax rate to each of the county auditors.
2449	2449	75.16Sec. 5. Minnesota Statutes 2024, section 473F.08, subdivision 7a, is amended to read:
2450	2450	75.17 Subd. 7a.Certification of values; payment.The administrative auditor shall determine
2451	2451	75.18for each county the difference between the total levy on distribution value pursuant to
2452	2452	75.19subdivisions 3, clause (a), and 3a, and 3b, within the county and the total tax on contribution
2453	2453	75.20value pursuant to subdivision 6, within the county. On or before May 16 of each year, the
2454	2454	75.21administrative auditor shall certify the differences so determined to each county auditor. In
2455	2455	75.22addition, the administrative auditor shall certify to those county auditors for whose county
2456	2456	75.23the total tax on contribution value exceeds the total levy on distribution value the settlement
2457	2457	75.24the county is to make to the other counties of the excess of the total tax on contribution
2458	2458	75.25value over the total levy on distribution value in the county. On or before June 15 and
2459	2459	75.26November 15 of each year, each county treasurer in a county having a total tax on
2460	2460	75.27contribution value in excess of the total levy on distribution value shall pay one-half of the
2461	2461	75.28excess to the other counties in accordance with the administrative auditor's certification.
2462	2462	75.29Sec. 6. Minnesota Statutes 2024, section 473F.13, subdivision 1, is amended to read:
2463	2463	75.30 Subdivision 1.Certification of change in status.If a municipality is dissolved, is
2464	2464	75.31consolidated with all or part of another municipality, annexes territory, has a portion of its
2465	2465	75.32territory detached from it, or is newly incorporated, the secretary of state shall immediately
2466	2466	75Article 3 Sec. 6.
2467	2467	REVISOR MS/VJ 25-0104601/28/25 76.1certify that fact to the commissioner of revenue. The secretary of state shall also certify to
2468	2468	76.2the commissioner of revenue the current population of the new, enlarged, or successor
2469	2469	76.3municipality, if determined by the chief administrative law judge of the state Office of
2470	2470	76.4Administrative Hearings incident to consolidation, annexation, or incorporation proceedings.
2471	2471	76.5The population so certified shall govern for purposes of sections 473F.01 to 473F.13 until
2472	2472	76.6the Metropolitan Council state demographer files its first population estimate as of a later
2473	2473	76.7date with the commissioner of revenue. If an annexation of unincorporated land occurs
2474	2474	76.8without proceedings before the chief administrative law judge, the population of the annexing
2475	2475	76.9municipality as previously determined shall continue to govern for purposes of sections
2476	2476	76.10473F.01 to 473F.13 until the Metropolitan Council state demographer files its first population
2477	2477	76.11estimate as of a later date with the commissioner of revenue.
2478	2478	76.12Sec. 7. REPEALER.
2479	2479	76.13 Minnesota Statutes 2024, sections 473F.02, subdivision 21; and 473F.08, subdivision
2480	2480	76.143b, are repealed.
2481	2481	76.15Sec. 8. EFFECTIVE DATE.
2482	2482	76.16 This article is effective July 1, 2026.
2483	2483	76.17 ARTICLE 4
2484	2484	76.18 METROPOLITAN LAND USE PLANNING
2485	2485	76.19Section 1. REPEALER.
2486	2486	76.20 Minnesota Statutes 2024, sections 473.175; 473.181, subdivisions 2 and 5; 473.191;
2487	2487	76.21473.206; 473.208; 473.851; 473.852, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10; 473.853;
2488	2488	76.22473.854; 473.856; 473.857; 473.858; 473.859; 473.86; 473.861; 473.862; 473.864; 473.865;
2489	2489	76.23473.866; 473.867, subdivisions 1, 2, 3, 5, and 6; 473.869; 473.87; and 473.871, are repealed.
2490	2490	76.24Sec. 2. EFFECTIVE DATE.
2491	2491	76.25 This article is effective July 1, 2026.
2492	2492	76Article 4 Sec. 2.
2493	2493	REVISOR MS/VJ 25-0104601/28/25 77.1 ARTICLE 5
2494	2494	77.2 METROPOLITAN AIRPORTS COMMISSION
2495	2495	77.3 Section 1. Minnesota Statutes 2024, section 473.192, subdivision 2, is amended to read:
2496	2496	77.4 Subd. 2.Definitions.For purposes of this section, "metropolitan area" has the meaning
2497	2497	77.5given it in section 473.121, subdivision 2. "Transportation policy plan" means the plan
2498	2498	77.6adopted by the Metropolitan Council commissioner of administration pursuant to section
2499	2499	77.7473.145. "Municipality" has the meaning provided by section 462.352, subdivision 2.
2500	2500	77.8 Sec. 2. Minnesota Statutes 2024, section 473.192, subdivision 3, is amended to read:
2501	2501	77.9 Subd. 3.Ordinance.A municipality in the metropolitan area that, in part or in whole,
2502	2502	77.10is within the aircraft noise zones designated in the transportation policy plan may adopt and
2503	2503	77.11enforce ordinances and controls to regulate building construction methods and materials
2504	2504	77.12for the purpose of attenuating aircraft noise in habitable buildings in and around the noise
2505	2505	77.13zone. The ordinance or control shall not apply to remodeling or rehabilitating an existing
2506	2506	77.14residential building nor to the construction of an appurtenance to an existing residential
2507	2507	77.15building. An ordinance adopted by a municipality must be adequate to implement the
2508	2508	77.16Metropolitan Council's commissioner of administration's guidelines for land use compatibility
2509	2509	77.17with aircraft noise. Section 326B.121 does not apply to ordinances adopted under this
2510	2510	77.18section.
2511	2511	77.19Sec. 3. Minnesota Statutes 2024, section 473.602, is amended to read:
2512	2512	77.20 473.602 DECLARATION OF PURPOSES.
2513	2513	77.21 It is the purpose of sections 473.601 to 473.679 to:
2514	2514	77.22 (1) promote the public welfare and national security; serve public interest, convenience,
2515	2515	77.23and necessity; promote air navigation and transportation, international, national, state, and
2516	2516	77.24local, in and through this state; promote the efficient, safe, and economical handling of air
2517	2517	77.25commerce; assure the inclusion of this state in national and international programs of air
2518	2518	77.26transportation; and to those ends to develop the full potentialities of the metropolitan area
2519	2519	77.27in this state as an aviation center, and to correlate that area with all aviation facilities in the
2520	2520	77.28entire state so as to provide for the most economical and effective use of aeronautic facilities
2521	2521	77.29and services in that area;
2522	2522	77.30 (2) assure the residents of the metropolitan area of the minimum environmental impact
2523	2523	77.31from air navigation and transportation, and to that end provide for noise abatement, control
2524	2524	77.32of airport area land use, and other protective measures; and
2525	2525	77Article 5 Sec. 3.
2526	2526	REVISOR MS/VJ 25-0104601/28/25 78.1 (3) promote the overall goals of the state's environmental policies and minimize the
2527	2527	78.2public's exposure to noise and safety hazards around airports.
2528	2528	78.3 To achieve these purposes, the corporation shall cooperate with and assist the
2529	2529	78.4Metropolitan Council commissioner of administration, the federal government, the
2530	2530	78.5commissioner of transportation of this state, the Pollution Control Agency, and others
2531	2531	78.6engaged in aeronautics or the promotion and regulation of aeronautics and shall seek to
2532	2532	78.7coordinate its activities with the aeronautical activities of these bodies.
2533	2533	78.8 Sec. 4. Minnesota Statutes 2024, section 473.604, subdivision 1, is amended to read:
2534	2534	78.9 Subdivision 1.Composition.The commission consists of:
2535	2535	78.10 (1) the mayor of each of the cities, or a qualified voter appointed by the mayor, for the
2536	2536	78.11term of office as mayor;
2537	2537	78.12 (2) eight members, appointed by the governor, one from each of the following agency
2538	2538	78.13districts, based on the Metropolitan Council plan MC2023-2, on file with the Geographical
2539	2539	78.14Information Systems Office of the Legislative Coordinating Commission and published on
2540	2540	78.15its website on March 21, 2023:
2541	2541	78.16 (i) district A, consisting of council districts 1 and 2;
2542	2542	78.17 (ii) district B, consisting of council districts 3 and 4;
2543	2543	78.18 (iii) district C, consisting of council districts 5 and 6;
2544	2544	78.19 (iv) district D, consisting of council districts 7 and 8;
2545	2545	78.20 (v) district E, consisting of council districts 9 and 10;
2546	2546	78.21 (vi) district F, consisting of council districts 11 and 12;
2547	2547	78.22 (vii) district G, consisting of council districts 13 and 14; and
2548	2548	78.23 (viii) district H, consisting of council districts 15 and 16.
2549	2549	78.24Each member shall be a resident of the district represented. For appointments after June 2,
2550	2550	78.252006, a member must have resided in the district for at least six months and in the state for
2551	2551	78.26at least one year immediately preceding the appointment. The terms of the members from
2552	2552	78.27districts A, B, F, and H expire on January 1, 2007. The terms of the members from districts
2553	2553	78.28C, D, E, and G expire on January 5, 2009. The successors of each member must be appointed
2554	2554	78.29to four-year terms. Before making an appointment, the governor shall consult with each
2555	2555	78.30member of the legislature from the district for which the member is to be appointed, to
2556	2556	78.31solicit the legislator's recommendation on the appointment;
2557	2557	78Article 5 Sec. 4.
2558	2558	REVISOR MS/VJ 25-0104601/28/25 79.1 (3) four members appointed by the governor from outside of the metropolitan area to
2559	2559	79.2reflect fairly the various regions and interests throughout the state that are affected by the
2560	2560	79.3operation of the commission's major airport and airport system. Two of these members must
2561	2561	79.4be residents of statutory or home rule charter cities, towns, or counties containing an airport
2562	2562	79.5designated by the commissioner of transportation as a key airport. The other two must be
2563	2563	79.6residents of statutory or home rule charter cities, towns, or counties containing an airport
2564	2564	79.7designated by the commissioner of transportation as an intermediate airport. The members
2565	2565	79.8must be appointed by the governor as follows: one for a term of one year, one for a term of
2566	2566	79.9two years, one for a term of three years, and one for a term of four years. All of the terms
2567	2567	79.10start on July 1, 1989. The successors of each member must be appointed to four-year terms
2568	2568	79.11commencing on the first Monday in January of each fourth year after the expiration of the
2569	2569	79.12original term. Before making an appointment, the governor shall consult each member of
2570	2570	79.13the legislature representing the municipality or county from which the member is to be
2571	2571	79.14appointed, to solicit the legislator's recommendation on the appointment; and
2572	2572	79.15 (4) a chair appointed by the governor for a term of four years. The chair may be removed
2573	2573	79.16at the pleasure of the governor.
2574	2574	79.17Sec. 5. Minnesota Statutes 2024, section 473.604, is amended by adding a subdivision to
2575	2575	79.18read:
2576	2576	79.19 Subd. 1a.Redistricting.The legislature must redraw the boundaries of the districts after
2577	2577	79.20each decennial federal census so that each district has substantially equal population.
2578	2578	79.21Redistricting is effective in the year ending in the numeral "3." Within 60 days after a
2579	2579	79.22redistricting plan takes effect, the governor must appoint members from the newly drawn
2580	2580	79.23districts to serve terms as provided under subdivision 2.
2581	2581	79.24Sec. 6. Minnesota Statutes 2024, section 473.608, subdivision 19, is amended to read:
2582	2582	79.25 Subd. 19.Acoustical barriers.The corporation shall construct an acoustical barrier in
2583	2583	79.26or along the perimeter of maintenance areas of the Minneapolis-St. Paul International Airport.
2584	2584	79.27It also shall construct acoustical barriers along the perimeter of runways of such airport
2585	2585	79.28where it is reasonably necessary, practical and safe to do so according to the standards of
2586	2586	79.29the Federal Aviation Administration. All barriers shall conform to specifications approved
2587	2587	79.30by the Pollution Control Agency. For purposes of this subdivision, an acoustical barrier is
2588	2588	79.31a wall, fence, natural barrier such as an earthen barrier or trees designed to abate noise. The
2589	2589	79.32corporation shall also confer and cooperate with any entity which it creates for the purpose
2590	2590	79.33of studying and implementing sound abatement programs and with representatives of persons
2591	2591	79Article 5 Sec. 6.
2592	2592	REVISOR MS/VJ 25-0104601/28/25 80.1residing in the vicinity of any airport who desire to explore means for relieving the area of
2593	2593	80.2the detrimental effects of aircraft noise.
2594	2594	80.3 Notwithstanding the provisions of any other law none of the construction authorized by
2595	2595	80.4this subdivision shall be subject to review or approval by the Metropolitan Council
2596	2596	80.5commissioner of administration.
2597	2597	80.6 Sec. 7. Minnesota Statutes 2024, section 473.611, subdivision 5, is amended to read:
2598	2598	80.7 Subd. 5.New or existing airports.Any long-term comprehensive plans adopted by the
2599	2599	80.8commission for the betterment and enlargement of existing airports, for the acquisition and
2600	2600	80.9construction of new airports, and for the categories of use of airports owned or controlled
2601	2601	80.10by the commission shall be consistent with the development guide of the Metropolitan
2602	2602	80.11Council commissioner of administration.
2603	2603	80.12Sec. 8. Minnesota Statutes 2024, section 473.638, is amended to read:
2604	2604	80.13 473.638 CONTROL MEASURE INVOLVING TAKING.
2605	2605	80.14 Subd. 2.Retention or sale of property.The commission may retain any property now
2606	2606	80.15owned by it or acquired under subdivision 1 and use it for a lawful purpose, or it may provide
2607	2607	80.16for the sale or other disposition of the property in accordance with a redevelopment plan in
2608	2608	80.17the same manner and upon the same terms as the housing and redevelopment authority and
2609	2609	80.18governing body of a municipality under the provisions of section 469.029, all subject to
2610	2610	80.19existing land use and development control measures approved by the council commissioner
2611	2611	80.20of administration.
2612	2612	80.21 Subd. 3.Sharing of costs.The Metropolitan Airports Commission and any other
2613	2613	80.22government unit in the metropolitan area may enter into an agreement under which the cost
2614	2614	80.23of acquiring a property and the proceeds from the sale or other disposition of it under
2615	2615	80.24subdivision 2 are to be shared by the commission and such government unit. The commission,
2616	2616	80.25the Metropolitan Council, or any government unit may also enter into any agreements with
2617	2617	80.26the United States or the state of Minnesota, or any agency or subdivision of either, and do
2618	2618	80.27all acts and things required by state or federal law or rules as a condition or consideration
2619	2619	80.28for the loan or grant of funds or property for the purpose of land acquisition or improvement
2620	2620	80.29under subdivisions 1 and subdivision 2.
2621	2621	80Article 5 Sec. 8.
2622	2622	REVISOR MS/VJ 25-0104601/28/25 81.1 Sec. 9. Minnesota Statutes 2024, section 473.64, is amended to read:
2623	2623	81.2 473.64 GOVERNMENTS IN AIRPORT DEVELOPMENT AREA; TAX SHARING.
2624	2624	81.3 The governing bodies of government units located wholly or partly in an airport
2625	2625	81.4development area shall jointly study and decide upon a plan for the sharing of property tax
2626	2626	81.5revenues derived from property located in an airport development area. If 80 percent of the
2627	2627	81.6government units having territory within the airport development area agree upon a plan,
2628	2628	81.7the plan is effective, and all government units shall enter into whatever agreements may be
2629	2629	81.8necessary for this purpose. The plan, however, may not impair the existing contract
2630	2630	81.9obligations of any government unit. This section does not apply to the Metropolitan Airports
2631	2631	81.10Commission or the council.
2632	2632	81.11Sec. 10. Minnesota Statutes 2024, section 473.655, is amended to read:
2633	2633	81.12 473.655 PUBLIC AND GOVERNMENT AL PURPOSES.
2634	2634	81.13 It is hereby determined and declared that the purposes of sections 473.601 to 473.679
2635	2635	81.14are public and governmental; that the development of the metropolitan airports system by
2636	2636	81.15the corporation be consistent with the transportation chapter of the Metropolitan Council's
2637	2637	81.16Development Guide and promote the public safety and welfare of the state; and that the
2638	2638	81.17development, extension, maintenance, and operation of the system in such a manner as to
2639	2639	81.18assure the residents of the metropolitan area of the minimum environmental impact from
2640	2640	81.19air navigation and transportation, with provision for noise abatement, control of airport area
2641	2641	81.20land use, and other protective measures, is essential to the development of air navigation
2642	2642	81.21and transportation in and through this state, and is necessary in order to assure the inclusion
2643	2643	81.22of this state in national and international systems of air transportation, benefits the people
2644	2644	81.23of the state as a whole, renders a general public service, and provides employment, and is
2645	2645	81.24of great public economic benefit.
2646	2646	81.25Sec. 11. Minnesota Statutes 2024, section 473.661, subdivision 4, is amended to read:
2647	2647	81.26 Subd. 4.Noise mitigation.(a) According to the schedule in paragraph (b), commission
2648	2648	81.27funds must be dedicated (1) to supplement the implementation of corrective land use
2649	2649	81.28management measures approved by the Federal Aviation Administration as part of the
2650	2650	81.29commission's Federal Aviation Regulations, part 150 noise compatibility program, and (2)
2651	2651	81.30for soundproofing and accompanying air conditioning of residences, schools, and other
2652	2652	81.31public buildings when there is a demonstrated need because of aircraft noise, regardless of
2653	2653	81.32the location of the building to be soundproofed.
2654	2654	81Article 5 Sec. 11.
2655	2655	REVISOR MS/VJ 25-0104601/28/25 82.1 (b) The noise mitigation program described in paragraph (a) shall be funded by the
2656	2656	82.2commission from whatever source of funds according to the following schedule:
2657	2657	82.3 In 1993, an amount equal to 20 percent of the passenger facilities charges revenue amount
2658	2658	82.4budgeted by the commission for 1993;
2659	2659	82.5 In 1994, an amount equal to 20 percent of the passenger facilities charges revenue amount
2660	2660	82.6budgeted by the commission for 1994;
2661	2661	82.7 In 1995, an amount equal to 35 percent of the passenger facilities charges revenue amount
2662	2662	82.8budgeted by the commission for 1995; and
2663	2663	82.9 In 1996 and 1997, an amount equal to 40 percent of the passenger facilities charges
2664	2664	82.10revenue amount budgeted by the commission for 1996.
2665	2665	82.11 (c) From 1996 to 2002, the commission shall spend no less than $185,000,000 from any
2666	2666	82.12source of funds for insulation and accompanying air conditioning of residences, schools,
2667	2667	82.13and other publicly owned buildings where there is a demonstrated need because of aircraft
2668	2668	82.14noise; and property acquisition, limited to residences, schools, and other publicly owned
2669	2669	82.15buildings, within the noise impacted area. In addition, the corporation shall insulate and air
2670	2670	82.16condition four schools in Minneapolis and two schools in Richfield that are located in the
2671	2671	82.171996 60 Ldn contour.
2672	2672	82.18 (d) Before the commission constructs a new runway at Minneapolis-St. Paul International
2673	2673	82.19Airport, the commission shall determine the probable levels of noise that will result in
2674	2674	82.20various parts of the metropolitan area from the operation of aircraft on the new runway and
2675	2675	82.21shall develop a program to mitigate noise in those parts of the metropolitan area that are
2676	2676	82.22located outside the 1996 65 Ldn contour but will be located within the 65 Ldn contour as
2677	2677	82.23established after the new runway is in operation. Based upon this determination, the
2678	2678	82.24commission shall reserve in its annual budget, until noise mitigation measures are completed,
2679	2679	82.25an amount of money necessary to implement this noise mitigation program in the newly
2680	2680	82.26impacted areas.
2681	2681	82.27 (e) The commission's capital improvement projects, program, and plan must reflect the
2682	2682	82.28requirements of this section. As part of the commission's report to the legislature under
2683	2683	82.29section 473.621, subdivision 1a, the commission must provide a description and the status
2684	2684	82.30of each noise mitigation project implemented under this section.
2685	2685	82.31 (f) Within 180 days of submitting the commission's and the Metropolitan Council's
2686	2686	82.32report and recommendations on major airport planning to the legislature as required by
2687	2687	82.33Minnesota Statutes 2012, section 473.618, the commission, with the assistance of its sound
2688	2688	82Article 5 Sec. 11.
2689	2689	REVISOR MS/VJ 25-0104601/28/25 83.1abatement advisory committee, shall make a recommendation to the state Advisory Council
2690	2690	83.2on Metropolitan Airport Planning regarding proposed mitigation activities and appropriate
2691	2691	83.3funding levels for mitigation activities at Minneapolis-St. Paul International Airport and in
2692	2692	83.4the neighboring communities. The recommendation shall examine mitigation measures to
2693	2693	83.5the 60 Ldn level. The state Advisory Council on Metropolitan Airport Planning shall review
2694	2694	83.6the recommendation and comment to the legislature within 60 days after the recommendation
2695	2695	83.7is submitted to the council.
2696	2696	83.8 Sec. 12. Minnesota Statutes 2024, section 473.667, subdivision 8, is amended to read:
2697	2697	83.9 Subd. 8.Refunding deficiencies.If in any year the revenues available for transfer to
2698	2698	83.10the debt service fund are or will in the judgment of the commission be insufficient to produce
2699	2699	83.11the balance required thereon on October 10 under the provisions of subdivision 4, or to
2700	2700	83.12make any interest or principal payment due on certificates of indebtedness issued under the
2701	2701	83.13provisions of subdivision 10, the commission may, with the approval of the council, issue
2702	2702	83.14refunding bonds and appropriate the proceeds to the debt service fund in the amount needed
2703	2703	83.15to restore the deficiency, provided that the refunding bonds shall not mature earlier than the
2704	2704	83.16date or dates when the commission estimates that the revenues from enforced or increased
2705	2705	83.17rates, fees, charges, and rentals will be sufficient to pay them and to meet all other
2706	2706	83.18requirements of the debt service fund as stated in subdivision 4.
2707	2707	83.19Sec. 13. REPEALER.
2708	2708	83.20 Minnesota Statutes 2024, section 473.621, subdivision 6, is repealed.
2709	2709	83.21Sec. 14. EFFECTIVE DATE.
2710	2710	83.22 This article is effective July 1, 2026.
2711	2711	83.23 ARTICLE 6
2712	2712	83.24 METROPOLITAN AGRICULTURAL PRESERVES
2713	2713	83.25Section 1. Minnesota Statutes 2024, section 473H.04, subdivision 3, is amended to read:
2714	2714	83.26 Subd. 3.Maps to Met Council Minnesota planning.The authority shall provide the
2715	2715	83.27Metropolitan Council commissioner of administration with suitable maps showing any lands
2716	2716	83.28certified eligible pursuant to subdivision 1 or decertified pursuant to subdivision 2. The
2717	2717	83.29Metropolitan Council commissioner of administration shall maintain maps of the metropolitan
2718	2718	83.30area showing all certified long-term agricultural lands.
2719	2719	83Article 6 Section 1.
2720	2720	REVISOR MS/VJ 25-0104601/28/25 84.1 Sec. 2. Minnesota Statutes 2024, section 473H.06, subdivision 1, is amended to read:
2721	2721	84.2 Subdivision 1.Application.Upon receipt of an application, the authority shall determine
2722	2722	84.3if all material required in section 473H.05 has been submitted and, if so, shall determine
2723	2723	84.4that the application is complete. When used in this chapter, the term "date of application"
2724	2724	84.5means the date the application is determined complete by the authority. Within five days
2725	2725	84.6of the date of application, the authority shall forward the completed and signed application
2726	2726	84.7to the county recorder, and copies to the county auditor, the county assessor, the Metropolitan
2727	2727	84.8Council commissioner of administration, and the county soil and water conservation district.
2728	2728	84.9 Sec. 3. Minnesota Statutes 2024, section 473H.06, subdivision 5, is amended to read:
2729	2729	84.10 Subd. 5.Maps; reports.The Metropolitan Council commissioner of administration
2730	2730	84.11shall maintain agricultural preserve maps, illustrating (a) certified long-term agricultural
2731	2731	84.12lands; and (b) lands covenanted as agricultural preserves. The council commissioner of
2732	2732	84.13administration shall make yearly reports to the Department of Agriculture and such other
2733	2733	84.14agencies as the council commissioner of administration deems appropriate.
2734	2734	84.15Sec. 4. Minnesota Statutes 2024, section 473H.08, subdivision 4, is amended to read:
2735	2735	84.16 Subd. 4.Notice to others.Upon receipt of the notice provided in subdivision 2 or 3a,
2736	2736	84.17or upon notice served by the authority as provided in subdivision 3, the authority shall
2737	2737	84.18forward the original notice to the county recorder for recording, or to the registrar of titles
2738	2738	84.19if the land is registered, and shall notify the county auditor, the county assessor, the
2739	2739	84.20Metropolitan Council commissioner of administration, and the county soil and water
2740	2740	84.21conservation district of the date of expiration. Designation as an agricultural preserve and
2741	2741	84.22all benefits and limitations accruing through sections 473H.02 to 473H.17 for the preserve
2742	2742	84.23shall cease on the date of expiration. The restrictive covenant contained in the application
2743	2743	84.24shall terminate on the date of expiration.
2744	2744	84.25Sec. 5. REPEALER.
2745	2745	84.26 Minnesota Statutes 2024, section 473H.02, subdivisions 7 and 8, are repealed.
2746	2746	84.27Sec. 6. EFFECTIVE DATE.
2747	2747	84.28 This article is effective July 1, 2026.
2748	2748	84Article 6 Sec. 6.
2749	2749	REVISOR MS/VJ 25-0104601/28/25 85.1 ARTICLE 7
2750	2750	85.2 PARKS AND OPEN SPACE
2751	2751	85.3 Section 1. Minnesota Statutes 2024, section 116P.17, subdivision 1, is amended to read:
2752	2752	85.4 Subdivision 1.Commissioner approval.(a) A recipient of an appropriation from the
2753	2753	85.5trust fund who acquires an interest in real property must receive written approval from the
2754	2754	85.6commissioner of natural resources prior to the acquisition, if the interest is acquired in whole
2755	2755	85.7or in part with the appropriation. A recipient must request the commissioner's approval at
2756	2756	85.8least ten business days before the proposed acquisition. When a recipient requests approval
2757	2757	85.9under this subdivision, the recipient must simultaneously submit the same information to
2758	2758	85.10the commission. Conservation easements to be held by the Board of Water and Soil
2759	2759	85.11Resources, acquisitions of land in the metropolitan regional recreation open space systems
2760	2760	85.12as defined under section 473.351, subdivision 1, with appropriations to the Metropolitan
2761	2761	85.13Council Parks and Open Space Commission, and acquisitions specifically identified in
2762	2762	85.14appropriation laws are not subject to commissioner approval under this section.
2763	2763	85.15 (b) The commissioner shall approve acquisitions under this section only when the interest
2764	2764	85.16in real property:
2765	2765	85.17 (1) is identified as a high priority by the commissioner and meets the objectives and
2766	2766	85.18criteria identified in the applicable acquisition plan for the intended management status of
2767	2767	85.19the property; or
2768	2768	85.20 (2) is otherwise identified by the commissioner as a priority for state financing.
2769	2769	85.21Sec. 2. Minnesota Statutes 2024, section 473.121, subdivision 14, is amended to read:
2770	2770	85.22 Subd. 14.Regional recreation open space."Regional recreation open space" means
2771	2771	85.23land and water areas, or interests therein, and facilities determined by the Metropolitan
2772	2772	85.24Council commissioner of administration to be of regional importance in providing for a
2773	2773	85.25balanced system of public outdoor recreation for the metropolitan area, including but not
2774	2774	85.26limited to park reserves, major linear parks and trails, large recreation parks, and
2775	2775	85.27conservatories, zoos, and other special use facilities.
2776	2776	85.28Sec. 3. Minnesota Statutes 2024, section 473.147, is amended to read:
2777	2777	85.29 473.147 REGIONAL RECREATION OPEN SPACE SYSTEM POLICY PLAN.
2778	2778	85.30 Subdivision 1.Requirements.The Metropolitan Council commissioner of administration,
2779	2779	85.31after consultation with the Parks and Open Space Commission, municipalities, park districts,
2780	2780	85.32and counties in the metropolitan area, and after appropriate public hearings, shall prepare
2781	2781	85Article 7 Sec. 3.
2782	2782	REVISOR MS/VJ 25-0104601/28/25 86.1and adopt a long-range system policy plan for regional recreation open space as part of the
2783	2783	86.2council's Metropolitan Development Guide. The plan shall substantially conform to all
2784	2784	86.3policy statements, purposes, goals, standards, and maps in development guide sections and
2785	2785	86.4comprehensive plans as developed and adopted by the council pursuant to the chapters of
2786	2786	86.5the Minnesota Statutes directly relating to the council commissioner of administration. The
2787	2787	86.6policy plan shall identify generally the areas which should be acquired by a public agency
2788	2788	86.7to provide a system of regional recreation open space comprising park district, county and
2789	2789	86.8municipal facilities which, together with state facilities, reasonably will meet the outdoor
2790	2790	86.9recreation needs of the people of the metropolitan area and shall establish priorities for
2791	2791	86.10acquisition and development. The policy plan shall estimate the cost of the recommended
2792	2792	86.11acquisitions and development, including an analysis of what portion of the funding is
2793	2793	86.12proposed to come from the state, Metropolitan Council Parks and Open Space Commission's
2794	2794	86.13levies, and cities, counties, and towns in the metropolitan area, respectively. In preparing
2795	2795	86.14or amending the policy plan the council commissioner of administration shall consult with
2796	2796	86.15and make maximum use of the expertise of the commission. The policy plan shall include
2797	2797	86.16a five-year capital improvement program, which shall be revised periodically, and shall
2798	2798	86.17establish criteria and priorities for the allocation of funds for such acquisition and
2799	2799	86.18development. The legislature in each bonding measure shall designate an anticipated level
2800	2800	86.19of funding for this acquisition and development for each of the two succeeding bienniums.
2801	2801	86.20 Subd. 2.Review, comment, hearing; revision.Before adopting the policy plan, the
2802	2802	86.21council commissioner of administration shall submit the proposed plan to the parks and
2803	2803	86.22open space commission for its review, and the commission shall report its comments to the
2804	2804	86.23council commissioner of administration within 60 days. The council commissioner of
2805	2805	86.24administration shall hold a public hearing on the proposed policy plan at such time and
2806	2806	86.25place in the metropolitan area as it shall determine. Not less than 15 days before the hearing,
2807	2807	86.26the council commissioner of administration shall publish notice thereof in a newspaper or
2808	2808	86.27newspapers having general circulation in the metropolitan area, stating the date, time and
2809	2809	86.28place of hearing, and the place where the proposed policy plan and commission comments
2810	2810	86.29may be examined by any interested person. At any hearing interested persons shall be
2811	2811	86.30permitted to present their views on the policy plan, and the hearing may be continued from
2812	2812	86.31time to time. After receipt of the commission's report and hearing, the council commissioner
2813	2813	86.32of administration may revise the proposed plan giving appropriate consideration to all
2814	2814	86.33comments received, and thereafter shall adopt the plan by resolution. An amendment to the
2815	2815	86.34policy plan may be proposed by the council commissioner of administration or by the parks
2816	2816	86.35and open space commission. At least every four years the council commissioner of
2817	2817	86.36administration shall engage in a comprehensive review of the policy plan, development
2818	2818	86Article 7 Sec. 3.
2819	2819	REVISOR MS/VJ 25-0104601/28/25 87.1guide sections, comprehensive plans, capital improvement programs and other plans in
2820	2820	87.2substantial conformance with the requirements of subdivision 1 which have been adopted
2821	2821	87.3by the council commissioner of administration.
2822	2822	87.4 Sec. 4. Minnesota Statutes 2024, section 473.301, subdivision 2, is amended to read:
2823	2823	87.5 Subd. 2.Policy plan."Policy plan" means a plan adopted by the council commissioner
2824	2824	87.6of administration pursuant to section 473.147, generally describing the extent, type and
2825	2825	87.7location of regional recreation open space needed for the metropolitan area and the timing
2826	2826	87.8of its acquisition and development.
2827	2827	87.9 Sec. 5. Minnesota Statutes 2024, section 473.303, is amended to read:
2828	2828	87.10 473.303 METROPOLITAN PARKS AND OPEN SPACE COMMISSION.
2829	2829	87.11 Subdivision 1.General.A Metropolitan Parks and Open Space Commission is established
2830	2830	87.12as an agency of the council to carry out the purposes and activities specified in sections
2831	2831	87.13473.301 to 473.341 and to serve as the governing body of the district and shall be organized
2832	2832	87.14and structured as provided in this section.
2833	2833	87.15 Subd. 2.Membership; appointments.(a) The agency commission consists of eight
2834	2834	87.16members, plus a chair appointed as provided in subdivision 3. The Metropolitan Council
2835	2835	87.17governor shall appoint the eight members on a nonpartisan basis after consultation with the
2836	2836	87.18members of the legislature from the district for which the member is to be appointed. The
2837	2837	87.19consultation with legislators in the affected district must include informing each legislator
2838	2838	87.20of the name, address, and background of each candidate for appointment and soliciting and
2839	2839	87.21reporting to the appointments committee the recommendation of each legislator on the
2840	2840	87.22appointment.
2841	2841	87.23 (b) In addition to the notice required in section 15.0597, subdivision 4, notice of vacancies
2842	2842	87.24and expiration of terms must be published in newspapers of general circulation in the
2843	2843	87.25metropolitan area and the appropriate districts. The council commission shall notify in
2844	2844	87.26writing the governing bodies of the statutory and home rule charter cities, counties, and
2845	2845	87.27towns having territory in the district for which the member is to be appointed. The notices
2846	2846	87.28must describe the appointment process and invite participation and recommendations on
2847	2847	87.29the appointment.
2848	2848	87.30 (c) The council commission shall establish an appointments committee, composed of
2849	2849	87.31members of the council governing bodies of the implementing agencies, to screen and review
2850	2850	87.32candidates. Following the submission of member applications to the Metropolitan Council
2851	2851	87Article 7 Sec. 5.
2852	2852	REVISOR MS/VJ 25-0104601/28/25 88.1as provided under section 15.0597, subdivision 5, the appointments committee shall conduct
2853	2853	88.2public meetings, following appropriate notice, to accept statements from or on behalf of
2854	2854	88.3persons who have applied or been nominated for appointment and to allow consultation
2855	2855	88.4with and secure the advice of the public and local elected officials. The committee shall
2856	2856	88.5hold the meeting on each appointment in the district or in a reasonably convenient and
2857	2857	88.6accessible location in the part of the metropolitan area in which the district is located. The
2858	2858	88.7committee may consolidate meetings. Following the meetings, the committee shall submit
2859	2859	88.8to the council commission a written report that lists the persons who have applied or been
2860	2860	88.9nominated or recommended for the position, along with a description of the background
2861	2861	88.10and qualifications of each. In making its recommendation, the committee specifically shall
2862	2862	88.11consider evidence of the candidate's commitment to regularly communicate on issues before
2863	2863	88.12the agency with Metropolitan Council members, legislators and local elected officials in
2864	2864	88.13the district, and the committee shall report its findings on this subject in its written report
2865	2865	88.14to the council commission.
2866	2866	88.15 (d) One member shall be appointed from each of the following agency districts:
2867	2867	88.16 (1) district A, consisting of council districts 1 and 2 Metropolitan Airports Commission
2868	2868	88.17district A;
2869	2869	88.18 (2) district B, consisting of council districts 3 and 4 Metropolitan Airports Commission
2870	2870	88.19district B;
2871	2871	88.20 (3) district C, consisting of council districts 5 and 6 Metropolitan Airports Commission
2872	2872	88.21district C;
2873	2873	88.22 (4) district D, consisting of council districts 7 and 8 Metropolitan Airports Commission
2874	2874	88.23district D;
2875	2875	88.24 (5) district E, consisting of council districts 9 and 10 Metropolitan Airports Commission
2876	2876	88.25district E;
2877	2877	88.26 (6) district F, consisting of council districts 11 and 12 Metropolitan Airports Commission
2878	2878	88.27district F;
2879	2879	88.28 (7) district G, consisting of council districts 13 and 14 Metropolitan Airports Commission
2880	2880	88.29district G; and
2881	2881	88.30 (8) district H, consisting of council districts 15 and 16 Metropolitan Airports Commission
2882	2882	88.31district H.
2883	2883	88.32 Subd. 3.Chair.The chair of the commission shall be appointed by the council governor
2884	2884	88.33and shall be the ninth member of the commission and shall meet all qualifications established
2885	2885	88Article 7 Sec. 5.
2886	2886	REVISOR MS/VJ 25-0104601/28/25 89.1for members, except the chair need only reside within the metropolitan area. The chair shall
2887	2887	89.2preside at all meetings of the commission, if present, and shall perform all other duties and
2888	2888	89.3functions assigned by the commission or by law. The commission may appoint from among
2889	2889	89.4its members a vice-chair to act for the chair during temporary absence or disability.
2890	2890	89.5 Subd. 3a.Members; duties.Each member shall communicate regularly with Metropolitan
2891	2891	89.6Council members, legislators, and local government officials in the district the member
2892	2892	89.7represents.
2893	2893	89.8 Subd. 4.Qualifications.Each member shall be a resident of the commission district for
2894	2894	89.9which appointed and shall not during terms of office as a commission member hold the
2895	2895	89.10office of Metropolitan Council member, or be a member of any metropolitan agency or hold
2896	2896	89.11any judicial office.
2897	2897	89.12 Subd. 4a.Terms.Following each apportionment of Metropolitan Council Airports
2898	2898	89.13Commission districts, as provided under section 473.123, subdivision 3a 473.604, subdivision
2899	2899	89.141a, the Metropolitan Council governor shall appoint a chair and eight commission members
2900	2900	89.15from newly drawn districts. The terms of members and chairs are as follows: members
2901	2901	89.16representing commission districts A, B, C, and D, and the chair of the commission, for terms
2902	2902	89.17ending the first Monday in January of the year ending in the numeral "7"; members
2903	2903	89.18representing commission districts E, F, G, and H, for terms ending the first Monday in
2904	2904	89.19January of the year ending in the numeral "5." Thereafter the term of each member and the
2905	2905	89.20chair is four years, with terms ending the first Monday in January, except that all terms
2906	2906	89.21expire on the effective date of the next apportionment. The chair shall continue to serve
2907	2907	89.22until a successor is appointed and qualified. A member shall continue to serve the commission
2908	2908	89.23district until a successor is appointed and qualified; except that, following each
2909	2909	89.24apportionment, the member shall continue to serve at large until the Metropolitan Council
2910	2910	89.25governor appoints eight commission members as provided under subdivision 2, to serve
2911	2911	89.26terms as provided under this subdivision. The appointments to the commission must be
2912	2912	89.27made by the first Monday in May of the year in which the term ends.
2913	2913	89.28 Subd. 5.Vacancies; removal.If the office of any commission member or the chair
2914	2914	89.29becomes vacant, the vacancy shall be filled by appointment in the same manner the original
2915	2915	89.30appointment was made. Members, other than the chair, may be removed by the council
2916	2916	89.31governor only for cause. The chair may be removed at the pleasure of the council governor.
2917	2917	89.32 Subd. 6.Compensation.Members and the chair shall serve without compensation but
2918	2918	89.33shall be reimbursed for all actual and necessary expenses incurred in the performance of
2919	2919	89.34duties as determined by the Metropolitan Council Legislative Coordinating Commission.
2920	2920	89Article 7 Sec. 5.
2921	2921	REVISOR MS/VJ 25-0104601/28/25 90.1 Sec. 6. Minnesota Statutes 2024, section 473.313, is amended to read:
2922	2922	90.2 473.313 MASTER PLANS.
2923	2923	90.3 Subdivision 1.Adoption.Each park district located wholly or partially within the
2924	2924	90.4metropolitan area, and each county in the metropolitan area not wholly within a park district,
2925	2925	90.5shall prepare, after consultation with all affected municipalities, and submit to the
2926	2926	90.6Metropolitan Council commissioner of administration, and from time to time revise and
2927	2927	90.7resubmit to the council commissioner of administration, a master plan and annual budget
2928	2928	90.8for the acquisition and development of regional recreation open space located within the
2929	2929	90.9district or county, consistent with the council's commissioner of administration's policy
2930	2930	90.10plan.
2931	2931	90.11 Subd. 2.Council Commissioner of administration review.The Metropolitan Council
2932	2932	90.12commissioner of administration shall review with the advice of the commission, each master
2933	2933	90.13plan to determine whether it is consistent with the council's commissioner of administration's
2934	2934	90.14policy plan. If it is not consistent, the council commissioner of administration shall return
2935	2935	90.15the plan with its comments to the municipalities, park district or county for revision and
2936	2936	90.16resubmittal.
2937	2937	90.17Sec. 7. Minnesota Statutes 2024, section 473.315, subdivision 1, is amended to read:
2938	2938	90.18 Subdivision 1.To certain metro governments or agencies.The Metropolitan Council
2939	2939	90.19with the advice of the commission may make grants, from any funds available to it for
2940	2940	90.20recreation open space purposes, to any implementing agency, as defined in section 473.351,
2941	2941	90.21to cover the cost, or any portion of the cost, of acquiring or developing regional recreation
2942	2942	90.22open space in accordance with the policy plan; and all such agencies may enter into contracts
2943	2943	90.23for this purpose or rights or interests therein. The cost of acquisition shall include any
2944	2944	90.24payments required for relocation pursuant to sections 117.50 to 117.56.
2945	2945	90.25Sec. 8. Minnesota Statutes 2024, section 473.325, is amended to read:
2946	2946	90.26 473.325 SALES OF G.O. REFUNDING BONDS.
2947	2947	90.27 Subdivision 1.Up to $40,000,000 outstanding.The Metropolitan Council Parks and
2948	2948	90.28Open Space Commission may by resolution authorize the issuance of general obligation
2949	2949	90.29bonds of the council commission such that the amount outstanding and undischarged at any
2950	2950	90.30time shall not exceed $40,000,000, for which its full faith and credit and taxing powers shall
2951	2951	90.31be pledged, for the acquisition and betterment of regional recreation open space in accordance
2952	2952	90.32with sections 473.301 to 473.341. The Metropolitan Council Parks and Open Space
2953	2953	90.33Commission may also issue general obligation bonds for the purpose of refunding outstanding
2954	2954	90Article 7 Sec. 8.
2955	2955	REVISOR MS/VJ 25-0104601/28/25 91.1obligations issued hereunder. The amount of refunding bonds that may be issued from time
2956	2956	91.2to time shall not be subject to the dollar limitation contained in this subdivision nor shall
2957	2957	91.3such refunding bonds be included in computing the amount of bonds that may be issued
2958	2958	91.4within such dollar limitation.
2959	2959	91.5 Subd. 2.Chapter 475 applies; exceptions.The Metropolitan Council Parks and Open
2960	2960	91.6Space Commission shall sell and issue the bonds in the manner provided in chapter 475,
2961	2961	91.7and shall have the same powers and duties as a municipality issuing bonds under that law,
2962	2962	91.8except that the approval of a majority of the electors shall not be required and the net debt
2963	2963	91.9limitations shall not apply. The terms of each series of bonds shall be fixed so that the
2964	2964	91.10amount of principal and interest on all outstanding and undischarged bonds, together with
2965	2965	91.11the bonds proposed to be issued, due in any year shall not exceed 0.01209 percent of
2966	2966	91.12estimated market value of all taxable property in the metropolitan area as last finally equalized
2967	2967	91.13prior to a proposed issue. The bonds shall be secured in accordance with section 475.61,
2968	2968	91.14subdivision 1, and any taxes required for their payment shall be levied by the council
2969	2969	91.15commission, shall not affect the amount or rate of taxes which may be levied by the council
2970	2970	91.16commission for other purposes, shall be spread against all taxable property in the metropolitan
2971	2971	91.17area, and shall not be subject to limitation as to rate or amount. Any taxes certified by the
2972	2972	91.18council commission to the county auditors for collection shall be reduced by the amount
2973	2973	91.19received by the council commission from the commissioner of management and budget or
2974	2974	91.20the federal government for the purpose of paying the principal and interest on bonds to
2975	2975	91.21which the levy relates. The council commission shall certify the fact and amount of all
2976	2976	91.22money so received to the county auditors, and the auditors shall reduce the levies previously
2977	2977	91.23made for the bonds in the manner and to the extent provided in section 475.61, subdivision
2978	2978	91.243.
2979	2979	91.25 Subd. 3.Temporary loans.The Metropolitan Council Parks and Open Space
2980	2980	91.26Commission shall have the power, after the authorization of bonds pursuant to this section,
2981	2981	91.27to provide funds immediately required for the purposes of sections 473.301 to 473.341, by
2982	2982	91.28effecting temporary loans upon such terms as it shall by resolution determine, evidenced
2983	2983	91.29by notes due in not exceeding 24 months from the date thereof, payable to the order of the
2984	2984	91.30lender or to the bearer, to be repaid with interest from the proceeds of such bonds when
2985	2985	91.31issued and delivered to the purchaser thereof. Such temporary loans may be made without
2986	2986	91.32public advertisement.
2987	2987	91.33 Subd. 4.Full faith, credit switch.In the event that the full faith and credit pledge of
2988	2988	91.34the Metropolitan Council Parks and Open Space Commission for the payment of principal
2989	2989	91.35and interest on the bonds issued under this section is superseded and replaced by the full
2990	2990	91Article 7 Sec. 8.
2991	2991	REVISOR MS/VJ 25-0104601/28/25 92.1faith and credit pledge of the state of Minnesota, by binding and irrevocable legislation,
2992	2992	92.2such action shall extinguish the full faith and credit pledge theretofore made for all bonds
2993	2993	92.3and the interest thereon issued pursuant to this section.
2994	2994	92.4 Sec. 9. Minnesota Statutes 2024, section 473.334, subdivision 1, is amended to read:
2995	2995	92.5 Subdivision 1.Generally.In determining the special benefit received by regional
2996	2996	92.6recreation open space system property as defined in sections 473.301 to 473.351 from an
2997	2997	92.7improvement for which a special assessment is determined, the governing body shall not
2998	2998	92.8consider any use of the property other than as regional recreation open space property at
2999	2999	92.9the time the special assessment is determined. The Metropolitan Council commission shall
3000	3000	92.10not be bound by the determination of the governing body of the city but may pay a lesser
3001	3001	92.11amount, as agreed upon by the Metropolitan Council commission and the governing body
3002	3002	92.12of the city, as they determine is the measure of benefit to the land from the improvement.
3003	3003	92.13Sec. 10. Minnesota Statutes 2024, section 473.341, is amended to read:
3004	3004	92.14 473.341 TAX EQUIVALENTS.
3005	3005	92.15 In the year in which the Metropolitan Council commission or an implementing agency
3006	3006	92.16as defined in section 473.351 acquires fee title to any real property included in the regional
3007	3007	92.17recreation open space system, the Metropolitan Council commission shall grant sufficient
3008	3008	92.18funds to the appropriate implementing agency to make the tax equivalent payment required
3009	3009	92.19in this section. The council commission shall determine the total amount of property taxes
3010	3010	92.20levied on the real property for municipal or township purposes for collection in the year in
3011	3011	92.21which title passed. The municipality or township in which the real property is situated shall
3012	3012	92.22be paid 180 percent of the total tax amount determined by the council commission. If the
3013	3013	92.23implementing agency has granted a life estate to the seller of the real property and the seller
3014	3014	92.24is obligated to pay property taxes on the property, this tax equivalent shall not be paid until
3015	3015	92.25the life estate ends. All amounts paid pursuant to this section are costs of acquisition of the
3016	3016	92.26real property acquired.
3017	3017	92.27Sec. 11. Minnesota Statutes 2024, section 473.351, subdivision 1, is amended to read:
3018	3018	92.28 Subdivision 1.Definitions.The definitions in this subdivision apply to this section.
3019	3019	92.29 (a) "Implementing agency" means the counties of Anoka, Washington, Ramsey, Scott,
3020	3020	92.30Carver, Dakota, the city of St. Paul, the city of Bloomington, the Minneapolis Park and
3021	3021	92.31Recreation Board, and the Three Rivers Park District.
3022	3022	92Article 7 Sec. 11.
3023	3023	REVISOR MS/VJ 25-0104601/28/25 93.1 (b) "Operation and maintenance expenditures" means the cost of providing for the
3024	3024	93.2operation and maintenance of waters, lands, and facilities that are a part of the metropolitan
3025	3025	93.3area regional park and open space system, including but not limited to, the provision of fire,
3026	3026	93.4police, maintenance, forestry, rehabilitation expenses pertaining to routine care, and the
3027	3027	93.5allocation of the administrative overhead costs of the regional park and open space systems.
3028	3028	93.6 (c) "Operation and maintenance money" means money appropriated by the legislature
3029	3029	93.7to the commissioner of employment and economic development for distribution by the
3030	3030	93.8Metropolitan Council Parks and Open Space Commission.
3031	3031	93.9 (d) "Regional recreation open space systems" means those parks that have been designated
3032	3032	93.10by the Metropolitan Council commissioner of administration under section 473.145.
3033	3033	93.11Sec. 12. Minnesota Statutes 2024, section 473.351, subdivision 2, is amended to read:
3034	3034	93.12 Subd. 2.Metropolitan Council Parks and Open Space Commission
3035	3035	93.13obligation.Annually before August 1 the Metropolitan Council commission shall distribute
3036	3036	93.14grant money received from the commissioner of natural resources to fund the operation and
3037	3037	93.15maintenance expenditures of the implementing agencies for the operation and maintenance
3038	3038	93.16of regional park and open space systems. The Metropolitan Council commission shall
3039	3039	93.17annually report to the legislature the amount distributed to each implementing agency and
3040	3040	93.18its estimate of the percentage of operation and maintenance expenditures paid for with
3041	3041	93.19operation and maintenance money.
3042	3042	93.20Sec. 13. Minnesota Statutes 2024, section 473.351, subdivision 3, is amended to read:
3043	3043	93.21 Subd. 3.Allocation formula.By July 1 of every year each implementing agency must
3044	3044	93.22submit to the Metropolitan Parks and Open Space Commission a statement of the next
3045	3045	93.23annual anticipated operation and maintenance expenditures of the regional recreation open
3046	3046	93.24space parks systems within their respective jurisdictions and the previous year's actual
3047	3047	93.25expenditures. After reviewing the actual expenditures submitted and by July 15 of each
3048	3048	93.26year, the Metropolitan Parks and Open Space Commission shall forward to the Metropolitan
3049	3049	93.27Council the funding requests from the implementing agencies based on the actual
3050	3050	93.28expenditures made. The Metropolitan Council shall distribute the operation and maintenance
3051	3051	93.29money as follows:
3052	3052	93.30 (1) 40 percent based on the use that each implementing agency's regional recreation
3053	3053	93.31open space system has in proportion to the total use of the metropolitan regional recreation
3054	3054	93.32open space system;
3055	3055	93Article 7 Sec. 13.
3056	3056	REVISOR MS/VJ 25-0104601/28/25 94.1 (2) 40 percent based on the operation and maintenance expenditures made in the previous
3057	3057	94.2year by each implementing agency in proportion to the total operation and maintenance
3058	3058	94.3expenditures of all of the implementing agencies; and
3059	3059	94.4 (3) 20 percent based on the acreage that each implementing agency's regional recreation
3060	3060	94.5open space system has in proportion to the total acreage of the metropolitan regional
3061	3061	94.6recreation open space system. The 80 percent natural resource management land acreage
3062	3062	94.7of the park reserves must be divided by four in calculating the distribution under this clause.
3063	3063	94.8 Each implementing agency must receive no less than 40 percent of its actual operation
3064	3064	94.9and maintenance expenses to be incurred in the current calendar year budget as submitted
3065	3065	94.10to the parks and open space commission. If the available operation and maintenance money
3066	3066	94.11is less than the total amount determined by the formula including the preceding, the
3067	3067	94.12implementing agencies will share the available money in proportion to the amounts they
3068	3068	94.13would otherwise be entitled to under the formula.
3069	3069	94.14Sec. 14. BONDS.
3070	3070	94.15 Bonds authorized by Minnesota Statutes, section 473.325, that are outstanding on the
3071	3071	94.16effective date of this article must be paid and retired according to that section and the terms
3072	3072	94.17of the bonds. The auditors of the metropolitan counties shall see to the administration of
3073	3073	94.18this section.
3074	3074	94.19Sec. 15. ASSET ALLOCATION.
3075	3075	94.20 Assets of the Metropolitan Council attributable to the regional recreation open space
3076	3076	94.21systems defined in Minnesota Statutes, section 473.351, shall be transferred to the
3077	3077	94.22Metropolitan Parks and Open Space Commission.
3078	3078	94.23Sec. 16. TAX EQUIVALENTS.
3079	3079	94.24 If tax equivalents under Minnesota Statutes, section 473.341, are owned by an
3080	3080	94.25implementing agency as defined in Minnesota Statutes, section 473.351, to a municipality
3081	3081	94.26as defined in Minnesota Statutes, section 473.301, that is not an implementing agency, on
3082	3082	94.27the termination of a life estate, the implementing agency must make the payment.
3083	3083	94.28Sec. 17. REPEALER.
3084	3084	94.29 Minnesota Statutes 2024, section 473.121, subdivision 12, is repealed.
3085	3085	94Article 7 Sec. 17.
3086	3086	REVISOR MS/VJ 25-0104601/28/25 95.1 Sec. 18. EFFECTIVE DATE.
3087	3087	95.2 This article is effective July 1, 2026.
3088	3088	95.3 ARTICLE 8
3089	3089	95.4 TRANSPORTATION
3090	3090	95.5 Section 1. Minnesota Statutes 2024, section 13.46, subdivision 2, is amended to read:
3091	3091	95.6 Subd. 2.General.(a) Data on individuals collected, maintained, used, or disseminated
3092	3092	95.7by the welfare system are private data on individuals, and shall not be disclosed except:
3093	3093	95.8 (1) according to section 13.05;
3094	3094	95.9 (2) according to court order;
3095	3095	95.10 (3) according to a statute specifically authorizing access to the private data;
3096	3096	95.11 (4) to an agent of the welfare system and an investigator acting on behalf of a county,
3097	3097	95.12the state, or the federal government, including a law enforcement person or attorney in the
3098	3098	95.13investigation or prosecution of a criminal, civil, or administrative proceeding relating to the
3099	3099	95.14administration of a program;
3100	3100	95.15 (5) to personnel of the welfare system who require the data to verify an individual's
3101	3101	95.16identity; determine eligibility, amount of assistance, and the need to provide services to an
3102	3102	95.17individual or family across programs; coordinate services for an individual or family;
3103	3103	95.18evaluate the effectiveness of programs; assess parental contribution amounts; and investigate
3104	3104	95.19suspected fraud;
3105	3105	95.20 (6) to administer federal funds or programs;
3106	3106	95.21 (7) between personnel of the welfare system working in the same program;
3107	3107	95.22 (8) to the Department of Revenue to administer and evaluate tax refund or tax credit
3108	3108	95.23programs and to identify individuals who may benefit from these programs, and prepare
3109	3109	95.24the databases for reports required under section 270C.13 and Laws 2008, chapter 366, article
3110	3110	95.2517, section 6. The following information may be disclosed under this paragraph: an
3111	3111	95.26individual's and their dependent's names, dates of birth, Social Security or individual taxpayer
3112	3112	95.27identification numbers, income, addresses, and other data as required, upon request by the
3113	3113	95.28Department of Revenue. Disclosures by the commissioner of revenue to the commissioner
3114	3114	95.29of human services for the purposes described in this clause are governed by section 270B.14,
3115	3115	95.30subdivision 1. Tax refund or tax credit programs include, but are not limited to, the dependent
3116	3116	95.31care credit under section 290.067, the Minnesota working family credit under section
3117	3117	95Article 8 Section 1.
3118	3118	REVISOR MS/VJ 25-0104601/28/25 96.1290.0671, the property tax refund under section 290A.04, and the Minnesota education
3119	3119	96.2credit under section 290.0674;
3120	3120	96.3 (9) between the Department of Human Services; the Department of Employment and
3121	3121	96.4Economic Development; the Department of Children, Youth, and Families; Direct Care and
3122	3122	96.5Treatment; and, when applicable, the Department of Education, for the following purposes:
3123	3123	96.6 (i) to monitor the eligibility of the data subject for unemployment benefits, for any
3124	3124	96.7employment or training program administered, supervised, or certified by that agency;
3125	3125	96.8 (ii) to administer any rehabilitation program or child care assistance program, whether
3126	3126	96.9alone or in conjunction with the welfare system;
3127	3127	96.10 (iii) to monitor and evaluate the Minnesota family investment program or the child care
3128	3128	96.11assistance program by exchanging data on recipients and former recipients of Supplemental
3129	3129	96.12Nutrition Assistance Program (SNAP) benefits, cash assistance under chapter 142F, 256D,
3130	3130	96.13256J, or 256K, child care assistance under chapter 142E, medical programs under chapter
3131	3131	96.14256B or 256L; and
3132	3132	96.15 (iv) to analyze public assistance employment services and program utilization, cost,
3133	3133	96.16effectiveness, and outcomes as implemented under the authority established in Title II,
3134	3134	96.17Sections 201-204 of the Ticket to Work and Work Incentives Improvement Act of 1999.
3135	3135	96.18Health records governed by sections 144.291 to 144.298 and "protected health information"
3136	3136	96.19as defined in Code of Federal Regulations, title 45, section 160.103, and governed by Code
3137	3137	96.20of Federal Regulations, title 45, parts 160-164, including health care claims utilization
3138	3138	96.21information, must not be exchanged under this clause;
3139	3139	96.22 (10) to appropriate parties in connection with an emergency if knowledge of the
3140	3140	96.23information is necessary to protect the health or safety of the individual or other individuals
3141	3141	96.24or persons;
3142	3142	96.25 (11) data maintained by residential programs as defined in section 245A.02 may be
3143	3143	96.26disclosed to the protection and advocacy system established in this state according to Part
3144	3144	96.27C of Public Law 98-527 to protect the legal and human rights of persons with developmental
3145	3145	96.28disabilities or other related conditions who live in residential facilities for these persons if
3146	3146	96.29the protection and advocacy system receives a complaint by or on behalf of that person and
3147	3147	96.30the person does not have a legal guardian or the state or a designee of the state is the legal
3148	3148	96.31guardian of the person;
3149	3149	96.32 (12) to the county medical examiner or the county coroner for identifying or locating
3150	3150	96.33relatives or friends of a deceased person;
3151	3151	96Article 8 Section 1.
3152	3152	REVISOR MS/VJ 25-0104601/28/25 97.1 (13) data on a child support obligor who makes payments to the public agency may be
3153	3153	97.2disclosed to the Minnesota Office of Higher Education to the extent necessary to determine
3154	3154	97.3eligibility under section 136A.121, subdivision 2, clause (5);
3155	3155	97.4 (14) participant Social Security or individual taxpayer identification numbers and names
3156	3156	97.5collected by the telephone assistance program may be disclosed to the Department of
3157	3157	97.6Revenue to conduct an electronic data match with the property tax refund database to
3158	3158	97.7determine eligibility under section 237.70, subdivision 4a;
3159	3159	97.8 (15) the current address of a Minnesota family investment program participant may be
3160	3160	97.9disclosed to law enforcement officers who provide the name of the participant and notify
3161	3161	97.10the agency that:
3162	3162	97.11 (i) the participant:
3163	3163	97.12 (A) is a fugitive felon fleeing to avoid prosecution, or custody or confinement after
3164	3164	97.13conviction, for a crime or attempt to commit a crime that is a felony under the laws of the
3165	3165	97.14jurisdiction from which the individual is fleeing; or
3166	3166	97.15 (B) is violating a condition of probation or parole imposed under state or federal law;
3167	3167	97.16 (ii) the location or apprehension of the felon is within the law enforcement officer's
3168	3168	97.17official duties; and
3169	3169	97.18 (iii) the request is made in writing and in the proper exercise of those duties;
3170	3170	97.19 (16) the current address of a recipient of general assistance may be disclosed to probation
3171	3171	97.20officers and corrections agents who are supervising the recipient and to law enforcement
3172	3172	97.21officers who are investigating the recipient in connection with a felony level offense;
3173	3173	97.22 (17) information obtained from a SNAP applicant or recipient households may be
3174	3174	97.23disclosed to local, state, or federal law enforcement officials, upon their written request, for
3175	3175	97.24the purpose of investigating an alleged violation of the Food and Nutrition Act, according
3176	3176	97.25to Code of Federal Regulations, title 7, section 272.1(c);
3177	3177	97.26 (18) the address, Social Security or individual taxpayer identification number, and, if
3178	3178	97.27available, photograph of any member of a household receiving SNAP benefits shall be made
3179	3179	97.28available, on request, to a local, state, or federal law enforcement officer if the officer
3180	3180	97.29furnishes the agency with the name of the member and notifies the agency that:
3181	3181	97.30 (i) the member:
3182	3182	97.31 (A) is fleeing to avoid prosecution, or custody or confinement after conviction, for a
3183	3183	97.32crime or attempt to commit a crime that is a felony in the jurisdiction the member is fleeing;
3184	3184	97Article 8 Section 1.
3185	3185	REVISOR MS/VJ 25-0104601/28/25 98.1 (B) is violating a condition of probation or parole imposed under state or federal law;
3186	3186	98.2or
3187	3187	98.3 (C) has information that is necessary for the officer to conduct an official duty related
3188	3188	98.4to conduct described in subitem (A) or (B);
3189	3189	98.5 (ii) locating or apprehending the member is within the officer's official duties; and
3190	3190	98.6 (iii) the request is made in writing and in the proper exercise of the officer's official duty;
3191	3191	98.7 (19) the current address of a recipient of Minnesota family investment program, general
3192	3192	98.8assistance, or SNAP benefits may be disclosed to law enforcement officers who, in writing,
3193	3193	98.9provide the name of the recipient and notify the agency that the recipient is a person required
3194	3194	98.10to register under section 243.166, but is not residing at the address at which the recipient is
3195	3195	98.11registered under section 243.166;
3196	3196	98.12 (20) certain information regarding child support obligors who are in arrears may be
3197	3197	98.13made public according to section 518A.74;
3198	3198	98.14 (21) data on child support payments made by a child support obligor and data on the
3199	3199	98.15distribution of those payments excluding identifying information on obligees may be
3200	3200	98.16disclosed to all obligees to whom the obligor owes support, and data on the enforcement
3201	3201	98.17actions undertaken by the public authority, the status of those actions, and data on the income
3202	3202	98.18of the obligor or obligee may be disclosed to the other party;
3203	3203	98.19 (22) data in the work reporting system may be disclosed under section 142A.29,
3204	3204	98.20subdivision 7;
3205	3205	98.21 (23) to the Department of Education for the purpose of matching Department of Education
3206	3206	98.22student data with public assistance data to determine students eligible for free and
3207	3207	98.23reduced-price meals, meal supplements, and free milk according to United States Code,
3208	3208	98.24title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to allocate federal and state
3209	3209	98.25funds that are distributed based on income of the student's family; and to verify receipt of
3210	3210	98.26energy assistance for the telephone assistance plan;
3211	3211	98.27 (24) the current address and telephone number of program recipients and emergency
3212	3212	98.28contacts may be released to the commissioner of health or a community health board as
3213	3213	98.29defined in section 145A.02, subdivision 5, when the commissioner or community health
3214	3214	98.30board has reason to believe that a program recipient is a disease case, carrier, suspect case,
3215	3215	98.31or at risk of illness, and the data are necessary to locate the person;
3216	3216	98.32 (25) to other state agencies, statewide systems, and political subdivisions of this state,
3217	3217	98.33including the attorney general, and agencies of other states, interstate information networks,
3218	3218	98Article 8 Section 1.
3219	3219	REVISOR MS/VJ 25-0104601/28/25 99.1federal agencies, and other entities as required by federal regulation or law for the
3220	3220	99.2administration of the child support enforcement program;
3221	3221	99.3 (26) to personnel of public assistance programs as defined in section 518A.81, for access
3222	3222	99.4to the child support system database for the purpose of administration, including monitoring
3223	3223	99.5and evaluation of those public assistance programs;
3224	3224	99.6 (27) to monitor and evaluate the Minnesota family investment program by exchanging
3225	3225	99.7data between the Departments of Human Services; Children, Youth, and Families; and
3226	3226	99.8Education, on recipients and former recipients of SNAP benefits, cash assistance under
3227	3227	99.9chapter 142F, 256D, 256J, or 256K, child care assistance under chapter 142E, medical
3228	3228	99.10programs under chapter 256B or 256L, or a medical program formerly codified under chapter
3229	3229	99.11256D;
3230	3230	99.12 (28) to evaluate child support program performance and to identify and prevent fraud
3231	3231	99.13in the child support program by exchanging data between the Department of Human Services;
3232	3232	99.14Department of Children, Youth, and Families; Department of Revenue under section 270B.14,
3233	3233	99.15subdivision 1, paragraphs (a) and (b), without regard to the limitation of use in paragraph
3234	3234	99.16(c); Department of Health; Department of Employment and Economic Development; and
3235	3235	99.17other state agencies as is reasonably necessary to perform these functions;
3236	3236	99.18 (29) counties and the Department of Children, Youth, and Families operating child care
3237	3237	99.19assistance programs under chapter 142E may disseminate data on program participants,
3238	3238	99.20applicants, and providers to the commissioner of education;
3239	3239	99.21 (30) child support data on the child, the parents, and relatives of the child may be
3240	3240	99.22disclosed to agencies administering programs under titles IV-B and IV-E of the Social
3241	3241	99.23Security Act, as authorized by federal law;
3242	3242	99.24 (31) to a health care provider governed by sections 144.291 to 144.298, to the extent
3243	3243	99.25necessary to coordinate services;
3244	3244	99.26 (32) to the chief administrative officer of a school to coordinate services for a student
3245	3245	99.27and family; data that may be disclosed under this clause are limited to name, date of birth,
3246	3246	99.28gender, and address;
3247	3247	99.29 (33) to county correctional agencies to the extent necessary to coordinate services and
3248	3248	99.30diversion programs; data that may be disclosed under this clause are limited to name, client
3249	3249	99.31demographics, program, case status, and county worker information; or
3250	3250	99.32 (34) between the Department of Human Services and the Metropolitan Council
3251	3251	99.33commissioner of transportation for the following purposes:
3252	3252	99Article 8 Section 1.
3253	3253	REVISOR MS/VJ 25-0104601/28/25 100.1 (i) to coordinate special transportation service provided under section 473.386 with
3254	3254	100.2services for people with disabilities and elderly individuals funded by or through the
3255	3255	100.3Department of Human Services; and
3256	3256	100.4 (ii) to provide for reimbursement of special transportation service provided under section
3257	3257	100.5473.386.
3258	3258	100.6The data that may be shared under this clause are limited to the individual's first, last, and
3259	3259	100.7middle names; date of birth; residential address; and program eligibility status with expiration
3260	3260	100.8date for the purposes of informing the other party of program eligibility.
3261	3261	100.9 (b) Information on persons who have been treated for substance use disorder may only
3262	3262	100.10be disclosed according to the requirements of Code of Federal Regulations, title 42, sections
3263	3263	100.112.1 to 2.67.
3264	3264	100.12 (c) Data provided to law enforcement agencies under paragraph (a), clause (15), (16),
3265	3265	100.13(17), or (18), or paragraph (b), are investigative data and are confidential or protected
3266	3266	100.14nonpublic while the investigation is active. The data are private after the investigation
3267	3267	100.15becomes inactive under section 13.82, subdivision 7, clause (a) or (b).
3268	3268	100.16 (d) Mental health data shall be treated as provided in subdivisions 7, 8, and 9, but are
3269	3269	100.17not subject to the access provisions of subdivision 10, paragraph (b).
3270	3270	100.18 For the purposes of this subdivision, a request will be deemed to be made in writing if
3271	3271	100.19made through a computer interface system.
3272	3272	100.20Sec. 2. Minnesota Statutes 2024, section 117.57, subdivision 3, is amended to read:
3273	3273	100.21 Subd. 3.Relation to regional railroad authorities.An authority shall not be adjudged
3274	3274	100.22to have a superior public use to that of a regional railroad authority as defined in section
3275	3275	100.23398A.01, a railroad property which has been identified and approved as a light rail corridor
3276	3276	100.24by the former Metropolitan Council under chapter 473, or a state trail covered by section
3277	3277	100.2585.015.
3278	3278	100.26Sec. 3. Minnesota Statutes 2024, section 160.165, subdivision 1, is amended to read:
3279	3279	100.27 Subdivision 1.Definitions.For the purposes of this section, the following terms have
3280	3280	100.28the meanings given:
3281	3281	100.29 (1) "project" means construction work to maintain, construct, reconstruct, or improve a
3282	3282	100.30street or highway or for a rail transit project;
3283	3283	100Article 8 Sec. 3.
3284	3284	REVISOR MS/VJ 25-0104601/28/25 101.1 (2) "substantial business impacts" means impairment of road access, parking, or visibility
3285	3285	101.2for one or more business establishments as a result of a project, for a minimum period of
3286	3286	101.3one month; and
3287	3287	101.4 (3) "transportation authority" means the commissioner, as to trunk highways and rail
3288	3288	101.5transit projects; the county board, as to county state-aid highways and county highways;
3289	3289	101.6the town board, as to town roads; and statutory or home rule charter cities, as to city streets;
3290	3290	101.7the Metropolitan Council, for rail transit projects located entirely within the metropolitan
3291	3291	101.8area as defined in section 473.121, subdivision 2; and the commissioner, for all other rail
3292	3292	101.9transit projects.
3293	3293	101.10Sec. 4. Minnesota Statutes 2024, section 160.93, subdivision 1, is amended to read:
3294	3294	101.11 Subdivision 1.Fees authorized.To improve efficiency and provide more options to
3295	3295	101.12individuals traveling in a trunk highway corridor, the commissioner of transportation may
3296	3296	101.13charge user fees to owners or operators of single-occupant vehicles using dynamic shoulder
3297	3297	101.14lanes as designated by the commissioner and any designated high-occupancy vehicle lanes.
3298	3298	101.15The fees may be collected using electronic or other toll-collection methods and may vary
3299	3299	101.16in amount with the time of day and level of traffic congestion within the corridor. The
3300	3300	101.17commissioner shall consult with the Metropolitan Council and obtain necessary federal
3301	3301	101.18authorizations before implementing user fees on a high-occupancy vehicle lane or dynamic
3302	3302	101.19shoulder lane. Fees under this section are not subject to section 16A.1283.
3303	3303	101.20Sec. 5. Minnesota Statutes 2024, section 160.93, subdivision 2, is amended to read:
3304	3304	101.21 Subd. 2.Deposit of revenues; appropriation.(a) Except as provided in subdivision
3305	3305	101.222a, money collected from fees authorized under subdivision 1 must be deposited in a
3306	3306	101.23high-occupancy vehicle lane user fee account in the special revenue fund. A separate account
3307	3307	101.24must be established for each trunk highway corridor. Money in the account is appropriated
3308	3308	101.25to the commissioner.
3309	3309	101.26 (b) From this appropriation the commissioner shall first repay the trunk highway fund
3310	3310	101.27and any other fund source for money spent to install, equip, or modify the corridor for the
3311	3311	101.28purposes of subdivision 1, and then shall pay all the costs of implementing and administering
3312	3312	101.29the fee collection system for that corridor.
3313	3313	101.30 (c) The commissioner shall spend remaining money in the account as follows:
3314	3314	101.31 (1) one-half must be spent for transportation capital improvements within the corridor;
3315	3315	101.32and
3316	3316	101Article 8 Sec. 5.
3317	3317	REVISOR MS/VJ 25-0104601/28/25 102.1 (2) one-half must be transferred to the Metropolitan Council spent for expansion and
3318	3318	102.2improvement of bus transit services within the corridor beyond the level of service provided
3319	3319	102.3on the date of implementation of subdivision 1.
3320	3320	102.4Sec. 6. Minnesota Statutes 2024, section 160.93, subdivision 2a, is amended to read:
3321	3321	102.5 Subd. 2a.I-35W high-occupancy vehicle and dynamic shoulder lane account.(a)
3322	3322	102.6An I-35W high-occupancy vehicle and dynamic shoulder lane account is established in the
3323	3323	102.7special revenue fund. Money collected from fees authorized under subdivision 1 for the
3324	3324	102.8marked Interstate Highway 35W (I-35W) corridor must be deposited in the account and
3325	3325	102.9used as described in this subdivision. Money in the account is appropriated to the
3326	3326	102.10commissioner.
3327	3327	102.11 (b) During the first year of revenue operations, the commissioner shall use the money
3328	3328	102.12received in that year to pay the costs of operating and administering the fee collection system
3329	3329	102.13within the corridor, up to $1,000,000. Any remaining money must be transferred to the
3330	3330	102.14Metropolitan Council used for improvement of bus transit services within the I-35W corridor
3331	3331	102.15including transit capital expenses.
3332	3332	102.16 (c) During the second and subsequent years of revenue operations, the commissioner
3333	3333	102.17shall use money in the account as follows:
3334	3334	102.18 (1) each year, allocate the lesser amount of $1,000,000 or 75 percent of the revenues for
3335	3335	102.19operating and administering the fee collection system within the corridor;
3336	3336	102.20 (2) transfer use the remaining amount up to the amount allocated under clause (1) to the
3337	3337	102.21Metropolitan Council for improvement of bus transit within the corridor including capital
3338	3338	102.22expenses; and
3339	3339	102.23 (3) allocate any remaining amount as follows: (i) 25 percent to the commissioner for
3340	3340	102.24operating and administering operate and administer the fee collection system within the
3341	3341	102.25corridor and for transportation capital improvements that are consistent with the goals of
3342	3342	102.26the urban partnership agreement and that are located within the corridor and (ii) 75 percent
3343	3343	102.27to the Metropolitan Council for improvement of bus transit services within the corridor
3344	3344	102.28including transit capital expenses.
3345	3345	102.29Sec. 7. Minnesota Statutes 2024, section 161.088, subdivision 1, is amended to read:
3346	3346	102.30 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
3347	3347	102.31the meanings given.
3348	3348	102.32 (b) "Beyond the project limits" means any point that is located:
3349	3349	102Article 8 Sec. 7.
3350	3350	REVISOR MS/VJ 25-0104601/28/25 103.1 (1) outside of the project limits;
3351	3351	103.2 (2) along the same trunk highway; and
3352	3352	103.3 (3) within the same region of the state.
3353	3353	103.4 (c) "City" means a statutory or home rule charter city.
3354	3354	103.5 (d) "Department" means the Department of Transportation.
3355	3355	103.6 (e) "Greater metropolitan county" means any of the counties of Anoka, Carver, Chisago,
3356	3356	103.7Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.
3357	3357	103.8 (f) "Program" means the corridors of commerce program established in this section.
3358	3358	103.9 (g) "Project limits" means the estimated construction limits of a project for trunk highway
3359	3359	103.10construction, reconstruction, or maintenance, that is a candidate for selection under the
3360	3360	103.11corridors of commerce program.
3361	3361	103.12 (h) "Screening entity" means an area transportation partnership; the Metropolitan Council
3362	3362	103.13commissioner of administration in consultation with the Transportation Advisory Board
3363	3363	103.14under section 473.146, subdivision 4; or a greater metropolitan county.
3364	3364	103.15Sec. 8. Minnesota Statutes 2024, section 161.088, subdivision 5, is amended to read:
3365	3365	103.16 Subd. 5.Project selection process; criteria.(a) The commissioner must establish a
3366	3366	103.17process to identify, evaluate, and select projects under the program. The process must be
3367	3367	103.18consistent with the requirements of this subdivision and must not include any additional
3368	3368	103.19scoring criteria. The process must include phases as provided in this subdivision.
3369	3369	103.20 (b) Phase 1: Project solicitation. Following enactment of each law that makes additional
3370	3370	103.21funds available for the program, the commissioner must undertake a public solicitation of
3371	3371	103.22potential projects for consideration. The solicitation must be performed through an Internet
3372	3372	103.23recommendation process that allows for an interested party, including an individual, business,
3373	3373	103.24local unit of government, corridor group, or interest group, to submit a project for
3374	3374	103.25consideration.
3375	3375	103.26 (c) Phase 2: Local screening and recommendations. The commissioner must present
3376	3376	103.27the projects submitted during the open solicitation under Phase 1 to the appropriate screening
3377	3377	103.28entity where each project is located. A screening entity must:
3378	3378	103.29 (1) consider all of the submitted projects for its area;
3379	3379	103.30 (2) solicit input from members of the legislature who represent the area for project
3380	3380	103.31review, comment, and nonbinding approval or disapproval; and
3381	3381	103Article 8 Sec. 8.
3382	3382	REVISOR MS/VJ 25-0104601/28/25 104.1 (3) recommend projects to the commissioner for formal scoring, as provided in Phase
3383	3383	104.23.
3384	3384	104.3 (d) In addition to readiness development projects selected in paragraph (e), each screening
3385	3385	104.4entity may recommend the following number of projects to the commissioner:
3386	3386	104.5 (1) for area transportation partnerships, no more than three projects;
3387	3387	104.6 (2) for the Metropolitan Council commissioner of administration in consultation with
3388	3388	104.7the Transportation Advisory Board, no more than four projects; and
3389	3389	104.8 (3) for each greater metropolitan county, no more than two projects.
3390	3390	104.9 (e) Each screening entity may select up to two additional projects to recommend to the
3391	3391	104.10commissioner for readiness development funding as provided under subdivision 4b.
3392	3392	104.11 (f) A screening entity may recommend a replacement project for one that the
3393	3393	104.12commissioner determines is ineligible under subdivision 4. Each recommendation must
3394	3394	104.13identify the comments and approvals or disapprovals provided by a member of the legislature.
3395	3395	104.14 (g) Phase 3: Project scoring. The commissioner must confirm project eligibility under
3396	3396	104.15subdivision 4 and perform a complete scoring assessment on each of the eligible projects
3397	3397	104.16recommended by the screening entities under Phase 2.
3398	3398	104.17 (h) Projects must be scored using all of the following criteria:
3399	3399	104.18 (1) a return on investment measure that provides for comparison across eligible projects;
3400	3400	104.19 (2) measurable impacts on commerce and economic competitiveness;
3401	3401	104.20 (3) efficiency in the movement of freight, including but not limited to:
3402	3402	104.21 (i) measures of annual average daily traffic and commercial vehicle miles traveled, which
3403	3403	104.22may include data near the project location on that trunk highway or on connecting trunk
3404	3404	104.23and local highways; and
3405	3405	104.24 (ii) measures of congestion or travel time reliability, which may be within or near the
3406	3406	104.25project limits, or both;
3407	3407	104.26 (4) improvements to traffic safety;
3408	3408	104.27 (5) connections to regional trade centers, local highway systems, and other transportation
3409	3409	104.28modes;
3410	3410	104.29 (6) the extent to which the project addresses multiple transportation system policy
3411	3411	104.30objectives and principles;
3412	3412	104Article 8 Sec. 8.
3413	3413	REVISOR MS/VJ 25-0104601/28/25 105.1 (7) support and consensus for the project among members of the surrounding community;
3414	3414	105.2and
3415	3415	105.3 (8) the time and work needed before construction may begin on the project.
3416	3416	105.4The commissioner must give the criteria in clauses (1) to (8) equal weight in the scoring
3417	3417	105.5process. The commissioner may establish an alternative scoring assessment method for
3418	3418	105.6readiness development projects funded under subdivision 4b, which, to the extent practicable,
3419	3419	105.7must use the criteria specified in this paragraph.
3420	3420	105.8 (i) Phase 4: Project ranking and selection. On completion of project scoring under
3421	3421	105.9Phase 3, the commissioner must develop a ranked list of projects based on total score, and
3422	3422	105.10must select projects in rank order for funding under the program, subject to subdivisions
3423	3423	105.114a and 4b. The commissioner must specify the amounts and known or anticipated sources
3424	3424	105.12of funding for each selected project.
3425	3425	105.13 (j) Phase 5: Public information. The commissioner must publish information regarding
3426	3426	105.14the selection process on the department's website. The information must include:
3427	3427	105.15 (1) lists of all projects submitted for consideration and all projects recommended by the
3428	3428	105.16screening entities;
3429	3429	105.17 (2) the scores and ranking for each project; and
3430	3430	105.18 (3) an overview of each selected project, with amounts and sources of funding.
3431	3431	105.19 (k) Phase 6: Readiness development. For project selection under Phase 4, if all selected
3432	3432	105.20projects from prior project selection rounds under Phase 4 are funded, the commissioner
3433	3433	105.21must select additional projects from projects that received readiness development
3434	3434	105.22advancement funds under subdivision 4b. If a project received readiness development
3435	3435	105.23advancement funds and does not have sufficient sources of funding identified, the
3436	3436	105.24commissioner must re-score the projects as provided under Phase 3 and include the project
3437	3437	105.25in Phase 4 in the next selection round.
3438	3438	105.26Sec. 9. Minnesota Statutes 2024, section 162.09, subdivision 4, is amended to read:
3439	3439	105.27 Subd. 4.Federal census is conclusive.(a) In determining whether any city has a
3440	3440	105.28population of 5,000 or more, the last federal census shall be conclusive, except as otherwise
3441	3441	105.29provided in this subdivision.
3442	3442	105.30 (b) The governing body of a city may contract with the United States Bureau of the
3443	3443	105.31Census to take a special census. A certified copy of the results of the census shall be filed
3444	3444	105.32with the appropriate state authorities by the city. The result of the census shall be the
3445	3445	105Article 8 Sec. 9.
3446	3446	REVISOR MS/VJ 25-0104601/28/25 106.1population of the city for the purposes of any law providing that population is a required
3447	3447	106.2qualification for distribution of highway aids under chapter 162. The special census shall
3448	3448	106.3remain in effect until the next federal census is completed and filed. The expense of taking
3449	3449	106.4the special census shall be paid by the city.
3450	3450	106.5 (c) If an entire area not heretofore incorporated as a city is incorporated as such during
3451	3451	106.6the interval between federal censuses, its population shall be determined by its incorporation
3452	3452	106.7census. The incorporation census shall be determinative of the population of the city only
3453	3453	106.8until the next federal census.
3454	3454	106.9 (d) The population of a city created by the consolidation of two or more previously
3455	3455	106.10incorporated cities shall be determined by the most recent population estimate of the
3456	3456	106.11Metropolitan Council or state demographer, until the first federal decennial census or special
3457	3457	106.12census taken after the consolidation.
3458	3458	106.13 (e) The population of a city that is not receiving a municipal state-aid street fund
3459	3459	106.14apportionment shall be determined, upon request of the city, by the most recent population
3460	3460	106.15estimate of the Metropolitan Council or state demographer. A municipal state-aid street
3461	3461	106.16fund apportionment received by the city must be based on this population estimate until the
3462	3462	106.17next federal decennial census or special census.
3463	3463	106.18 (f) A city that is found in the most recent federal decennial census to have a population
3464	3464	106.19of less than 5,000 is deemed for the purposes of this chapter and the Minnesota Constitution,
3465	3465	106.20article XIV, to have a population of 5,000 or more under the following circumstances: (1)
3466	3466	106.21immediately before the most recent federal decennial census, the city was receiving municipal
3467	3467	106.22state-aid street fund distributions; and (2) the population of the city was found in the most
3468	3468	106.23recent federal decennial census to be less than 5,000. Following the end of the first calendar
3469	3469	106.24year that ends in "5" after the decennial census and until the next decennial census, the
3470	3470	106.25population of any city must be determined under paragraphs (a) to (e).
3471	3471	106.26Sec. 10. Minnesota Statutes 2024, section 162.145, subdivision 1, is amended to read:
3472	3472	106.27 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
3473	3473	106.28the meanings given them.
3474	3474	106.29 (b) "Eligible city" means a statutory or home rule charter city that does not receive
3475	3475	106.30municipal state aid under sections 162.09 to 162.14 in the calendar year in which funds are
3476	3476	106.31distributed under this section.
3477	3477	106.32 (c) "Maximum aid" means 3.5 multiplied by the unweighted average amount of assistance
3478	3478	106.33to a city in a fiscal year.
3479	3479	106Article 8 Sec. 10.
3480	3480	REVISOR MS/VJ 25-0104601/28/25 107.1 (d) "Population" means the most recent population estimated or established as of 30
3481	3481	107.2days before the date of an allocation under subdivision 4, of (i) the most recent federal
3482	3482	107.3census, (ii) a special census conducted under contract with the United States Bureau of the
3483	3483	107.4Census, (iii) a population estimate made by the Metropolitan Council pursuant to section
3484	3484	107.5473.24, or (iv) (iii) a population estimate of the state demographer made pursuant to section
3485	3485	107.64A.02.
3486	3486	107.7 (e) "State-aid adjustment factor" means the greater of zero, or:
3487	3487	107.8 (1) 0.005; minus
3488	3488	107.9 (2) the number of lane miles of county state-aid highway in a city, divided by the total
3489	3489	107.10number of lane miles of county state-aid highway in all eligible cities.
3490	3490	107.11 (f) "Total population" means the sum of populations of all eligible cities.
3491	3491	107.12Sec. 11. Minnesota Statutes 2024, section 169.306, is amended to read:
3492	3492	107.13 169.306 USE OF SHOULDERS BY BUSES.
3493	3493	107.14 (a) A road authority, as defined in section 160.02, subdivision 25, is authorized to permit
3494	3494	107.15transit buses and Metro Mobility buses use of a shoulder, as designated by the road authority,
3495	3495	107.16of a freeway or expressway, as defined in section 160.02, in Minnesota.
3496	3496	107.17 (b) If a road authority permits the use of a freeway or expressway shoulder by transit
3497	3497	107.18buses, the road authority shall permit the use on that shoulder of a bus (1) with a seating
3498	3498	107.19capacity of 40 passengers or more operated by a motor carrier of passengers, as defined in
3499	3499	107.20section 221.012, subdivision 26, while operating in intrastate commerce or (2) providing
3500	3500	107.21regular route transit service, as defined in section 174.22, subdivision 8, or Metro Mobility
3501	3501	107.22services, and operated by or under contract with the Metropolitan Council department, a
3502	3502	107.23local transit authority, or a transit authority created by the legislature. Drivers of these buses
3503	3503	107.24must have adequate training in the requirements of paragraph (c), as determined by the
3504	3504	107.25commissioner.
3505	3505	107.26 (c) Buses authorized to use the shoulder under this section may be operated on the
3506	3506	107.27shoulder only when main-line traffic speeds are less than 35 miles per hour, except as
3507	3507	107.28provided for in paragraph (f). Drivers of buses being operated on the shoulder may not
3508	3508	107.29exceed the speed of main-line traffic by more than 15 miles per hour and may never exceed
3509	3509	107.3035 miles per hour, except as provided for in paragraph (f). Drivers of buses being operated
3510	3510	107.31on the shoulder must yield to merging, entering, and exiting traffic and must yield to other
3511	3511	107.32vehicles on the shoulder. Buses operated on the shoulder must be registered with the
3512	3512	107.33Department of Transportation.
3513	3513	107Article 8 Sec. 11.
3514	3514	REVISOR MS/VJ 25-0104601/28/25 108.1 (d) For the purposes of this section, the term "Metro Mobility bus" means a motor vehicle
3515	3515	108.2of not less than 20 feet in length engaged in providing special transportation services under
3516	3516	108.3section 473.386 that is:
3517	3517	108.4 (1) operated by or under contract with a public or private entity receiving financial
3518	3518	108.5assistance to provide transit services from the Metropolitan Council or the commissioner
3519	3519	108.6of transportation; and
3520	3520	108.7 (2) authorized by a road authority to use freeway or expressway shoulders.
3521	3521	108.8 (e) This section does not apply to the operation of buses on dynamic shoulder lanes.
3522	3522	108.9 (f) The commissioner may authorize different operating conditions and maximum speeds,
3523	3523	108.10not to exceed the posted speed limit, based upon an engineering study and recommendation
3524	3524	108.11by the road authority. The engineering study must be conducted by the road authority and
3525	3525	108.12must conform with the manual and specifications adopted under section 169.06, subdivision
3526	3526	108.131, and applicable state and federal standards. The road authority shall consult the public
3527	3527	108.14transit operator before recommending operating conditions different from those authorized
3528	3528	108.15by law.
3529	3529	108.16Sec. 12. Minnesota Statutes 2024, section 169.781, subdivision 1, is amended to read:
3530	3530	108.17 Subdivision 1.Definitions.For purposes of sections 169.781 to 169.783:
3531	3531	108.18 (a) "Commercial motor vehicle":
3532	3532	108.19 (1) means a motor vehicle as defined in section 169.011, subdivision 16, paragraph (a),
3533	3533	108.20or combination of motor vehicles used to transport passengers or property if the motor
3534	3534	108.21vehicle:
3535	3535	108.22 (i) has a gross vehicle weight of more than 26,000 pounds;
3536	3536	108.23 (ii) is a vehicle in a combination of more than 26,000 pounds;
3537	3537	108.24 (iii) is a bus; or
3538	3538	108.25 (iv) is of any size and is used in the transportation of hazardous materials that are required
3539	3539	108.26to be placarded under Code of Federal Regulations, title 49, parts 100-185; and
3540	3540	108.27 (2) does not include (i) a school bus or Head Start bus displaying a certificate under
3541	3541	108.28section 169.451, or (ii) a bus operated by the Metropolitan Council department or by a local
3542	3542	108.29transit commission created in chapter 458A.
3543	3543	108.30 (b) "Commissioner" means the commissioner of public safety.
3544	3544	108Article 8 Sec. 12.
3545	3545	REVISOR MS/VJ 25-0104601/28/25 109.1 (c) "Owner" means a person who owns, or has control, under a lease of more than 30
3546	3546	109.2days' duration, of one or more commercial motor vehicles.
3547	3547	109.3Sec. 13. Minnesota Statutes 2024, section 169.791, subdivision 5, is amended to read:
3548	3548	109.4 Subd. 5.Exemptions.Buses or other commercial vehicles operated by the Metropolitan
3549	3549	109.5Council department, commercial vehicles required to file proof of insurance pursuant to
3550	3550	109.6chapter 221, and school buses as defined in section 171.01, subdivision 46, are exempt from
3551	3551	109.7this section.
3552	3552	109.8Sec. 14. Minnesota Statutes 2024, section 169.792, subdivision 11, is amended to read:
3553	3553	109.9 Subd. 11.Exemptions.Buses or other commercial vehicles operated by the Metropolitan
3554	3554	109.10Council department, commercial vehicles required to file proof of insurance pursuant to
3555	3555	109.11chapter 221, and school buses as defined in section 171.01, subdivision 46, are exempt from
3556	3556	109.12this section.
3557	3557	109.13Sec. 15. Minnesota Statutes 2024, section 174.03, subdivision 1, is amended to read:
3558	3558	109.14 Subdivision 1.Statewide transportation plan; priorities; schedule of expenditures.In
3559	3559	109.15order to best meet the present and future transportation needs of the public, to insure a strong
3560	3560	109.16state economy, to make most efficient use of public and private funds, to lessen adverse
3561	3561	109.17environmental impacts of the transportation sector, and to promote the more efficient use
3562	3562	109.18of energy and other resources for transportation purposes, the commissioner shall:
3563	3563	109.19 (1) three months after notification that the department is ready to commence operations
3564	3564	109.20and prior to the drafting of the statewide transportation plan, hold public hearings as may
3565	3565	109.21be appropriate solely for the purpose of receiving suggestions for future transportation
3566	3566	109.22alternatives and priorities for the state. The Metropolitan Council, regional development
3567	3567	109.23commissions, and port authorities shall appear at the hearings and submit information
3568	3568	109.24concerning transportation-related planning undertaken and accomplished by these agencies.
3569	3569	109.25Other political subdivisions may appear and submit such information at the hearings. These
3570	3570	109.26hearings shall be completed no later than six months from the date of the commissioner's
3571	3571	109.27notification;
3572	3572	109.28 (2) develop, adopt, revise, and monitor a statewide transportation plan, taking into
3573	3573	109.29account the suggestions and information submitted at the public hearings held pursuant to
3574	3574	109.30clause (1). The plan shall incorporate all modes of transportation including bicycle
3575	3575	109.31commutation and recreation and provide for the interconnection and coordination of different
3576	3576	109.32modes of transportation. The commissioner shall evaluate all transportation programs and
3577	3577	109Article 8 Sec. 15.
3578	3578	REVISOR MS/VJ 25-0104601/28/25 110.1facilities proposed for inclusion in the plan in terms of economic costs and benefits, safety
3579	3579	110.2aspects, impact on present and planned land uses, environmental effects, energy efficiency,
3580	3580	110.3national transportation policies and priorities, and availability of federal and other financial
3581	3581	110.4assistance;
3582	3582	110.5 (3) based upon the statewide transportation plan, develop statewide transportation
3583	3583	110.6priorities and schedule authorized public capital improvements and other authorized public
3584	3584	110.7transportation expenditures pursuant to the priorities. As permitted by the federal Surface
3585	3585	110.8Transportation Program and subject to available funding, the commissioner shall give serious
3586	3586	110.9consideration to prioritizing for funding those trunk highway projects in the metropolitan
3587	3587	110.10area, as defined in section 473.121, subdivision 2, that are consistent with policies included
3588	3588	110.11in the Metropolitan Council's metropolitan development guide, transportation policy plan,
3589	3589	110.12and regional development framework, and that have been awarded funding through the
3590	3590	110.13federal Surface Transportation Program. In responding to an unforeseen, catastrophic event
3591	3591	110.14affecting the state transportation system, the commissioner may, upon written notification
3592	3592	110.15to the chairs of the senate and house of representatives committees with jurisdiction over
3593	3593	110.16transportation policy and finance, prioritize projects without regard to availability of federal
3594	3594	110.17funding; and
3595	3595	110.18 (4) complete the plan and priorities required by this subdivision no later than July 1,
3596	3596	110.191978. Upon completion of the plan and priorities, the commissioner shall prepare and
3597	3597	110.20periodically revise, as necessary, the schedule of authorized public transportation
3598	3598	110.21expenditures. The plan, priorities, and schedule are exempt from the provisions of the
3599	3599	110.22Administrative Procedure Act.
3600	3600	110.23Sec. 16. Minnesota Statutes 2024, section 174.03, subdivision 4, is amended to read:
3601	3601	110.24 Subd. 4.Other duties.The commissioner shall:
3602	3602	110.25 (1) construct and maintain transportation facilities as authorized by law;
3603	3603	110.26 (2) cooperate with, and may provide technical and financial assistance to, the Metropolitan
3604	3604	110.27Council and regional development commissions in the regional transportation planning
3605	3605	110.28process, in accordance with mutually acceptable terms and conditions;
3606	3606	110.29 (3) cooperate with, and may provide planning and technical assistance upon the request
3607	3607	110.30of, any political subdivision or other governmental agency in accordance with mutually
3608	3608	110.31accepted terms and conditions, except as otherwise restricted by law; and
3609	3609	110.32 (4) develop, revise, and monitor a statewide rail transportation plan as part of the statewide
3610	3610	110.33transportation planning process, including a study and evaluation of alternative methods
3611	3611	110Article 8 Sec. 16.
3612	3612	REVISOR MS/VJ 25-0104601/28/25 111.1for insuring adequate and economical transportation of agricultural commodities, supplies,
3613	3613	111.2and other goods to and from rural areas of the state. The plan shall include an analysis of
3614	3614	111.3rail lines in the state for the purpose of determining (i) eligibility of rail lines for assistance
3615	3615	111.4under federal and state rail assistance programs, (ii) eligibility of rail lines for inclusion in
3616	3616	111.5the state rail bank, and (iii) the actions required by the state to insure the continuation of
3617	3617	111.6rail service that meets essential state needs and objectives.
3618	3618	111.7Sec. 17. Minnesota Statutes 2024, section 174.03, subdivision 5, is amended to read:
3619	3619	111.8 Subd. 5.Regional transportation planning.The Metropolitan Council, pursuant to
3620	3620	111.9section 473.146, and the regional development commissions shall develop regional long-range
3621	3621	111.10transportation policy plans in cooperation with the commissioner and local units of
3622	3622	111.11government. Upon promulgation of the statewide transportation plan, and periodically as
3623	3623	111.12necessary thereafter, each regional policy plan shall be reviewed and amended, if necessary,
3624	3624	111.13by the appropriate regional agency to insure that the regional policy plan is not in conflict
3625	3625	111.14with the statewide transportation plan.
3626	3626	111.15Sec. 18. Minnesota Statutes 2024, section 174.04, subdivision 1, is amended to read:
3627	3627	111.16 Subdivision 1.Review of application.Any state agency which receives an application
3628	3628	111.17from a regional development commission, metropolitan council, public transit commission,
3629	3629	111.18airport commission, port authority, or other political subdivision of the state, or any nonpublic
3630	3630	111.19organization, for financial assistance for transportation planning, capital expenditures, or
3631	3631	111.20operations to any state or federal agency, shall first submit the application to the
3632	3632	111.21commissioner of transportation. The commissioner shall review the application to determine
3633	3633	111.22whether it contains matters that substantially affect the statewide transportation plan and
3634	3634	111.23priorities. If the application does not contain such matters, the commissioner shall within
3635	3635	111.2415 days after receipt return the application to the applicant political subdivision or nonpublic
3636	3636	111.25organization for forwarding to the appropriate agency. If the application contains such
3637	3637	111.26matters, the commissioner shall review and comment on the application as being consistent
3638	3638	111.27with the plan and priorities. The commissioner shall return the application together with
3639	3639	111.28comments within 45 days after receipt to the applicant political subdivision or nonpublic
3640	3640	111.29organization for forwarding with the commissioner's comments to the appropriate agency.
3641	3641	111.30Sec. 19. Minnesota Statutes 2024, section 174.04, subdivision 2, is amended to read:
3642	3642	111.31 Subd. 2.Designated agent.A regional development commission, metropolitan council,
3643	3643	111.32public transit commission, airport commission, port authority, or any other political
3644	3644	111.33subdivision of the state, or any nonpublic organization, may designate the commissioner as
3645	3645	111Article 8 Sec. 19.
3646	3646	REVISOR MS/VJ 25-0104601/28/25 112.1its agent to receive and disburse funds by entering into an agreement with the commissioner
3647	3647	112.2prescribing the terms and conditions of the receipt and expenditure of the funds in accordance
3648	3648	112.3with federal and state laws, rules, and regulations.
3649	3649	112.4Sec. 20. Minnesota Statutes 2024, section 174.285, subdivision 4, is amended to read:
3650	3650	112.5 Subd. 4.Membership.(a) The council is composed of the following 13 12 members:
3651	3651	112.6 (1) one representative from the Office of the Governor;
3652	3652	112.7 (2) one representative from the Council on Disability;
3653	3653	112.8 (3) one representative from the Minnesota Public Transit Association;
3654	3654	112.9 (4) the commissioner of transportation or a designee;
3655	3655	112.10 (5) the commissioner of human services or a designee;
3656	3656	112.11 (6) the commissioner of health or a designee;
3657	3657	112.12 (7) the chair of the Metropolitan Council or a designee;
3658	3658	112.13 (8) (7) the commissioner of education or a designee;
3659	3659	112.14 (9) (8) the commissioner of veterans affairs or a designee;
3660	3660	112.15 (10) (9) one representative from the Board on Aging;
3661	3661	112.16 (11) (10) the commissioner of employment and economic development or a designee;
3662	3662	112.17 (12) (11) the commissioner of commerce or a designee; and
3663	3663	112.18 (13) (12) the commissioner of management and budget or a designee.
3664	3664	112.19 (b) All appointments required by paragraph (a) must be completed by August 1, 2010.
3665	3665	112.20 (c) The commissioner of transportation or a designee shall convene the first meeting of
3666	3666	112.21the council within two weeks after the members have been appointed to the council. The
3667	3667	112.22members shall elect a chair from their membership at the first meeting.
3668	3668	112.23 (d) The Department of Transportation and the Department of Human Services shall
3669	3669	112.24provide necessary staff support for the council.
3670	3670	112.25Sec. 21. Minnesota Statutes 2024, section 174.30, subdivision 4, is amended to read:
3671	3671	112.26 Subd. 4.Vehicle and equipment inspection; rules; decal; complaint contact
3672	3672	112.27information; restrictions on name of service.(a) The commissioner shall inspect or
3673	3673	112.28provide for the inspection of vehicles at least annually. In addition to scheduled annual
3674	3674	112Article 8 Sec. 21.
3675	3675	REVISOR MS/VJ 25-0104601/28/25 113.1inspections and reinspections scheduled for the purpose of verifying that deficiencies have
3676	3676	113.2been corrected, unannounced inspections of any vehicle may be conducted.
3677	3677	113.3 (b) On determining that a vehicle or vehicle equipment is in a condition that is likely to
3678	3678	113.4cause an accident or breakdown, the commissioner shall require the vehicle to be taken out
3679	3679	113.5of service immediately. The commissioner shall require that vehicles and equipment not
3680	3680	113.6meeting standards be repaired and brought into conformance with the standards and shall
3681	3681	113.7require written evidence of compliance from the operator before allowing the operator to
3682	3682	113.8return the vehicle to service. The commissioner may prohibit a vehicle from being placed
3683	3683	113.9in or returned to service under a certificate of compliance until the vehicle fully complies
3684	3684	113.10with all of the requirements in Minnesota Rules, chapter 8840.
3685	3685	113.11 (c) The commissioner shall provide in the rules procedures for inspecting vehicles,
3686	3686	113.12removing unsafe vehicles from service, determining and requiring compliance, and reviewing
3687	3687	113.13driver qualifications.
3688	3688	113.14 (d) The commissioner shall design a distinctive decal to be issued to special transportation
3689	3689	113.15service providers with a current certificate of compliance under this section. A decal is valid
3690	3690	113.16for one year from the last day of the month in which it is issued. A person who is subject
3691	3691	113.17to the operating standards adopted under this section may not provide special transportation
3692	3692	113.18service in a vehicle that does not conspicuously display a decal issued by the commissioner.
3693	3693	113.19 (e) All special transportation service providers shall pay an annual fee of $45 to obtain
3694	3694	113.20a decal. Providers of ambulance service, as defined in section 144E.001, subdivision 3, are
3695	3695	113.21exempt from the annual fee. Fees collected under this paragraph must be deposited in the
3696	3696	113.22trunk highway fund, and are appropriated to the commissioner to pay for costs related to
3697	3697	113.23administering the special transportation service program.
3698	3698	113.24 (f) Special transportation service providers shall prominently display in each vehicle all
3699	3699	113.25contact information for the commissioner of transportation for the submission of complaints
3700	3700	113.26regarding the transportation services provided to that an individual. All vehicles providing
3701	3701	113.27service under section 473.386 shall display contact information for the Metropolitan Council.
3702	3702	113.28All other special transportation service vehicles shall display contact information for the
3703	3703	113.29commissioner of transportation.
3704	3704	113.30 (g) Nonemergency medical transportation providers must comply with Minnesota Rules,
3705	3705	113.31part 8840.5450, except that a provider may use the phrase "nonemergency medical
3706	3706	113.32transportation" in its name or in advertisements or information describing the service.
3707	3707	113Article 8 Sec. 21.
3708	3708	REVISOR MS/VJ 25-0104601/28/25 114.1Sec. 22. Minnesota Statutes 2024, section 174.375, subdivision 2, is amended to read:
3709	3709	114.2 Subd. 2.Membership.(a) The advisory committee consists of the members specified
3710	3710	114.3in this subdivision.
3711	3711	114.4 (b) The commissioner of transportation must appoint up to 18 public members as follows:
3712	3712	114.5one member from each of the department's seven greater Minnesota districts; four members
3713	3713	114.6from the department's metropolitan district; and no more than seven members at large. Each
3714	3714	114.7of the members at large must represent nonmotorized interests or organizations.
3715	3715	114.8 (c) The commissioners of each of the following state agencies must appoint an employee
3716	3716	114.9of the agency to serve as a member: administration, education, health, natural resources,
3717	3717	114.10public safety, transportation, and pollution control. The chair of the Metropolitan Council
3718	3718	114.11must appoint an employee of the council to serve as a member. The director of Explore
3719	3719	114.12Minnesota Tourism must appoint an employee of the agency to serve as a member.
3720	3720	114.13 (d) The division administrator of the Federal Highway Administration may appoint an
3721	3721	114.14employee of the agency to serve as a member.
3722	3722	114.15 (e) Each member of the committee serves a four-year term at the pleasure of the
3723	3723	114.16appointing authority.
3724	3724	114.17 (f) The committee must select a chair from its membership.
3725	3725	114.18Sec. 23. Minnesota Statutes 2024, section 174.90, is amended to read:
3726	3726	114.19 174.90 COMMUTER RAIL OPERATION.
3727	3727	114.20 The commissioner may contract for operation of commuter rail facilities with the
3728	3728	114.21Metropolitan Council or other public or private entities and shall commence revenue service
3729	3729	114.22after an appropriate period of start-up to ensure satisfactory performance. The commissioner
3730	3730	114.23shall coordinate with transit providers to ensure integration of the commuter rail system
3731	3731	114.24with bus and light rail transit service to avoid duplication of service and to ensure the greatest
3732	3732	114.25access to commuter rail lines in suburban and urban areas.
3733	3733	114.26Sec. 24. Minnesota Statutes 2024, section 221.012, subdivision 38, is amended to read:
3734	3734	114.27 Subd. 38.Small vehicle passenger service.(a) "Small vehicle passenger service" means
3735	3735	114.28a service provided by a person engaged in the for-hire transportation of passengers in a
3736	3736	114.29vehicle designed to transport seven or fewer persons, including the driver.
3737	3737	114.30 (b) In the metropolitan area as defined in section 473.121, subdivision 2, "small vehicle
3738	3738	114.31passenger service" also includes for-hire transportation of persons who are certified by the
3739	3739	114Article 8 Sec. 24.
3740	3740	REVISOR MS/VJ 25-0104601/28/25 115.1Metropolitan Council commissioner to use special transportation service provided under
3741	3741	115.2section 473.386, in a vehicle designed to transport not more than 15 persons including the
3742	3742	115.3driver, that is equipped with a wheelchair lift and at least three wheelchair securement
3743	3743	115.4positions.
3744	3744	115.5 (c) Small vehicle passenger service does not include a motor carrier of railroad employees.
3745	3745	115.6Sec. 25. Minnesota Statutes 2024, section 221.022, is amended to read:
3746	3746	115.7 221.022 EXCEPTION.
3747	3747	115.8 The powers granted to the commissioner under sections 221.012 to 221.293 do not
3748	3748	115.9include the power to regulate any service or vehicles operated by the Metropolitan Council
3749	3749	115.10or to register passenger transportation service provided under contract to the department or
3750	3750	115.11the Metropolitan Council. A provider of passenger transportation service under contract to
3751	3751	115.12the department or the Metropolitan Council may not also provide service as a motor carrier
3752	3752	115.13of passengers without first having registered under section 221.0252.
3753	3753	115.14Sec. 26. Minnesota Statutes 2024, section 221.031, subdivision 3a, is amended to read:
3754	3754	115.15 Subd. 3a.Contractor or recipient of transportation assistance.(a) Notwithstanding
3755	3755	115.16subdivision 3, providers of passenger transportation service under contract to and with
3756	3756	115.17operating assistance from the department or the Metropolitan Council must comply with
3757	3757	115.18rules for driver qualifications; driving of motor vehicles; parts and accessories necessary
3758	3758	115.19for safe operation; hours of service of drivers; inspection, repair, and maintenance; and the
3759	3759	115.20rules adopted in section 221.0314, subdivision 8, for accident reporting.
3760	3760	115.21 (b) This subdivision does not apply to (1) a local transit commission, (2) a transit authority
3761	3761	115.22created by the legislature, (3) special transportation service certified by the commissioner
3762	3762	115.23under section 174.30, or (4) special transportation service defined in section 174.29,
3763	3763	115.24subdivision 1, when provided by a volunteer driver operating a private passenger vehicle
3764	3764	115.25defined in section 169.011, subdivision 52.
3765	3765	115.26Sec. 27. Minnesota Statutes 2024, section 237.162, subdivision 2, is amended to read:
3766	3766	115.27 Subd. 2.Local government unit."Local government unit" means a county, home rule
3767	3767	115.28charter or statutory city, or town, or the Metropolitan Council.
3768	3768	115Article 8 Sec. 27.
3769	3769	REVISOR MS/VJ 25-0104601/28/25 116.1Sec. 28. Minnesota Statutes 2024, section 275.066, is amended to read:
3770	3770	116.2 275.066 SPECIAL TAXING DISTRICTS; DEFINITION.
3771	3771	116.3 For the purposes of property taxation and property tax state aids, the term "special taxing
3772	3772	116.4districts" includes the following entities:
3773	3773	116.5 (1) watershed districts under chapter 103D;
3774	3774	116.6 (2) sanitary districts under sections 442A.01 to 442A.29;
3775	3775	116.7 (3) regional sanitary sewer districts under sections 115.61 to 115.67;
3776	3776	116.8 (4) regional public library districts under section 134.201;
3777	3777	116.9 (5) park districts under chapter 398;
3778	3778	116.10 (6) regional railroad authorities under chapter 398A;
3779	3779	116.11 (7) hospital districts under sections 447.31 to 447.38;
3780	3780	116.12 (8) St. Cloud Metropolitan Transit Commission under sections 458A.01 to 458A.15;
3781	3781	116.13 (9) Duluth Transit Authority under sections 458A.21 to 458A.37;
3782	3782	116.14 (10) regional development commissions under sections 462.381 to 462.398;
3783	3783	116.15 (11) housing and redevelopment authorities under sections 469.001 to 469.047;
3784	3784	116.16 (12) port authorities under sections 469.048 to 469.068;
3785	3785	116.17 (13) economic development authorities under sections 469.090 to 469.1081;
3786	3786	116.18 (14) Metropolitan Council Area Transit Board under sections 473.123 to 473.549 section
3787	3787	116.19473.446;
3788	3788	116.20 (15) Metropolitan Airports Commission under sections 473.601 to 473.679;
3789	3789	116.21 (16) Metropolitan Mosquito Control Commission under sections 473.701 to 473.716;
3790	3790	116.22 (17) Morrison County Rural Development Financing Authority under Laws 1982, chapter
3791	3791	116.23437, section 1;
3792	3792	116.24 (18) Croft Historical Park District under Laws 1984, chapter 502, article 13, section 6;
3793	3793	116.25 (19) East Lake County Medical Clinic District under Laws 1989, chapter 211, sections
3794	3794	116.261 to 6;
3795	3795	116.27 (20) Floodwood Area Ambulance District under Laws 1993, chapter 375, article 5,
3796	3796	116.28section 39;
3797	3797	116Article 8 Sec. 28.
3798	3798	REVISOR MS/VJ 25-0104601/28/25 117.1 (21) Middle Mississippi River Watershed Management Organization under sections
3799	3799	117.2103B.211 and 103B.241;
3800	3800	117.3 (22) fire protection and emergency medical services special taxing districts under section
3801	3801	117.4144F.01;
3802	3802	117.5 (23) a county levying under the authority of section 103B.241, 103B.245, or 103B.251;
3803	3803	117.6 (24) Southern St. Louis County Special Taxing District; Chris Jensen Nursing Home
3804	3804	117.7under Laws 2003, First Special Session chapter 21, article 4, section 12;
3805	3805	117.8 (25) an airport authority created under section 360.0426; and
3806	3806	117.9 (26) any other political subdivision of the state of Minnesota, excluding counties, school
3807	3807	117.10districts, cities, and towns, that has the power to adopt and certify a property tax levy to the
3808	3808	117.11county auditor, as determined by the commissioner of revenue.
3809	3809	117.12Sec. 29. Minnesota Statutes 2024, section 297A.9915, subdivision 1, is amended to read:
3810	3810	117.13 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
3811	3811	117.14the meanings given.
3812	3812	117.15 (b) "Metropolitan area" means the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
3813	3813	117.16Scott, and Washington.
3814	3814	117.17 (c) "Metropolitan Council" or "council" means the Metropolitan Council established by
3815	3815	117.18section 473.123 "Metropolitan Area Transit Board" or "transit board" means the Metropolitan
3816	3816	117.19Area Transit Board established by section 473.446, subdivision 1c.
3817	3817	117.20 (d) "Regional transportation sales tax" means the regional transportation sales and use
3818	3818	117.21tax imposed under this section.
3819	3819	117.22Sec. 30. Minnesota Statutes 2024, section 297A.9915, subdivision 2, is amended to read:
3820	3820	117.23 Subd. 2.Sales tax imposition; rate.Notwithstanding section 473.123, subdivision 1,
3821	3821	117.24the Metropolitan Council Area Transit Board must impose a regional transportation sales
3822	3822	117.25and use tax at a rate of three-quarters of one percent on retail sales and uses taxable under
3823	3823	117.26this chapter made in the metropolitan area or to a destination in the metropolitan area.
3824	3824	117.27Sec. 31. Minnesota Statutes 2024, section 297A.9915, subdivision 4, is amended to read:
3825	3825	117.28 Subd. 4.Deposit.Proceeds of the regional transportation sales tax must be allocated as
3826	3826	117.29follows:
3827	3827	117Article 8 Sec. 31.
3828	3828	REVISOR MS/VJ 25-0104601/28/25 118.1 (1) 83 percent to the Metropolitan Council Area Transit Board for the purposes specified
3829	3829	118.2under section 473.4465; and
3830	3830	118.3 (2) 17 percent to metropolitan counties, as defined in section 174.49, subdivision 1, in
3831	3831	118.4the manner provided under section 174.49, subdivision 5.
3832	3832	118.5Sec. 32. Minnesota Statutes 2024, section 297A.9915, subdivision 5, is amended to read:
3833	3833	118.6 Subd. 5.Revenue bonds.(a) In addition to other authority granted in this section, and
3834	3834	118.7notwithstanding section 473.39, subdivision 7, or any other law to the contrary, the council
3835	3835	118.8transit board may, by resolution, authorize the sale and issuance of revenue bonds, notes,
3836	3836	118.9or obligations to provide funds to (1) implement the council's transit board's transit capital
3837	3837	118.10improvement program, and (2) refund bonds issued under this subdivision.
3838	3838	118.11 (b) The bonds are payable from and secured by a pledge of all or part of the revenue
3839	3839	118.12received under subdivision 4, clause (1), and associated investment earnings on debt proceeds.
3840	3840	118.13The council transit board may, by resolution, authorize the issuance of the bonds as general
3841	3841	118.14obligations of the council transit board. The bonds must be sold, issued, and secured in the
3842	3842	118.15manner provided in chapter 475, and the council transit board has the same powers and
3843	3843	118.16duties as a municipality and its governing body in issuing bonds under chapter 475, except
3844	3844	118.17that no election is required and the net debt limitations in chapter 475 do not apply to such
3845	3845	118.18bonds. The proceeds of the bonds may also be used to fund necessary reserves and to pay
3846	3846	118.19credit enhancement fees, issuance costs, and other financing costs during the life of the debt.
3847	3847	118.20 (c) The bonds may be secured by a bond resolution, or a trust indenture entered into by
3848	3848	118.21the council transit board with a corporate trustee within or outside the state, which must
3849	3849	118.22define the revenues and bond proceeds pledged for the payment and security of the bonds.
3850	3850	118.23The pledge must be a valid charge on the revenues received under section 297A.99,
3851	3851	118.24subdivision 11. Neither the state, nor any municipality or political subdivision except the
3852	3852	118.25council transit board, nor any member or officer or employee of the council transit board,
3853	3853	118.26is liable on the obligations. No mortgage or security interest in any tangible real or personal
3854	3854	118.27property is granted to the bondholders or the trustee, but they have a valid security interest
3855	3855	118.28in the revenues and bond proceeds received by the council transit board and pledged to the
3856	3856	118.29payment of the bonds. In the bond resolution or trust indenture, the council transit board
3857	3857	118.30may make such covenants as it determines to be reasonable for the protection of the
3858	3858	118.31bondholders.
3859	3859	118Article 8 Sec. 32.
3860	3860	REVISOR MS/VJ 25-0104601/28/25 119.1Sec. 33. Minnesota Statutes 2024, section 297A.992, subdivision 4, is amended to read:
3861	3861	119.2 Subd. 4.Joint powers board.(a) The joint powers board must consist of one or more
3862	3862	119.3commissioners of each county that is in the metropolitan transportation area, appointed by
3863	3863	119.4its county board, and the chair of the Metropolitan Council, who must have voting rights,
3864	3864	119.5subject to subdivision 3, clause (4). The joint powers board has the powers and duties
3865	3865	119.6provided in this section and section 471.59.
3866	3866	119.7 (b) The joint powers board may utilize no more than three-fourths of one percent of the
3867	3867	119.8proceeds of the taxes imposed under this section for ordinary administrative expenses
3868	3868	119.9incurred in carrying out the provisions of this section. Any additional administrative expenses
3869	3869	119.10must be paid by the participating counties.
3870	3870	119.11 (c) The joint powers board may establish a technical advisory group that is separate from
3871	3871	119.12the GEARS Committee. The group must consist of representatives of cities, counties, or
3872	3872	119.13public agencies, including the Metropolitan Council. The technical advisory group must be
3873	3873	119.14used solely for technical consultation purposes.
3874	3874	119.15 EFFECTIVE DATE.This section is effective for taxes payable in 2030 and thereafter.
3875	3875	119.16Sec. 34. Minnesota Statutes 2024, section 297A.992, subdivision 5, is amended to read:
3876	3876	119.17 Subd. 5.Grant application and awards; Grant Evaluation and Ranking System
3877	3877	119.18(GEARS) Committee.(a) The joint powers board shall establish a grant application process
3878	3878	119.19and identify the amount of available funding for grant awards. Grant applications must be
3879	3879	119.20submitted in a form prescribed by the joint powers board. An applicant must provide, in
3880	3880	119.21addition to all other information required by the joint powers board, the estimated cost of
3881	3881	119.22the project, the amount of the grant sought, possible sources of funding in addition to the
3882	3882	119.23grant sought, and identification of any federal funds that will be utilized if the grant is
3883	3883	119.24awarded. A grant application seeking transit capital funding must identify the source of
3884	3884	119.25money necessary to operate the transit improvement.
3885	3885	119.26 (b) The joint powers board shall establish a timeline and procedures for the award of
3886	3886	119.27grants, and may award grants only to the state and political subdivisions. The board shall
3887	3887	119.28define objective criteria for the award of grants, which must include, but not be limited to,
3888	3888	119.29consistency with the most recent version of the transportation policy plan adopted by the
3889	3889	119.30Metropolitan Council under section 473.146. The joint powers board shall maximize the
3890	3890	119.31availability and use of federal funds in projects funded under this section.
3891	3891	119.32 (c) The joint powers board shall establish a GEARS Committee, which must consist of:
3892	3892	119Article 8 Sec. 34.
3893	3893	REVISOR MS/VJ 25-0104601/28/25 120.1 (1) one county commissioner from each county that is in the metropolitan transportation
3894	3894	120.2area, appointed by its county board;
3895	3895	120.3 (2) one elected city representative from each county that is in the metropolitan
3896	3896	120.4transportation area; and
3897	3897	120.5 (3) one additional elected city representative from each county for every additional
3898	3898	120.6400,000 in population, or fraction of 400,000, in the county that is above 400,000 in
3899	3899	120.7population; and.
3900	3900	120.8 (4) the chair of the Metropolitan Council Transportation Committee.
3901	3901	120.9 (d) Each city representative must be elected at a meeting of cities in the metropolitan
3902	3902	120.10transportation area, which must be convened for that purpose by the Association of
3903	3903	120.11Metropolitan Municipalities.
3904	3904	120.12 (e) The committee shall evaluate grant applications following objective criteria established
3905	3905	120.13by the joint powers board, and must provide to the joint powers board a selection list of
3906	3906	120.14transportation projects that includes a priority ranking.
3907	3907	120.15 (f) A grant award for a transit project located within the metropolitan area, as defined
3908	3908	120.16in section 473.121, subdivision 2, may be funded only after the Metropolitan Council reviews
3909	3909	120.17the project for consistency with the transit portion of the Metropolitan Council policy plan
3910	3910	120.18and one of the following occurs:
3911	3911	120.19 (1) the Metropolitan Council finds the project to be consistent;
3912	3912	120.20 (2) the Metropolitan Council initially finds the project to be inconsistent, but after a
3913	3913	120.21good faith effort to resolve the inconsistency through negotiations with the joint powers
3914	3914	120.22board, agrees that the grant award may be funded; or
3915	3915	120.23 (3) the Metropolitan Council finds the project to be inconsistent, and submits the
3916	3916	120.24consistency issue for final determination to a panel, which determines the project to be
3917	3917	120.25consistent. The panel is composed of a member appointed by the chair of the Metropolitan
3918	3918	120.26Council, a member appointed by the joint powers board, and a member agreed upon by both
3919	3919	120.27the chair and the joint powers board.
3920	3920	120.28 (g) (f) Grants must be funded by the proceeds of the taxes imposed under this section,
3921	3921	120.29bonds, notes, or other obligations issued by the joint powers board under subdivision 7.
3922	3922	120.30 (h) Notwithstanding the provisions of this section except subdivision 6a, of the revenue
3923	3923	120.31collected under this section, the joint powers board shall allocate to the Metropolitan Council,
3924	3924	120.32in fiscal years 2012 and 2013, an amount not less than 75 percent of the net cost of operations
3925	3925	120Article 8 Sec. 34.
3926	3926	REVISOR MS/VJ 25-0104601/28/25 121.1for those transitways that were receiving metropolitan sales tax funds through an operating
3927	3927	121.2grant agreement on June 30, 2011.
3928	3928	121.3 (i) The Metropolitan Council shall expend any funds allocated under paragraph (h) for
3929	3929	121.4the operations of the specified transitways solely within those counties that are in the
3930	3930	121.5metropolitan transportation area.
3931	3931	121.6 (j) Nothing in paragraph (h) or (i) prevents grant awards to the Metropolitan Council
3932	3932	121.7for capital and operating assistance for transitways and park-and-ride facilities.
3933	3933	121.8Sec. 35. Minnesota Statutes 2024, section 352.75, subdivision 2, is amended to read:
3934	3934	121.9 Subd. 2.New employees.All persons employed by the Metropolitan Council Department
3935	3935	121.10of Transportation as employees of the Transit Operating MnDOT Metropolitan Transit
3936	3936	121.11Division are members of the general state employees retirement plan of the Minnesota State
3937	3937	121.12Retirement System and are state employees for purposes of this chapter unless specifically
3938	3938	121.13excluded under section 352.01, subdivision 2b.
3939	3939	121.14Sec. 36. Minnesota Statutes 2024, section 398A.04, subdivision 2, is amended to read:
3940	3940	121.15 Subd. 2.Railroad acquisition and operation.The authority may plan, establish, acquire,
3941	3941	121.16develop, construct, purchase, enlarge, extend, improve, maintain, equip, operate, regulate,
3942	3942	121.17and protect railroads and railroad facilities, including but not limited to terminal buildings,
3943	3943	121.18roadways, crossings, bridges, causeways, tunnels, equipment, and rolling stock. The authority
3944	3944	121.19may not expend state or federal funds to engage in planning for or development of light rail
3945	3945	121.20transit or commuter rail transit, unless this activity is consistent with a plan adopted by the
3946	3946	121.21Department of Transportation under section 174.84 and a plan adopted by the metropolitan
3947	3947	121.22council under section 473.399, and is carried out pursuant to a memorandum of understanding
3948	3948	121.23executed by the authority and the commissioner after appropriate consultation with the
3949	3949	121.24metropolitan council.
3950	3950	121.25Sec. 37. Minnesota Statutes 2024, section 398A.04, subdivision 2a, is amended to read:
3951	3951	121.26 Subd. 2a.Bus rapid transit development.A regional rail authority may exercise the
3952	3952	121.27powers conferred under this section to: plan, establish, acquire, develop, purchase, enlarge,
3953	3953	121.28extend, improve, maintain, equip, regulate, and protect; and pay costs of construction and
3954	3954	121.29operation of a bus rapid transit system located within its county on transitways included in
3955	3955	121.30and approved by the Metropolitan Council's 2030 Transportation Policy Plan. This
3956	3956	121.31subdivision applies only to the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
3957	3957	121.32Scott, and Washington.
3958	3958	121Article 8 Sec. 37.
3959	3959	REVISOR MS/VJ 25-0104601/28/25 122.1Sec. 38. Minnesota Statutes 2024, section 398A.04, subdivision 9, is amended to read:
3960	3960	122.2 Subd. 9.Agreements.The authority may enter into joint powers agreements under
3961	3961	122.3section 471.59 or other agreements with the municipality or municipalities named in the
3962	3962	122.4organization agreement; with other municipalities situated in the counties named in the
3963	3963	122.5resolution, respecting the matters referred to in section 398A.06; with another authority; or
3964	3964	122.6with a state agency; or with the Metropolitan Council about any matter subject to this chapter.
3965	3965	122.7Sec. 39. Minnesota Statutes 2024, section 473.146, subdivision 4, is amended to read:
3966	3966	122.8 Subd. 4.Transportation planning.(a) The Metropolitan Council is the designated
3967	3967	122.9commissioner of transportation and affected local governments shall cooperate to designate
3968	3968	122.10a planning agency for any long-range comprehensive transportation planning required by
3969	3969	122.11section 134 of the Federal Highway Act of 1962, Section 4 of Urban Mass Transportation
3970	3970	122.12Act of 1964 and Section 112 of Federal Aid Highway Act of 1973 and other federal
3971	3971	122.13transportation laws. The council designated planning agency shall assure administration
3972	3972	122.14and coordination of transportation planning with appropriate state, regional and other
3973	3973	122.15agencies, counties, and municipalities.
3974	3974	122.16 (b) The council designated planning agency shall establish an advisory body consisting
3975	3975	122.17of citizens and representatives of municipalities, counties, and state agencies in fulfillment
3976	3976	122.18of the planning responsibilities of the council designated planning agency. The membership
3977	3977	122.19of the advisory body must consist of:
3978	3978	122.20 (1) the commissioner of transportation or the commissioner's designee;
3979	3979	122.21 (2) the commissioner of the Pollution Control Agency or the commissioner's designee;
3980	3980	122.22 (3) one member of the Metropolitan Airports Commission appointed by the commission;
3981	3981	122.23 (4) one person appointed by the council commissioner to represent nonmotorized
3982	3982	122.24transportation;
3983	3983	122.25 (5) one person appointed by the commissioner of transportation to represent the freight
3984	3984	122.26transportation industry;
3985	3985	122.27 (6) two persons appointed by the council commissioner to represent public transit;
3986	3986	122.28 (7) ten elected officials of cities within the metropolitan area, including one representative
3987	3987	122.29from each first-class city, appointed by the Association of Metropolitan Municipalities;
3988	3988	122.30 (8) one member of the county board of each county in the seven-county metropolitan
3989	3989	122.31area, appointed by the respective county boards;
3990	3990	122Article 8 Sec. 39.
3991	3991	REVISOR MS/VJ 25-0104601/28/25 123.1 (9) eight citizens appointed by the council commissioner, one from each council precinct
3992	3992	123.2Metropolitan Airports Commission district; and
3993	3993	123.3 (10) one elected official from a city participating in the replacement service program
3994	3994	123.4under section 473.388, appointed by the Suburban Transit Association; and.
3995	3995	123.5 (11) one member of the council, appointed by the council.
3996	3996	123.6 (c) The council designated planning agency shall appoint a chair from among the members
3997	3997	123.7of the advisory body.
3998	3998	123.8Sec. 40. Minnesota Statutes 2024, section 473.1466, is amended to read:
3999	3999	123.9 473.1466 TRANSPORTATION SYSTEM PERFORMANCE EVALUATION.
4000	4000	123.10 (a) Prior to each major revision of the transportation policy plan, the council
4001	4001	123.11commissioner of administration must carry out a performance evaluation of the metropolitan
4002	4002	123.12area's transportation system as a whole. The performance evaluation must:
4003	4003	123.13 (1) evaluate the area's ability to meet the need for effective and efficient transportation
4004	4004	123.14of goods and people;
4005	4005	123.15 (2) evaluate trends and their impacts on the area's transportation system;
4006	4006	123.16 (3) assess the region's success in meeting the currently adopted regional transportation
4007	4007	123.17benchmarks; and
4008	4008	123.18 (4) include an evaluation of the regional transit system, including a comparison with
4009	4009	123.19peer metropolitan regions with regard to key operating and investment measurements.
4010	4010	123.20 (b) The council commissioner must update the evaluation of the regional transit system
4011	4011	123.21every two years.
4012	4012	123.22 (c) The council shall commissioner must use the results of the performance evaluation
4013	4013	123.23to make recommendations for improving the system in each revision of the transportation
4014	4014	123.24policy plan.
4015	4015	123.25 (d) The council commissioner must conduct a peer review of the performance evaluation
4016	4016	123.26using at least two nationally recognized transportation and transit consultants.
4017	4017	123.27 (e) The council commissioner must submit the performance evaluation to the chairs and
4018	4018	123.28ranking minority members of the house of representatives and senate committees and
4019	4019	123.29divisions with jurisdiction over transportation finance and policy.
4020	4020	123Article 8 Sec. 40.
4021	4021	REVISOR MS/VJ 25-0104601/28/25 124.1Sec. 41. Minnesota Statutes 2024, section 473.166, is amended to read:
4022	4022	124.2 473.166 CONTROLLED ACCESS; APPROVAL.
4023	4023	124.3 Before acquiring land for or constructing a controlled access highway in the area, the
4024	4024	124.4state Transportation Department or a local government unit proposing the acquisition or
4025	4025	124.5construction shall submit to the council commissioner of transportation a statement describing
4026	4026	124.6the proposed project. The statement must be in the form and detail required by the council
4027	4027	124.7commissioner. The council commissioner of transportation, in cooperation with the
4028	4028	124.8commissioner of administration, shall review the statement to ascertain its consistency with
4029	4029	124.9its the policy plan and the development guide. No project may be undertaken unless the
4030	4030	124.10council determines commissioners of transportation and administration determine that it is
4031	4031	124.11consistent with the policy plan. This approval is in addition to the requirements of any other
4032	4032	124.12statute, ordinance or rule.
4033	4033	124.13 EFFECTIVE DATE.This section is effective the day following final enactment.
4034	4034	124.14Sec. 42. Minnesota Statutes 2024, section 473.167, subdivision 2, is amended to read:
4035	4035	124.15 Subd. 2.Loans for acquisition.(a) The council commissioner of transportation may
4036	4036	124.16make loans to counties, towns, and statutory and home rule charter cities within the
4037	4037	124.17metropolitan area for the purchase of property within the right-of-way of a state trunk
4038	4038	124.18highway shown on an official map adopted pursuant to section 394.361 or 462.359 or for
4039	4039	124.19the purchase of property within the proposed right-of-way of a principal or intermediate
4040	4040	124.20arterial highway designated by the council commissioner of transportation as a part of the
4041	4041	124.21metropolitan highway system plan and approved by the council commissioner of
4042	4042	124.22administration pursuant to section 473.166. The loans shall be made by the council
4043	4043	124.23commissioner of transportation, from the fund established pursuant to this subdivision, for
4044	4044	124.24purchases approved by the council commissioner of transportation. The loans shall bear no
4045	4045	124.25interest.
4046	4046	124.26 (b) The council commissioner of transportation shall make loans only:
4047	4047	124.27 (1) to accelerate the acquisition of primarily undeveloped property when there is a
4048	4048	124.28reasonable probability that the property will increase in value before highway construction,
4049	4049	124.29and to update an expired environmental impact statement on a project for which the
4050	4050	124.30right-of-way is being purchased;
4051	4051	124.31 (2) to avert the imminent conversion or the granting of approvals which would allow
4052	4052	124.32the conversion of property to uses which would jeopardize its availability for highway
4053	4053	124.33construction;
4054	4054	124Article 8 Sec. 42.
4055	4055	REVISOR MS/VJ 25-0104601/28/25 125.1 (3) to advance planning and environmental activities on highest priority major
4056	4056	125.2metropolitan river crossing projects, under the transportation development guide
4057	4057	125.3chapter/policy plan; or
4058	4058	125.4 (4) to take advantage of open market opportunities when developed properties become
4059	4059	125.5available for sale, provided all parties involved are agreeable to the sale and funds are
4060	4060	125.6available.
4061	4061	125.7 (c) The council commissioner of transportation shall not make loans for the purchase
4062	4062	125.8of property at a price which exceeds the fair market value of the property or which includes
4063	4063	125.9the costs of relocating or moving persons or property. The eminent domain process may be
4064	4064	125.10used to settle differences of opinion as to fair market value, provided all parties agree to the
4065	4065	125.11process.
4066	4066	125.12 (d) A private property owner may elect to receive the purchase price either in a lump
4067	4067	125.13sum or in not more than four annual installments without interest on the deferred installments.
4068	4068	125.14If the purchase agreement provides for installment payments, the council commissioner of
4069	4069	125.15transportation shall make the loan in installments corresponding to those in the purchase
4070	4070	125.16agreement. The recipient of an acquisition loan shall convey the property for the construction
4071	4071	125.17of the highway at the same price which the recipient paid for the property. The price may
4072	4072	125.18include the costs of preparing environmental documents that were required for the acquisition
4073	4073	125.19and that were paid for with money that the recipient received from the loan fund. Upon
4074	4074	125.20notification by the council commissioner of transportation that the plan to construct the
4075	4075	125.21highway has been abandoned or the anticipated location of the highway changed, the recipient
4076	4076	125.22shall sell the property at market value in accordance with the procedures required for the
4077	4077	125.23disposition of the property. All rents and other money received because of the recipient's
4078	4078	125.24ownership of the property and all proceeds from the conveyance or sale of the property shall
4079	4079	125.25be paid to the council commissioner of transportation. If a recipient is not permitted to
4080	4080	125.26include in the conveyance price the cost of preparing environmental documents that were
4081	4081	125.27required for the acquisition, then the recipient is not required to repay the council
4082	4082	125.28commissioner an amount equal to 40 percent of the money received from the loan fund and
4083	4083	125.29spent in preparing the environmental documents.
4084	4084	125.30 (e) The proceeds of the tax authorized by subdivision 3, all money paid to the council
4085	4085	125.31commissioner of transportation by recipients of loans, and all interest on the proceeds and
4086	4086	125.32payments shall be maintained as a separate fund. For administration of the loan program,
4087	4087	125.33the council commissioner of transportation may expend from the fund each year an amount
4088	4088	125.34no greater than three percent of the amount of the proceeds for that year.
4089	4089	125Article 8 Sec. 42.
4090	4090	REVISOR MS/VJ 25-0104601/28/25 126.1Sec. 43. Minnesota Statutes 2024, section 473.167, subdivision 2a, is amended to read:
4091	4091	126.2 Subd. 2a.Loans for acquisition and relocation.(a) The council commissioner of
4092	4092	126.3transportation may make loans to acquiring authorities within the metropolitan area to
4093	4093	126.4purchase homestead property located in a proposed state trunk highway right-of-way or
4094	4094	126.5project, and to provide relocation assistance. Acquiring authorities are authorized to accept
4095	4095	126.6the loans and to acquire the property. Except as provided in this subdivision, the loans shall
4096	4096	126.7be made as provided in subdivision 2. Loans shall be in the amount of the fair market value
4097	4097	126.8of the homestead property plus relocation costs and less salvage value. Before construction
4098	4098	126.9of the highway begins, the acquiring authority shall convey the property to the commissioner
4099	4099	126.10of transportation at the same price it paid, plus relocation costs and less its salvage value.
4100	4100	126.11Acquisition and assistance under this subdivision must conform to sections 117.50 to 117.56.
4101	4101	126.12 (b) The council commissioner of transportation may make loans only when:
4102	4102	126.13 (1) the owner of affected homestead property requests acquisition and relocation
4103	4103	126.14assistance from an acquiring authority;
4104	4104	126.15 (2) federal or other state financial participation is not available;
4105	4105	126.16 (3) the owner is unable to sell the homestead property at its appraised market value
4106	4106	126.17because the property is located in a proposed state trunk highway right-of-way or project
4107	4107	126.18as indicated on an official map or plat adopted under section 160.085, 394.361, or 462.359;
4108	4108	126.19and
4109	4109	126.20 (4) the council commissioner of transportation agrees to and approves the fair market
4110	4110	126.21value of the homestead property, which approval shall not be unreasonably withheld.
4111	4111	126.22 (c) For purposes of this subdivision, the following terms have the meanings given them.
4112	4112	126.23 (1) "Acquiring authority" means counties, towns, and statutory and home rule charter
4113	4113	126.24cities in the metropolitan area.
4114	4114	126.25 (2) "Homestead property" means: (i) a single-family dwelling occupied by the owner,
4115	4115	126.26and the surrounding land, not exceeding a total of ten acres; or (ii) a manufactured home,
4116	4116	126.27as defined in section 327B.01, subdivision 13.
4117	4117	126.28 (3) "Salvage value" means the probable sale price of the dwelling and other property
4118	4118	126.29that is severable from the land if offered for sale on the condition that it be removed from
4119	4119	126.30the land at the buyer's expense, allowing a reasonable time to find a buyer with knowledge
4120	4120	126.31of the possible uses of the property, including separate use of serviceable components and
4121	4121	126.32scrap when there is no other reasonable prospect of sale.
4122	4122	126Article 8 Sec. 43.
4123	4123	REVISOR MS/VJ 25-0104601/28/25 127.1Sec. 44. Minnesota Statutes 2024, section 473.168, subdivision 2, is amended to read:
4124	4124	127.2 Subd. 2.Exclusive lanes; multipassenger transit.The Metropolitan Council
4125	4125	127.3commissioner of transportation may require that any freeway constructed in the metropolitan
4126	4126	127.4area on which actual construction has not been commenced by April 12, 1974 include
4127	4127	127.5provisions for exclusive lanes for buses and, as the council commissioner may determine,
4128	4128	127.6other forms of multipassenger transit. The council commissioner, in making its this
4129	4129	127.7determination, must demonstrate that the exclusive lanes are necessary to implement the
4130	4130	127.8transportation policy plan of the development guide.
4131	4131	127.9Sec. 45. Minnesota Statutes 2024, section 473.223, is amended to read:
4132	4132	127.10 473.223 FEDERAL AID.
4133	4133	127.11 For the purposes of this section the term "governmental subdivision" includes
4134	4134	127.12municipalities, counties and other political subdivisions generally. If federal aid for
4135	4135	127.13transportation programs and projects is otherwise unavailable to an existing agency or
4136	4136	127.14governmental subdivision, the Metropolitan Council commissioner of transportation may
4137	4137	127.15cooperate with the government of the United States and any agency or department thereof
4138	4138	127.16and the affected agency or other governmental subdivision in establishing metropolitan area
4139	4139	127.17eligibility to receive federal aid, and may comply with the provisions of the laws of the
4140	4140	127.18United States and any rules and regulations made thereunder for the expenditure of federal
4141	4141	127.19moneys upon such projects as are proposed for federal assistance. The Metropolitan Council
4142	4142	127.20commissioner of transportation may accept federal aid and other aid, either public or private,
4143	4143	127.21for and in behalf of the metropolitan area or any governmental subdivision of the state, for
4144	4144	127.22transportation programs and projects within the metropolitan area upon such terms and
4145	4145	127.23conditions as are or may be prescribed by the laws of the United States and any rules or
4146	4146	127.24regulations made thereunder, and is authorized to act as agent of any governmental
4147	4147	127.25subdivision of the state with jurisdiction in the metropolitan area upon request of such
4148	4148	127.26subdivision in accepting the aid in its behalf for such programs or projects financed either
4149	4149	127.27in whole or in part by federal aid. The governing body of any such subdivision is authorized
4150	4150	127.28to designate the Metropolitan Council commissioner of transportation as its agent for such
4151	4151	127.29purposes and to enter into an agreement with the council commissioner of transportation
4152	4152	127.30prescribing the terms and conditions of the agency relationship in accordance with state and
4153	4153	127.31federal laws, rules and regulations. The Metropolitan Council commissioner of transportation
4154	4154	127.32is authorized to designate an appropriate state agency as its agent for such purposes and to
4155	4155	127.33enter into an agreement with such agency prescribing the terms and conditions of the agency
4156	4156	127.34relationship in accordance with state and federal laws, rules and regulations.
4157	4157	127Article 8 Sec. 45.
4158	4158	REVISOR MS/VJ 25-0104601/28/25 128.1 Nothing contained herein shall limit any separate authority of agencies or governmental
4159	4159	128.2subdivisions of the state to contract for and receive federal aid.
4160	4160	128.3Sec. 46. [473.37] DEFINITIONS.
4161	4161	128.4 Subdivision 1.Definitions.For purposes of sections 473.371 to 473.449, the terms
4162	4162	128.5defined in this section have the meanings given.
4163	4163	128.6 Subd. 2.Commissioner."Commissioner" means the commissioner of transportation.
4164	4164	128.7 Subd. 3.Department."Department" means the Department of Transportation.
4165	4165	128.8Sec. 47. Minnesota Statutes 2024, section 473.375, is amended to read:
4166	4166	128.9 473.375 POWERS AND DUTIES OF COUNCIL COMMISSIONER ; ADVISORY
4167	4167	128.10COMMITTEE.
4168	4168	128.11 Subd. 9a.Transportation Accessibility Advisory Committee.The council commissioner
4169	4169	128.12shall establish a Transportation Accessibility Advisory Committee consisting of 15 members
4170	4170	128.13and a chair to advise the council commissioner on the development and management of
4171	4171	128.14policies regarding accessibility of all aspects of fixed regular route and special transportation
4172	4172	128.15services for persons with disabilities. The Transportation Accessibility Advisory Committee
4173	4173	128.16shall also advise the council commissioner on long-range plans to meet the accessible
4174	4174	128.17transportation needs of the disability community. The Transportation Accessibility Advisory
4175	4175	128.18Committee must include elderly persons, persons with disabilities, other users of special
4176	4176	128.19transportation services, and representatives of appropriate agencies for elderly persons and
4177	4177	128.20persons with disabilities. At least half the Transportation Accessibility Advisory Committee
4178	4178	128.21members must be persons who are both ADA-certified and users of public transit in the
4179	4179	128.22metropolitan area. Two of the appointments to the Transportation Accessibility Advisory
4180	4180	128.23Committee must be made by the Council on Disability in consultation with the chair of the
4181	4181	128.24Metropolitan Council.
4182	4182	128.25 Subd. 9b.Safe accessibility training.(a) The council commissioner must ensure that
4183	4183	128.26vehicle operators who provide bus service receive training on assisting persons with
4184	4184	128.27disabilities and mobility limitations to enter and leave the vehicle. The training must cover
4185	4185	128.28assistance in circumstances where regular access to or from the vehicle is unsafe due to
4186	4186	128.29snow, ice, or other obstructions. This subdivision applies to vehicle operators employed by
4187	4187	128.30the Metropolitan Council commissioner or by a replacement service provider.
4188	4188	128.31 (b) The council commissioner must consult with the Transportation Accessibility
4189	4189	128.32Advisory Committee on the training.
4190	4190	128Article 8 Sec. 47.
4191	4191	REVISOR MS/VJ 25-0104601/28/25 129.1 Subd. 11.Ride sharing.The council commissioner shall administer a ride-sharing
4192	4192	129.2program in the metropolitan area, except for the including a statewide vanpool leasing
4193	4193	129.3program conducted by the commissioner of transportation and shall cooperate with the
4194	4194	129.4commissioner in the conduct of ride-sharing activities in areas where the commissioner's
4195	4195	129.5programs and the council's program overlap. The council commissioner may contract for
4196	4196	129.6services in operating the program.
4197	4197	129.7 Subd. 12.Assistance.The council commissioner shall offer, use, and apply its the
4198	4198	129.8department's services to assist and advise transit providers in the metropolitan transit area
4199	4199	129.9in the planning, promotion, development, operation, and evaluation of programs and projects
4200	4200	129.10which are undertaken or proposed to be undertaken by contract with the council, and shall
4201	4201	129.11seek out and select recipients of this assistance and advice.
4202	4202	129.12 Subd. 13.Financial assistance.The council commissioner may provide financial
4203	4203	129.13assistance to public transit providers as provided in sections 473.371 to 473.449. The council
4204	4204	129.14may not use the proceeds of bonds issued under section 473.39 to provide capital assistance
4205	4205	129.15to private, for-profit operators of public transit, unless the operators provide service under
4206	4206	129.16a contract with the council, the former regional transit board, or recipients of financial
4207	4207	129.17assistance under sections 473.371 to 473.449.
4208	4208	129.18 No political subdivision within the metropolitan area may apply for federal transit
4209	4209	129.19assistance unless its application has been submitted to and approved by the council
4210	4210	129.20commissioner.
4211	4211	129.21 Subd. 14.Coordination.The council commissioner shall coordinate transit operations
4212	4212	129.22within the metropolitan area and shall establish a transit information program to provide
4213	4213	129.23transit users with accurate information on transit schedules and service.
4214	4214	129.24 Subd. 15.Performance standards.The council commissioner may establish performance
4215	4215	129.25standards for recipients of financial assistance.
4216	4216	129.26Sec. 48. Minnesota Statutes 2024, section 473.384, is amended to read:
4217	4217	129.27 473.384 CONTRACTS.
4218	4218	129.28 Subdivision 1.Contracts required.The council commissioner shall make contracts
4219	4219	129.29with eligible recipients for financial assistance to transit service within the metropolitan
4220	4220	129.30area. The council commissioner may not give financial assistance to another transit provider
4221	4221	129.31without first having executed a contract. The provisions of this section do not apply to
4222	4222	129.32contracts made under sections section 473.386 and 473.388.
4223	4223	129Article 8 Sec. 48.
4224	4224	REVISOR MS/VJ 25-0104601/28/25 130.1 Subd. 2.Eligibility.To be eligible to receive financial assistance by contract under this
4225	4225	130.2section a recipient must be:
4226	4226	130.3 (a) a county, statutory or home rule charter city or town or combination thereof, or public
4227	4227	130.4authority organized and existing pursuant to chapter 398A, providing financial assistance
4228	4228	130.5to or providing or operating public transit; or
4229	4229	130.6 (b) a private provider of public transit; or
4230	4230	130.7 (c) a transit provider formerly under contract with one or more local government units
4231	4231	130.8to provide replacement service under the replacement service program established in
4232	4232	130.9Minnesota Statutes 2022, section 473.388.
4233	4233	130.10 Subd. 3.Applications.The council commissioner shall establish procedures and standards
4234	4234	130.11for review and approval of applications for financial assistance under this section. An
4235	4235	130.12applicant must provide the council commissioner with the financial and other information
4236	4236	130.13the council commissioner requires to carry out its the commissioner's duties. The council
4237	4237	130.14commissioner may specify procedures, including public hearing requirements, to be followed
4238	4238	130.15by applicants that are cities, towns, or counties or combinations thereof in conducting transit
4239	4239	130.16studies and formulating service plans under subdivisions 4 and 5.
4240	4240	130.17 Subd. 4.Transit study.The council commissioner shall require that prior to applying
4241	4241	130.18for financial assistance by contract under clause (a) of subdivision 2, the applicant must
4242	4242	130.19prepare and submit a transit study which includes the following elements:
4243	4243	130.20 (a) a determination of existing and future transit needs within the area to be served, and
4244	4244	130.21an assessment of the adequacy of existing service to meet the needs;
4245	4245	130.22 (b) an assessment of the level and type of service required to meet unmet needs;
4246	4246	130.23 (c) an assessment of existing and future resources available for the financing of transit
4247	4247	130.24service; and
4248	4248	130.25 (d) the type or types of any new government arrangements or agreements needed to
4249	4249	130.26provide adequate service.
4250	4250	130.27 The transit study for any applicant may be done by the council commissioner.
4251	4251	130.28 Subd. 5.Service plan.The council commissioner shall, before making a contract with
4252	4252	130.29an eligible recipient, require the submission of a service plan which includes the following
4253	4253	130.30elements:
4254	4254	130.31 (a) a description of the service proposed for financial assistance, including vehicles,
4255	4255	130.32routes, and schedules;
4256	4256	130Article 8 Sec. 48.
4257	4257	REVISOR MS/VJ 25-0104601/28/25 131.1 (b) an assessment of the extent to which the proposed service meets the needs as
4258	4258	131.2determined by the transit study;
4259	4259	131.3 (c) a description of the contract administration and review process if the operation of
4260	4260	131.4the proposed service is to be done by a private contractor;
4261	4261	131.5 (d) a description of the amount required to establish and operate the proposed service
4262	4262	131.6and the proposed sources of the required amount including operating revenue, other local
4263	4263	131.7sources, and assistance from the council commissioner and from federal sources;
4264	4264	131.8 (e) the fare structure of the proposed service; and
4265	4265	131.9 (f) projections of usage of the system.
4266	4266	131.10 The council commissioner may specify procedures, including public hearing requirements,
4267	4267	131.11to be followed by applicants that are cities, towns, or counties or combinations thereof in
4268	4268	131.12conducting transit studies and formulating service plans.
4269	4269	131.13 Subd. 6.Financial assistance for certain providers.The council commissioner shall
4270	4270	131.14provide financial assistance to recipients who were receiving assistance by contract with
4271	4271	131.15the commissioner of transportation under Minnesota Statutes 1982, section 174.24,
4272	4272	131.16subdivision 3, on July 1, 1984, so that the percentage of total operating cost, as defined by
4273	4273	131.17the council commissioner, paid by the recipient from all local sources of revenue, including
4274	4274	131.18operating revenue, does not exceed the percentage for the recipient's classification as
4275	4275	131.19determined by the commissioner of transportation under the commissioner's final contract
4276	4276	131.20with the recipient. The remainder of the total operating cost must be paid by the council
4277	4277	131.21commissioner less all assistance received by the recipient for that purpose from any federal
4278	4278	131.22source.
4279	4279	131.23 If a recipient informs the council commissioner in writing prior to the distribution of
4280	4280	131.24financial assistance for any year that paying its designated percentage of total operating
4281	4281	131.25cost from local sources will cause undue hardship, the council commissioner may adjust
4282	4282	131.26the percentage as it deems equitable. If for any year the funds available to the council
4283	4283	131.27commissioner are insufficient to allow the council commissioner to pay its share of total
4284	4284	131.28operating cost for those recipients, the council commissioner shall reduce its share in each
4285	4285	131.29classification to the extent necessary.
4286	4286	131.30 Subd. 7.Transit operations impact assessment.Prior to entering into a contract for
4287	4287	131.31operating assistance with a recipient, the council commissioner shall evaluate the effect, if
4288	4288	131.32any, of the contract on the ridership, routes, schedules, fares, and staffing levels of the
4289	4289	131.33existing and proposed service provided by the council commissioner. The council
4290	4290	131Article 8 Sec. 48.
4291	4291	REVISOR MS/VJ 25-0104601/28/25 132.1commissioner may enter into the contract only if it determines that the service to be assisted
4292	4292	132.2under the contract will not impose an undue hardship on the ridership or financial condition
4293	4293	132.3of the council's commissioner's transit operations. The requirements of this subdivision do
4294	4294	132.4not apply to contracts for assistance to recipients who, as part of a negotiated cost-sharing
4295	4295	132.5arrangement with the council commissioner, pay a substantial part of the cost of services
4296	4296	132.6that directly benefit the recipient as an institution or organization.
4297	4297	132.7 Subd. 8.Paratransit contracts.In executing and administering contracts for paratransit
4298	4298	132.8projects, the council commissioner has the powers and duties given to the commissioner of
4299	4299	132.9transportation specified in section 174.255, subdivisions 1 and 2, relating to disability
4300	4300	132.10accessibility and insurance coverage. The provisions of section 174.255, subdivision 3,
4301	4301	132.11apply to paratransit projects which receive assistance by contract with the council
4302	4302	132.12commissioner.
4303	4303	132.13Sec. 49. Minnesota Statutes 2024, section 473.385, is amended to read:
4304	4304	132.14 473.385 TRANSIT SERVICE AREAS.
4305	4305	132.15 Subdivision 1.Definitions.(a) "Fully developed service area" means the fully developed
4306	4306	132.16area, as defined in the Metropolitan Council's development guide prepared by the
4307	4307	132.17commissioner of administration, plus the cities of Mendota Heights, Maplewood, North St.
4308	4308	132.18Paul, and Little Canada.
4309	4309	132.19 (b) "Regular route transit" has the meaning given it in section 174.22, subdivision 8,
4310	4310	132.20except that, for purposes of this section, the term does not include services on fixed routes
4311	4311	132.21and schedules that are primarily intended to provide circulator service within a community
4312	4312	132.22or adjacent communities rather than feeder service to the system of metropolitan regular
4313	4313	132.23route transit operated by the council commissioner of transportation.
4314	4314	132.24 Subd. 2.Service areas.The council commissioner may provide financial assistance
4315	4315	132.25(whether directly or through another entity) to private, for-profit operators of public transit
4316	4316	132.26only for the following services:
4317	4317	132.27 (1) services that are not regular route services;
4318	4318	132.28 (2) regular route services provided on June 2, 1989, by a private, for-profit operator
4319	4319	132.29under contract with the former regional transit board or under a certificate of convenience
4320	4320	132.30and necessity issued by the commissioner of transportation;
4321	4321	132.31 (3) regular route services outside of the fully developed service area that are not operated
4322	4322	132.32on June 2, 1989, by the former Metropolitan Transit Commission;
4323	4323	132Article 8 Sec. 49.
4324	4324	REVISOR MS/VJ 25-0104601/28/25 133.1 (4) regular route services provided under section 473.388;
4325	4325	133.2 (5) (4) regular route services to recipients who, as part of a negotiated cost-sharing
4326	4326	133.3arrangement with the council commissioner, pay at least 50 percent of the cost of the service
4327	4327	133.4that directly benefits the recipient as an institution or organization; or
4328	4328	133.5 (6) (5) regular route services that will not be operated for a reasonable subsidy by the
4329	4329	133.6council commissioner.
4330	4330	133.7Sec. 50. Minnesota Statutes 2024, section 473.386, is amended to read:
4331	4331	133.8 473.386 SPECIAL TRANSPORTATION SERVICE.
4332	4332	133.9 Subdivision 1.Service objectives.The council commissioner shall implement a special
4333	4333	133.10transportation service, as defined in section 174.29, in the metropolitan area. The service
4334	4334	133.11has the following objectives:
4335	4335	133.12 (a) to provide greater access to transportation for the elderly, people with disabilities,
4336	4336	133.13and others with special transportation needs in the metropolitan area;
4337	4337	133.14 (b) to develop an integrated system of special transportation service providing
4338	4338	133.15transportation tailored to meet special individual needs in the most cost-efficient manner;
4339	4339	133.16and
4340	4340	133.17 (c) to use existing public, private, and private nonprofit providers of service when feasible
4341	4341	133.18and cost-efficient, to supplement rather than replace existing service, and to increase the
4342	4342	133.19productivity of all special transportation vehicles available in the area.
4343	4343	133.20 Subd. 2.Service contracts; management.(a) The council commissioner may contract
4344	4344	133.21for services necessary for the provision of special transportation. Transportation service
4345	4345	133.22provided under a contract must specify the service to be provided, the standards that must
4346	4346	133.23be met, and the rates for operating and providing special transportation services.
4347	4347	133.24 (b) The council commissioner shall establish management policies for the service and
4348	4348	133.25may contract with a service administrator for day-to-day administration and management
4349	4349	133.26of the service. Any contract must delegate to the service administrator clear authority to
4350	4350	133.27administer and manage the delivery of the service pursuant to council department
4351	4351	133.28management policies and must establish performance and compliance standards for the
4352	4352	133.29service administrator. The council commissioner may provide directly day to day
4353	4353	133.30administration and management of the service and may own or lease vehicles used to provide
4354	4354	133.31the service.
4355	4355	133Article 8 Sec. 50.
4356	4356	REVISOR MS/VJ 25-0104601/28/25 134.1 (c) The council commissioner shall ensure that the service administrator establishes a
4357	4357	134.2system for registering and expeditiously responding to complaints by users, informing users
4358	4358	134.3of how to register complaints, and requiring providers to report on incidents that impair the
4359	4359	134.4safety and well-being of users or the quality of the service.
4360	4360	134.5 (d) The council commissioner shall report on its the department's special transportation
4361	4361	134.6services as part of the program evaluation provided for in section 473.13, subdivision 1a.
4362	4362	134.7 (e) The council commissioner shall provide, on an annual basis, an opportunity for users
4363	4363	134.8and other interested persons to provide testimony to the council commissioner concerning
4364	4364	134.9services provided under this section.
4365	4365	134.10 Subd. 2a.Eligibility application and verification; penalty for fraudulent
4366	4366	134.11certification.(a) If the council commissioner requires a person to be certified as eligible
4367	4367	134.12for special transportation services, an applicant for certification must submit an application
4368	4368	134.13form and the applicant's eligibility must be verified by a type of professional specified by
4369	4369	134.14the council commissioner. The council commissioner shall:
4370	4370	134.15 (1) require the applicant to sign the application form and certify that the application
4371	4371	134.16information is accurate; and
4372	4372	134.17 (2) require the person verifying the applicant's eligibility to sign the eligibility verification
4373	4373	134.18form and certify that the verifying information is accurate.
4374	4374	134.19 (b) The penalty provided for in section 174.295, subdivision 4, applies to the certifications
4375	4375	134.20by the applicant and the person verifying the applicant's eligibility. The council commissioner
4376	4376	134.21must include a notice of the penalty for fraudulent certification in the application form and
4377	4377	134.22the eligibility verification form.
4378	4378	134.23 Subd. 3.Duties of council commissioner.In implementing the special transportation
4379	4379	134.24service, the council commissioner must:
4380	4380	134.25 (1) encourage participation in the service by public, private, and private nonprofit
4381	4381	134.26providers of special transportation currently receiving capital or operating assistance from
4382	4382	134.27a public agency;
4383	4383	134.28 (2) when feasible and cost-efficient, contract with public, private, and private nonprofit
4384	4384	134.29providers that have demonstrated their ability to effectively provide service at a reasonable
4385	4385	134.30cost;
4386	4386	134.31 (3) encourage individuals using special transportation to use the type of service most
4387	4387	134.32appropriate to their particular needs;
4388	4388	134Article 8 Sec. 50.
4389	4389	REVISOR MS/VJ 25-0104601/28/25 135.1 (4) encourage shared rides to the greatest extent practicable;
4390	4390	135.2 (5) encourage public agencies that provide transportation to eligible individuals as a
4391	4391	135.3component of human services and educational programs to coordinate with this service and
4392	4392	135.4to allow reimbursement for transportation provided through the service at rates that reflect
4393	4393	135.5the public cost of providing that transportation;
4394	4394	135.6 (6) establish criteria to be used in determining individual eligibility for special
4395	4395	135.7transportation services;
4396	4396	135.8 (7) consult with the Transportation Accessibility Advisory Committee in a timely manner
4397	4397	135.9before changes are made in the provision of special transportation services;
4398	4398	135.10 (8) provide for effective administration and enforcement of council department policies
4399	4399	135.11and standards; and
4400	4400	135.12 (9) ensure that, taken as a whole including contracts with public, private, and private
4401	4401	135.13nonprofit providers, the geographic coverage area of the special transportation service is
4402	4402	135.14continuous within the boundaries of the transit taxing district, as defined as of March 1,
4403	4403	135.152006, in section 473.446, subdivision 2, metropolitan area and any area added to the transit
4404	4404	135.16taxing district under section 473.4461 that received capital improvements financed in part
4405	4405	135.17under the United States Department of Transportation Urban Partnership Agreement program.
4406	4406	135.18 Subd. 4.Coordination required.The council commissioner may not grant any financial
4407	4407	135.19assistance to any recipient that proposes to use any part of the grant to provide special
4408	4408	135.20transportation service in the metropolitan area unless the program is coordinated with the
4409	4409	135.21council's commissioner's special transportation service in the manner determined by the
4410	4410	135.22council commissioner. The council commissioner is not required to provide funding for
4411	4411	135.23transportation services from a residence to a service site and home again when the services
4412	4412	135.24are used by individuals in conjunction with their participation in human service
4413	4413	135.25developmental achievement center programs in which transportation to and from the program
4414	4414	135.26is a required and funded component of those programs.
4415	4415	135.27 Subd. 5.Equitable allocation and annual reallocation.The council commissioner
4416	4416	135.28shall distribute all available funding under this section in a manner designed to achieve an
4417	4417	135.29equitable allocation of special transportation services based on the proportion of the number
4418	4418	135.30of elderly, disabled, or economically disadvantaged individuals with special transportation
4419	4419	135.31needs who actually use the special transportation service.
4420	4420	135.32 Subd. 6.Operating and service standards.A person operating or assisting the operation
4421	4421	135.33of a vehicle may leave the vehicle to enter premises in order to help a passenger who does
4422	4422	135Article 8 Sec. 50.
4423	4423	REVISOR MS/VJ 25-0104601/28/25 136.1not require emergency ambulance service. Operators and assistants shall provide the help
4424	4424	136.2necessary for door-through-door service, including help in entering and leaving the vehicle
4425	4425	136.3and help through the exterior entrance and over any exterior steps at either departure or
4426	4426	136.4destination buildings, provided that both the steps and the wheelchair are in good repair. If
4427	4427	136.5an operator or assistant refuses help because of the condition of the steps or the wheelchair,
4428	4428	136.6the operator of the service shall send letters to the service administrator designated by the
4429	4429	136.7council commissioner, who shall notify the person denied service describing the corrective
4430	4430	136.8measures necessary to qualify for service.
4431	4431	136.9 Subd. 8.Vehicle title transfer; conditions.The Metropolitan Council commissioner
4432	4432	136.10may transfer to a special transportation service provider or a provider of taxi services the
4433	4433	136.11title to a vehicle formerly used to provide special transportation service under this section.
4434	4434	136.12If the council commissioner transfers title to a provider of taxi services, it may do so only
4435	4435	136.13to a provider of taxi services that is licensed by a city whose taxi licensing ordinance requires
4436	4436	136.14(1) criminal background checks and annual driving record checks for drivers, and (2)
4437	4437	136.15inspection of vehicles at least annually.
4438	4438	136.16 Subd. 9.Fares.The council commissioner must establish fares for special transportation
4439	4439	136.17services in accordance with federal law. The council commissioner must use all fares
4440	4440	136.18collected for special transportation services exclusively for purposes related to special
4441	4441	136.19transportation services.
4442	4442	136.20 Subd. 10.Forecasted funding.(a) For purposes of this subdivision, "biennium" and
4443	4443	136.21"fiscal year" have the meanings given in section 16A.011, subdivisions 6 and 14, respectively.
4444	4444	136.22 (b) In each February and November forecast of state revenues and expenditures under
4445	4445	136.23section 16A.103, the commissioner of management and budget must incorporate a state
4446	4446	136.24obligation from the general fund for the annual net costs to the council commissioner of
4447	4447	136.25transportation to implement the special transportation service under this section.
4448	4448	136.26Notwithstanding section 16A.11, subdivision 3, the appropriation base in each fiscal year
4449	4449	136.27of the upcoming biennium is as determined in this subdivision.
4450	4450	136.28 (c) The commissioner of management and budget must determine net costs under
4451	4451	136.29paragraph (b) as:
4452	4452	136.30 (1) the amount necessary to:
4453	4453	136.31 (i) maintain service levels accounting for expected demand, including service area, hours
4454	4454	136.32of service, ride scheduling requirements, and fares per council policy;
4455	4455	136Article 8 Sec. 50.
4456	4456	REVISOR MS/VJ 25-0104601/28/25 137.1 (ii) maintain the general existing condition of the special transportation service bus fleet,
4457	4457	137.2including bus maintenance and replacement; and
4458	4458	137.3 (iii) meet the requirements of this section; plus
4459	4459	137.4 (2) the amount of forecast adjustments, as determined by the commissioner of
4460	4460	137.5management and budget in consultation with the council commissioner of transportation,
4461	4461	137.6necessary to match (i) actual special transportation service program costs in the prior fiscal
4462	4462	137.7year, and (ii) adjusted program costs forecasted for the second year of the current biennium,
4463	4463	137.8for a forecast prepared in the first year of the biennium; less
4464	4464	137.9 (3) funds identified for the special transportation service from nonstate sources.
4465	4465	137.10 (d) In conjunction with each February and November forecast, the council commissioner
4466	4466	137.11of transportation must submit a financial review of the special transportation service to the
4467	4467	137.12chairs and ranking minority members of the legislative committees with jurisdiction over
4468	4468	137.13transportation policy and finance and to the commissioner of management and budget. At
4469	4469	137.14a minimum, the financial review must include:
4470	4470	137.15 (1) a summary of special transportation service sources of funds and expenditures for
4471	4471	137.16the prior two fiscal years and each fiscal year of the forecast period, which must include:
4472	4472	137.17 (i) a breakout by expenditures categories; and
4473	4473	137.18 (ii) information that is sufficient to identify a conversion between state fiscal years and
4474	4474	137.19the fiscal years of the council commissioner of transportation;
4475	4475	137.20 (2) details on cost assumptions used in the forecast;
4476	4476	137.21 (3) information on ridership and farebox recovery rates for the prior two fiscal years
4477	4477	137.22and each fiscal year of the forecast period;
4478	4478	137.23 (4) identification of the amount of appropriations necessary for any forecast adjustments
4479	4479	137.24as identified under paragraph (c), clause (2); and
4480	4480	137.25 (5) information as prescribed by the commissioner of management and budget.
4481	4481	137.26Sec. 51. Minnesota Statutes 2024, section 473.387, subdivision 2, is amended to read:
4482	4482	137.27 Subd. 2.Administration.The council commissioner shall design and administer the
4483	4483	137.28programs under this section. The council commissioner may request proposals for projects
4484	4484	137.29to demonstrate methods of achieving the purposes of programs administered under this
4485	4485	137.30section. The council commissioner shall design or ensure the design of programs that will
4486	4486	137.31provide better access for the targeted service groups to places of employment and activity
4487	4487	137Article 8 Sec. 51.
4488	4488	REVISOR MS/VJ 25-0104601/28/25 138.1throughout the metropolitan area, using regular route transit, paratransit, taxis, car or van
4489	4489	138.2pools, or other means of conveyance. The council commissioner may organize the services
4490	4490	138.3by providing to individuals, directly or indirectly, reduced fares or passes on public transit
4491	4491	138.4or vouchers to be used to purchase transportation; by contracting with public and private
4492	4492	138.5providers; by arrangements with government agencies, civic and community organizations
4493	4493	138.6or nonprofit groups providing assistance to the targeted service groups; by arrangements
4494	4494	138.7with prospective employers, with employment, education, retail, medical, or other activity
4495	4495	138.8centers, or with local governments; or by any other methods designed to improve service
4496	4496	138.9and reduce costs to the targeted service groups.
4497	4497	138.10Sec. 52. Minnesota Statutes 2024, section 473.387, subdivision 3, is amended to read:
4498	4498	138.11 Subd. 3.Job seekers.The council commissioner shall establish a program and policies
4499	4499	138.12to increase the availability and utility of public transit services and reduce transportation
4500	4500	138.13costs for persons who are seeking employment and who lack private means of transportation.
4501	4501	138.14Sec. 53. Minnesota Statutes 2024, section 473.387, subdivision 4, is amended to read:
4502	4502	138.15 Subd. 4.Transit disadvantaged.The council commissioner shall establish a program
4503	4503	138.16and policies to reduce transportation costs for persons who are, because of limited incomes,
4504	4504	138.17age, disability, or other reasons, especially dependent on public transit for common mobility.
4505	4505	138.18Data on applicants and users of council department programs under this subdivision are
4506	4506	138.19classified as private data on individuals under section 13.72, subdivision 20.
4507	4507	138.20Sec. 54. Minnesota Statutes 2024, section 473.3875, is amended to read:
4508	4508	138.21 473.3875 TRANSIT FOR LIVABLE COMMUNITIES.
4509	4509	138.22 The council commissioner shall establish a transit for livable communities demonstration
4510	4510	138.23program fund. The council commissioner shall adopt guidelines for selecting and evaluating
4511	4511	138.24demonstration projects for funding. The selection guidelines must include provisions
4512	4512	138.25evaluating projects:
4513	4513	138.26 (1) interrelating development or redevelopment and transit;
4514	4514	138.27 (2) interrelating affordable housing and employment growth areas;
4515	4515	138.28 (3) helping intensify land use that leads to more compact development or redevelopment;
4516	4516	138.29 (4) coordinating school transportation and public transit service; or
4517	4517	138.30 (5) implementing recommendations of the transit redesign plan; or.
4518	4518	138Article 8 Sec. 54.
4519	4519	REVISOR MS/VJ 25-0104601/28/25 139.1 (6) otherwise promoting the goals of the Metropolitan Livable Communities Act.
4520	4520	139.2Sec. 55. Minnesota Statutes 2024, section 473.39, subdivision 1, is amended to read:
4521	4521	139.3 Subdivision 1.General authority.The council Metropolitan Area Transit Board
4522	4522	139.4established in section 473.446, subdivision 1c, may issue general obligation bonds subject
4523	4523	139.5to the volume limitations in this section to provide funds to implement the council's transit
4524	4524	139.6capital improvement program for the metropolitan area and may issue general obligation
4525	4525	139.7bonds not subject to the limitations for the refunding of outstanding bonds or certificates
4526	4526	139.8of indebtedness of the former Metropolitan Council, the former regional transit board or
4527	4527	139.9the former metropolitan transit commission, and judgments against the former regional
4528	4528	139.10transit board or the former metropolitan transit commission or the former Metropolitan
4529	4529	139.11Council. The council Metropolitan Area Transit Board may not issue obligations pursuant
4530	4530	139.12to this subdivision, other than refunding bonds, in excess of the amount specifically
4531	4531	139.13authorized by law. Except as otherwise provided in sections 473.371 to 473.449, the council
4532	4532	139.14board shall provide for the issuance, sale, and security of the bonds in the manner provided
4533	4533	139.15in chapter 475, and has the same powers and duties as a municipality issuing bonds under
4534	4534	139.16that law, except that no election is required and the net debt limitations in chapter 475 do
4535	4535	139.17not apply to the bonds. The obligations are not a debt of the state or any municipality or
4536	4536	139.18political subdivision within the meaning of any debt limitation or requirement pertaining
4537	4537	139.19to those entities. Neither the state, nor any municipality or political subdivision except the
4538	4538	139.20council Metropolitan Area Transit Board, nor any member or officer or employee of the
4539	4539	139.21council board, is liable on the obligations. The obligations may be secured by taxes levied
4540	4540	139.22without limitation of rate or amount upon all taxable property in the transit taxing district
4541	4541	139.23and transit area as provided in section 473.446, subdivision 1, paragraph (a). As part of its
4542	4542	139.24levy made under section 473.446, subdivision 1, paragraph (a), the council Metropolitan
4543	4543	139.25Area Transit Board shall levy the amounts necessary to provide full and timely payment of
4544	4544	139.26the obligations and transfer the proceeds to the appropriate council board account for payment
4545	4545	139.27of the obligations. The taxes must be levied, certified, and collected in accordance with the
4546	4546	139.28terms and conditions of the indebtedness.
4547	4547	139.29Sec. 56. Minnesota Statutes 2024, section 473.39, subdivision 2, is amended to read:
4548	4548	139.30 Subd. 2.Legal investments.Certificates of indebtedness, bonds, or other obligations
4549	4549	139.31issued by the council under this section to which tax levies have been pledged pursuant to
4550	4550	139.32section 473.446, are proper for investment of any funds by a bank, savings bank, savings
4551	4551	139.33association, credit union, trust company, insurance company, or public or municipal
4552	4552	139Article 8 Sec. 56.
4553	4553	REVISOR MS/VJ 25-0104601/28/25 140.1corporation, and may be pledged by any bank, savings bank, savings association, credit
4554	4554	140.2union, or trust company as security for the deposit of public money.
4555	4555	140.3Sec. 57. Minnesota Statutes 2024, section 473.39, subdivision 2a, is amended to read:
4556	4556	140.4 Subd. 2a.Uses of investment income.Interest or other investment earnings on the
4557	4557	140.5proceeds of bonds issued under this section and on a debt service account for bonds issued
4558	4558	140.6under this section must be used only to:
4559	4559	140.7 (1) pay capital expenditures and related expenses for which the obligations were
4560	4560	140.8authorized by this section;
4561	4561	140.9 (2) to pay debt service on the obligations or to reduce the council's property tax levy
4562	4562	140.10imposed to pay debt service on obligations issued under this section;
4563	4563	140.11 (3) pay rebate or yield reduction payments for the bonds to the United States;
4564	4564	140.12 (4) redeem or purchase the bonds; or
4565	4565	140.13 (5) make other payments with respect to the bonds that are necessary or desirable to
4566	4566	140.14comply with federal tax rules applicable to the bonds or to comply with covenants made
4567	4567	140.15with respect to the bonds.
4568	4568	140.16Sec. 58. Minnesota Statutes 2024, section 473.39, subdivision 5, is amended to read:
4569	4569	140.17 Subd. 5.Anticipation of grants.In addition to other authority granted in this section,
4570	4570	140.18the council Metropolitan Area Transit Board may exercise the authority granted to an issuing
4571	4571	140.19political subdivision by section 475.522.
4572	4572	140.20Sec. 59. Minnesota Statutes 2024, section 473.39, subdivision 6, is amended to read:
4573	4573	140.21 Subd. 6.Limitation; light rail transit.The council board is prohibited from expending
4574	4574	140.22any proceeds from certificates of indebtedness, bonds, or other obligations under subdivisions
4575	4575	140.231u, 1w, and 1x for project development, land acquisition, or construction to (1) establish a
4576	4576	140.24light rail transit line; or (2) expand a light rail transit line, including by extending a line or
4577	4577	140.25adding additional stops.
4578	4578	140.26Sec. 60. Minnesota Statutes 2024, section 473.39, subdivision 7, is amended to read:
4579	4579	140.27 Subd. 7.Limitation on certain debt obligations.The council board is prohibited from
4580	4580	140.28issuing certificates of participation for light rail transit secured in whole or in part by (1) a
4581	4581	140.29pledge of motor vehicle sales tax revenue received under sections 16A.88 and 297B.09, or
4582	4582	140Article 8 Sec. 60.
4583	4583	REVISOR MS/VJ 25-0104601/28/25 141.1(2) a pledge of any earnings from the council's board's investment of motor vehicle sales
4584	4584	141.2tax revenues.
4585	4585	141.3Sec. 61. Minnesota Statutes 2024, section 473.391, is amended to read:
4586	4586	141.4 473.391 ROUTE PLANNING AND SCHEDULING.
4587	4587	141.5 Subdivision 1.Contracts.The council commissioner may contract with other operators
4588	4588	141.6or local governments for route planning and scheduling services in any configuration of
4589	4589	141.7new or reconfiguration of existing transit services and routes.
4590	4590	141.8 Subd. 2.Route elimination; service reduction.The council commissioner shall, before
4591	4591	141.9making a determination to eliminate or reduce service on existing transit routes, consider:
4592	4592	141.10 (1) the level of subsidy per passenger on each route;
4593	4593	141.11 (2) the availability and proximity of alternative transit routes; and
4594	4594	141.12 (3) the percentage of transit dependent riders, including youth, elderly, low-income, and
4595	4595	141.13disabled riders currently using each route.
4596	4596	141.14Sec. 62. Minnesota Statutes 2024, section 473.3925, is amended to read:
4597	4597	141.15 473.3925 BUS PURCHASES.
4598	4598	141.16 The Metropolitan Council commissioner, in preparing bid specifications for bus
4599	4599	141.17purchases, shall ensure that the specifications conform, to the greatest extent practicable,
4600	4600	141.18with products that are manufactured in this state.
4601	4601	141.19Sec. 63. Minnesota Statutes 2024, section 473.399, is amended to read:
4602	4602	141.20 473.399 TRANSIT WAYS; LIGHT RAIL TRANSIT AND COMMUTER RAIL
4603	4603	141.21IN THE METROPOLITAN AREA.
4604	4604	141.22 Subdivision 1.General requirements.(a) The council commissioner of administration
4605	4605	141.23must identify in its transportation policy plan those heavily traveled corridors where
4606	4606	141.24development of a transitway may be feasible and cost-effective. Modes of providing service
4607	4607	141.25in a transitway may include bus rapid transit, light rail transit, commuter rail, or other
4608	4608	141.26available systems or technologies that improve transit service.
4609	4609	141.27 (b) After the completion of environmental studies and receipt of input from the governing
4610	4610	141.28body of each statutory and home rule charter city, county, and town in which a transitway
4611	4611	141.29is proposed to be constructed, the council commissioner must designate the locally preferred
4612	4612	141.30alternative transit mode with respect to the corridor.
4613	4613	141Article 8 Sec. 63.
4614	4614	REVISOR MS/VJ 25-0104601/28/25 142.1 (c) The council commissioner shall ensure that any light rail transit facilities that are
4615	4615	142.2designated as the locally preferred alternative and that are to be constructed in the
4616	4616	142.3metropolitan area will be acquired, developed, owned, and capable of operation in an
4617	4617	142.4efficient, cost-effective, and coordinated manner in coordination with buses and other
4618	4618	142.5transportation modes and facilities.
4619	4619	142.6 (d) Construction of light rail transit facilities in a particular transit corridor may not
4620	4620	142.7commence unless and until that mode is designated as the locally preferred alternative for
4621	4621	142.8that corridor by the council commissioner.
4622	4622	142.9 Subd. 1a.Integrated transportation system.The commissioner of transportation and
4623	4623	142.10the Metropolitan Council shall ensure that light rail transit and commuter rail facilities are
4624	4624	142.11planned, designed, and implemented: (1) to move commuters and transit users into and out
4625	4625	142.12of, as well as within, the metropolitan area, and (2) to ensure that rail transit lines will
4626	4626	142.13interface with each other and other transportation facilities and services so as to provide a
4627	4627	142.14unified, integrated, and efficient multimodal transportation system.
4628	4628	142.15 Subd. 5.Availability of light rail transit information.The Metropolitan Council
4629	4629	142.16commissioner shall maintain in a centralized location on an Internet a website, for each
4630	4630	142.17light rail transit line operated by the council commissioner and for each year of operation
4631	4631	142.18of the line:
4632	4632	142.19 (1) financial data, including revenue by source and operating and capital expenses; and
4633	4633	142.20 (2) ridership information, including ridership and passenger miles.
4634	4634	142.21Sec. 64. Minnesota Statutes 2024, section 473.3994, is amended to read:
4635	4635	142.22 473.3994 LIGHT RAIL TRANSIT; DESIGN PLANS.
4636	4636	142.23 Subd. 1a.Designation of Responsible authority.For each proposed light rail transit
4637	4637	142.24facility in the metropolitan area, the governor must designate either the Metropolitan Council
4638	4638	142.25or the state of Minnesota acting through the commissioner of transportation as is the entity
4639	4639	142.26responsible for planning, designing, acquiring, constructing, and equipping the facility.
4640	4640	142.27Notwithstanding such designation, the commissioner and the council may enter into one or
4641	4641	142.28more cooperative agreements with respect to the planning, designing, acquiring, constructing,
4642	4642	142.29or equipping of a particular light rail transit facility that provide for the parties to exercise
4643	4643	142.30their respective authorities in support of the project in a manner that best serves the project
4644	4644	142.31and the public.
4645	4645	142.32 Subd. 2.Preliminary design plans; public hearing.Before final design plans are
4646	4646	142.33prepared for a light rail transit facility in the metropolitan area, the responsible authority
4647	4647	142Article 8 Sec. 64.
4648	4648	REVISOR MS/VJ 25-0104601/28/25 143.1commissioner and the regional railroad authority or authorities in whose jurisdiction the
4649	4649	143.2line or lines are located must hold a public hearing on the physical design component of
4650	4650	143.3the preliminary design plans. The responsible authority commissioner and the regional
4651	4651	143.4railroad authority or authorities in whose jurisdiction the line or lines are located must
4652	4652	143.5provide appropriate public notice of the hearing and publicity to ensure that affected parties
4653	4653	143.6have an opportunity to present their views at the hearing. The responsible authority
4654	4654	143.7commissioner shall summarize the proceedings and testimony and maintain the record of
4655	4655	143.8a hearing held under this section, including any written statements submitted.
4656	4656	143.9 Subd. 3.Preliminary design plans; local approval.At least 30 days before the hearing
4657	4657	143.10under subdivision 2, the responsible authority commissioner shall submit the physical design
4658	4658	143.11component of the preliminary design plans to the governing body of each statutory and
4659	4659	143.12home rule charter city, county, and town in which the route is proposed to be located. The
4660	4660	143.13city, county, or town shall hold a public hearing. Within 45 days after the hearing under
4661	4661	143.14subdivision 2, the city, county, or town shall review and approve or disapprove the plans
4662	4662	143.15for the route to be located in the city, county, or town. A local unit of government that
4663	4663	143.16disapproves the plans shall describe specific amendments to the plans that, if adopted, would
4664	4664	143.17cause the local unit to withdraw its disapproval. Failure to approve or disapprove the plans
4665	4665	143.18in writing within 45 days after the hearing is deemed to be approval, unless an extension
4666	4666	143.19of time is agreed to by the city, county, or town and the responsible authority commissioner.
4667	4667	143.20 Subd. 4.Preliminary design plans; council commissioner hearing.If the governing
4668	4668	143.21body of one or more cities, counties, or towns disapproves the preliminary design plans
4669	4669	143.22within the period allowed under subdivision 3, the council commissioner shall hold a hearing
4670	4670	143.23on the plans, giving the commissioner of transportation, if the responsible authority, any
4671	4671	143.24disapproving local governmental units, and other persons an opportunity to present their
4672	4672	143.25views on the plans. The council commissioner may conduct independent study as it deems
4673	4673	143.26desirable and may mediate and attempt to resolve disagreements about the plans. Within
4674	4674	143.2760 days after the hearing, the council commissioner shall review the plans and shall decide
4675	4675	143.28what amendments to the plans, if any, must be made to accommodate the objections presented
4676	4676	143.29by the disapproving local governmental units. Amendments to the plans as decided by the
4677	4677	143.30council commissioner must be made before continuing the planning and designing process.
4678	4678	143.31 Subd. 5.Final design plans.(a) If the final design plans incorporate a substantial change
4679	4679	143.32from the preliminary design plans with respect to location, length, or termini of routes;
4680	4680	143.33general dimension, elevation, or alignment of routes and crossings; location of tracks above
4681	4681	143.34ground, below ground, or at ground level; or station locations, before beginning construction,
4682	4682	143.35the responsible authority commissioner shall submit the changed component of the final
4683	4683	143Article 8 Sec. 64.
4684	4684	REVISOR MS/VJ 25-0104601/28/25 144.1design plans to the governing body of each statutory and home rule city, county, and town
4685	4685	144.2in which the changed component is proposed to be located. Within 60 days after the
4686	4686	144.3submission of the plans, the city, county, or town shall review and approve or disapprove
4687	4687	144.4the changed component located in the city, county, or town. A local unit of government that
4688	4688	144.5disapproves the change shall describe specific amendments to the plans that, if adopted,
4689	4689	144.6would cause the local unit to withdraw its disapproval. Failure to approve or disapprove the
4690	4690	144.7changed plans in writing within the time period is deemed to be approval, unless an extension
4691	4691	144.8is agreed to by the city, county, or town and the responsible authority commissioner.
4692	4692	144.9 (b) If the governing body of one or more cities, counties, or towns disapproves the
4693	4693	144.10changed plans within the period allowed under paragraph (a), the council commissioner
4694	4694	144.11shall review the final design plans under the same procedure and with the same effect as
4695	4695	144.12provided in subdivision 4 for preliminary design plans.
4696	4696	144.13 Subd. 7.Council Commissioner review.If the commissioner is the responsible authority,
4697	4697	144.14Before proceeding with construction of a light rail transit facility, the commissioner of
4698	4698	144.15transportation must submit preliminary and final design plans to the Metropolitan Council
4699	4699	144.16commissioner of administration. The council commissioner of administration must review
4700	4700	144.17the plans for consistency with the council's commissioner of administration's development
4701	4701	144.18guide and approve the plans.
4702	4702	144.19 Subd. 8.Metropolitan significance.This section does not diminish or replace the
4703	4703	144.20authority of the council commissioner under section 473.173.
4704	4704	144.21 Subd. 9.Light rail transit operating costs.(a) Before submitting an application for
4705	4705	144.22federal assistance for light rail transit facilities in the metropolitan area, the Metropolitan
4706	4706	144.23Council commissioner must prepare an estimate of the amount of operating subsidy which
4707	4707	144.24will be required to operate light rail transit in the corridor to which the federal assistance
4708	4708	144.25would be applied. The estimate must indicate the amount of operating subsidy estimated to
4709	4709	144.26be required in each of the first ten years of operation of the light rail transit facility. If the
4710	4710	144.27commissioner of transportation is the responsible authority, the commissioner must provide
4711	4711	144.28information requested by the council that is necessary to make the estimate.
4712	4712	144.29 (b) The council commissioner must review and evaluate the estimate developed under
4713	4713	144.30paragraph (a) with regard to the effect of operating the light rail transit facility on the
4714	4714	144.31currently available mechanisms for financing transit in the metropolitan area.
4715	4715	144.32 Subd. 10.Corridor Management Committee.(a) The responsible authority
4716	4716	144.33commissioner must establish a Corridor Management Committee to advise the responsible
4717	4717	144.34authority commissioner in the design and construction of light rail transit in each corridor
4718	4718	144Article 8 Sec. 64.
4719	4719	REVISOR MS/VJ 25-0104601/28/25 145.1to be constructed. The Corridor Management Committee for each corridor shall consist of
4720	4720	145.2the following members:
4721	4721	145.3 (1) one member appointed by each city and county in which the corridor is located;
4722	4722	145.4 (2) the commissioner of transportation or a designee of the commissioner who shall
4723	4723	145.5serve as chair of the committee;
4724	4724	145.6 (3) two members appointed by the Metropolitan Council, one of whom shall be designated
4725	4725	145.7as the chair of the committee;
4726	4726	145.8 (4) (3) one member appointed by the Metropolitan Airports Commission, if the designated
4727	4727	145.9corridor provides direct service to the Minneapolis-St. Paul International Airport; and
4728	4728	145.10 (5) (4) one member appointed by the president of the University of Minnesota, if the
4729	4729	145.11designated corridor provides direct service to the university.
4730	4730	145.12 (b) The Corridor Management Committee shall advise the responsible authority
4731	4731	145.13commissioner on issues relating to environmental review, preliminary design, preliminary
4732	4732	145.14engineering, final design, implementation method, and construction of light rail transit in
4733	4733	145.15the corridor.
4734	4734	145.16 Subd. 14.Transfer of facility after construction.If the commissioner of transportation
4735	4735	145.17is the responsible authority for a particular light rail transit facility, the commissioner must
4736	4736	145.18transfer to the Metropolitan Council all facilities constructed and all equipment and property
4737	4737	145.19acquired in developing the facility upon completion of construction.
4738	4738	145.20Sec. 65. Minnesota Statutes 2024, section 473.3995, is amended to read:
4739	4739	145.21 473.3995 LIGHT RAIL TRANSIT; DESIGN-BUILD METHOD.
4740	4740	145.22 (a) A responsible authority The commissioner may use a design-build method of project
4741	4741	145.23development and construction for light rail transit. Notwithstanding any law to the contrary,
4742	4742	145.24a responsible authority the commissioner may award a design-build contract on the basis
4743	4743	145.25of requests for proposals or requests for qualifications without bids. "Design-build method
4744	4744	145.26of project development and construction" means a project delivery system in which a single
4745	4745	145.27contractor is responsible for both the design and construction of the project and bids the
4746	4746	145.28design and construction together.
4747	4747	145.29 (b) If a responsible authority the commissioner utilizes a design-build method of project
4748	4748	145.30development and construction for light rail transit, the requirements and procedures in
4749	4749	145.31sections 161.3410 to 161.3426 apply to the procurement, subject to the following conditions
4750	4750	145.32and exceptions:
4751	4751	145Article 8 Sec. 65.
4752	4752	REVISOR MS/VJ 25-0104601/28/25 146.1 (1) if the Metropolitan Council is the responsible authority for a particular light rail
4753	4753	146.2transit project, when used in sections 161.3410 to 161.3426, (i) the terms "commissioner,"
4754	4754	146.3"Minnesota Department of Transportation," "department," "state agencies," and "road
4755	4755	146.4authority" refer to the Metropolitan Council, and (ii) the term "state" refers to the
4756	4756	146.5Metropolitan Council except in references to state law or in references to the state as a
4757	4757	146.6geographical location;
4758	4758	146.7 (2) (1) the provisions of section 161.3412, subdivisions 3 and 4, are not applicable to
4759	4759	146.8the procurement; and
4760	4760	146.9 (3) (2) if any federal funds are used in developing or constructing the light rail transit
4761	4761	146.10project, any provisions in sections 161.3410 to 161.3426 that are inconsistent with, or
4762	4762	146.11prohibited by, any federal law, regulation, or other requirement are not applicable to the
4763	4763	146.12procurement.
4764	4764	146.13Sec. 66. Minnesota Statutes 2024, section 473.3997, is amended to read:
4765	4765	146.14 473.3997 FEDERAL FUNDING; LIGHT RAIL TRANSIT.
4766	4766	146.15 (a) Upon completion of the alternatives analysis and draft environmental impact statement,
4767	4767	146.16and selection of the locally preferred alternative, for each light rail transit facility, the
4768	4768	146.17responsible authority commissioner may prepare an application for federal assistance for
4769	4769	146.18the light rail transit facility. If the commissioner is the responsible authority, the application
4770	4770	146.19must be reviewed and approved by the Metropolitan Council before it is submitted by the
4771	4771	146.20commissioner. In reviewing the application the council must consider the operating cost
4772	4772	146.21estimate developed under section 473.3994, subdivision 9.
4773	4773	146.22 (b) Except for the designated responsible authority for a particular light rail transit
4774	4774	146.23facility, No political subdivision in the metropolitan area may on its own apply for federal
4775	4775	146.24assistance for light rail transit planning or construction.
4776	4776	146.25Sec. 67. Minnesota Statutes 2024, section 473.405, is amended to read:
4777	4777	146.26 473.405 POWERS.
4778	4778	146.27 Subdivision 1.General.The Metropolitan Council commissioner has the powers and
4779	4779	146.28duties prescribed by this section and sections 473.407 to 473.449 and all powers necessary
4780	4780	146.29or convenient to discharge its duties.
4781	4781	146.30 Subd. 3.Condemnation.The council commissioner may for transit purposes acquire
4782	4782	146.31property, franchises, easements, or property rights or interests of any kind by condemnation
4783	4783	146.32proceedings pursuant to chapter 117. Except as provided in subdivision 9, the council
4784	4784	146Article 8 Sec. 67.
4785	4785	REVISOR MS/VJ 25-0104601/28/25 147.1commissioner may take possession of any property for which condemnation proceedings
4786	4786	147.2have been commenced at any time after the filing of the petition describing the property in
4787	4787	147.3the proceedings. The council commissioner may contract with an operator or other persons
4788	4788	147.4for the use by the operator or person of any property under the council's commissioner's
4789	4789	147.5control.
4790	4790	147.6 Subd. 4.Transit systems.The council commissioner may engineer, construct, equip,
4791	4791	147.7and operate transit and paratransit systems, projects, or any parts thereof, including road
4792	4792	147.8lanes or rights-of-way, terminal facilities, maintenance and garage facilities, ramps, parking
4793	4793	147.9areas, and any other facilities useful for or related to any public transit or paratransit system
4794	4794	147.10or project. The council commissioner may sell or lease naming rights with regard to light
4795	4795	147.11rail transit stations and apply revenues from sales or leases to light rail transit operating
4796	4796	147.12costs.
4797	4797	147.13 Subd. 5.Acquisition of transit systems.The council commissioner may acquire by
4798	4798	147.14purchase, lease, gift, or condemnation proceedings any existing public transit system or any
4799	4799	147.15part thereof, including all or any part of the plant, equipment, shares of stock, property, real,
4800	4800	147.16personal, or mixed, rights in property, reserve funds, special funds, franchises, licenses,
4801	4801	147.17patents, permits and papers, documents and records belonging to any operator of a public
4802	4802	147.18transit system within the metropolitan area, and may in connection therewith assume any
4803	4803	147.19or all liabilities of any operator of a public transit system. The council commissioner may
4804	4804	147.20take control of and operate a system immediately following the filing and approval of the
4805	4805	147.21initial petition for condemnation, if the council commissioner, in its the commissioner's
4806	4806	147.22discretion, determines this to be necessary, and may take possession of all right, title and
4807	4807	147.23other powers of ownership in all properties and facilities described in the petition. Control
4808	4808	147.24must be taken by resolution which is effective upon service of a copy on the condemnee
4809	4809	147.25and the filing of the resolution in the condemnation action. In the determination of the fair
4810	4810	147.26value of the existing public transit system, there must not be included any value attributable
4811	4811	147.27to expenditures for improvements made by the former Metropolitan Transit Commission
4812	4812	147.28or Council.
4813	4813	147.29 Subd. 9.Condemnation of public or public service corporation property.The fact
4814	4814	147.30that property is owned by or is in charge of a public agency or a public service corporation
4815	4815	147.31organized for a purpose specified in section 301B.01, or is already devoted to a public use
4816	4816	147.32or to use by the corporation or was acquired therefor by condemnation may not prevent its
4817	4817	147.33acquisition by the council commissioner by condemnation, but if the property is in actual
4818	4818	147.34public use or in actual use by the corporation for any purpose of interest or benefit to the
4819	4819	147.35public, the taking by the council commissioner by condemnation may not be authorized
4820	4820	147Article 8 Sec. 67.
4821	4821	REVISOR MS/VJ 25-0104601/28/25 148.1unless the court finds and determines that there is greater public necessity for the proposed
4822	4822	148.2use by the council commissioner than for the existing use.
4823	4823	148.3 Subd. 10.Voluntary transfer of public property.Any state department or other agency
4824	4824	148.4of the state government or any county, municipality, or other public agency may sell, lease,
4825	4825	148.5grant, transfer, or convey to the council department, with or without consideration, any
4826	4826	148.6facilities or any part or parts thereof or any real or personal property or interest therein
4827	4827	148.7which may be useful to the council department for any authorized purpose. In any case
4828	4828	148.8where the construction of a facility has not been completed, the public agency concerned
4829	4829	148.9may also transfer, sell, assign, and set over to the council department, with or without
4830	4830	148.10consideration, any existing contract for the construction of the facilities.
4831	4831	148.11 Subd. 12.Management contracts.Notwithstanding any of the other provisions of this
4832	4832	148.12section and sections 473.407 to 473.449, the council commissioner may, in lieu of directly
4833	4833	148.13operating any public transit system or any part thereof, enter into contracts for management
4834	4834	148.14services. The contracts may provide for compensation, incentive fees, the employment of
4835	4835	148.15personnel, the services provided, and other terms and conditions that the council
4836	4836	148.16commissioner deems proper. The contracts must provide that the compensation of personnel
4837	4837	148.17who work full time or substantially full time providing management or other services for
4838	4838	148.18the council commissioner is public data under chapter 13.
4839	4839	148.19 The council commissioner may not permit a contract manager to supervise or manage
4840	4840	148.20internal audit activities. Internal audit activity must be supervised and managed directly by
4841	4841	148.21the council commissioner. The council commissioner shall advertise for bids and select
4842	4842	148.22contracts for management services through competitive bidding. The term of the contract
4843	4843	148.23may not be longer than two years. The contract must include clear operating objectives,
4844	4844	148.24stating the service policies and goals of the council commissioner in terms of the movement
4845	4845	148.25of various passenger groups, and performance criteria, by means of which success in
4846	4846	148.26achieving the operating objectives can be measured. The council commissioner shall consider
4847	4847	148.27and determine the feasibility and desirability of having all its transit management services
4848	4848	148.28provided internally by employees of the council department.
4849	4849	148.29 The employees of any public transit system operated pursuant to the provisions of this
4850	4850	148.30subdivision for the purpose of resolving any dispute arising under any existing or new
4851	4851	148.31collective bargaining agreement relating to the terms or conditions of their employment,
4852	4852	148.32may either engage in a concerted refusal to work or to invoke the processes of final and
4853	4853	148.33binding arbitration as provided by chapter 572, subject to any applicable provisions of the
4854	4854	148.34agreement not inconsistent with law.
4855	4855	148Article 8 Sec. 67.
4856	4856	REVISOR MS/VJ 25-0104601/28/25 149.1 Subd. 15.Relocation of displaced persons.The council commissioner may plan for
4857	4857	149.2and assist in the relocation of individuals, families, business concerns, nonprofit
4858	4858	149.3organizations, and others displaced by operations of the council department, and may make
4859	4859	149.4relocation payments in accordance with federal regulations.
4860	4860	149.5Sec. 68. Minnesota Statutes 2024, section 473.4051, subdivision 1, is amended to read:
4861	4861	149.6 Subdivision 1.Light rail transit; operator.The council commissioner must operate
4862	4862	149.7all light rail transit facilities and services located in the metropolitan area upon completion
4863	4863	149.8of construction of the facilities and the commencement of revenue service using the facilities.
4864	4864	149.9The council commissioner may not allow the commencement of revenue service until after
4865	4865	149.10an appropriate period of acceptance testing to ensure safe and satisfactory performance. In
4866	4866	149.11assuming the operation of the system, the council commissioner must comply with section
4867	4867	149.12473.415. The council commissioner must coordinate operation of the light rail transit system
4868	4868	149.13with bus service to avoid duplication of service on a route served by light rail transit and to
4869	4869	149.14ensure the widest possible access to light rail transit lines in both suburban and urban areas
4870	4870	149.15by means of a feeder bus system.
4871	4871	149.16Sec. 69. Minnesota Statutes 2024, section 473.4051, subdivision 2, is amended to read:
4872	4872	149.17 Subd. 2.Guideway and busway; operating costs.(a) After operating revenue, federal
4873	4873	149.18funds, and state funds are used for operations of a guideway or busway, as the terms are
4874	4874	149.19defined in section 473.4485, subdivision 1, the council commissioner must pay all remaining
4875	4875	149.20operating costs from sales tax revenue, as defined in section 473.4465, subdivision 1.
4876	4876	149.21 (b) The requirements under paragraph (a) do not apply to the costs of Northstar Commuter
4877	4877	149.22Rail attributed to operations outside of a metropolitan county.
4878	4878	149.23Sec. 70. Minnesota Statutes 2024, section 473.4051, subdivision 2a, is amended to read:
4879	4879	149.24 Subd. 2a.Guideway and busway; capital maintenance.(a) The council commissioner
4880	4880	149.25must pay all ongoing capital maintenance costs from one or more of: available federal funds;
4881	4881	149.26sales tax revenue, as defined in section 473.4465, subdivision 1; and proceeds from
4882	4882	149.27certificates of indebtedness, bonds, or other obligations under section 473.39.
4883	4883	149.28 (b) For purposes of this subdivision, "capital maintenance" includes routine maintenance,
4884	4884	149.29capital maintenance, and maintenance in a state of good repair.
4885	4885	149Article 8 Sec. 70.
4886	4886	REVISOR MS/VJ 25-0104601/28/25 150.1Sec. 71. Minnesota Statutes 2024, section 473.4056, subdivision 1, is amended to read:
4887	4887	150.2 Subdivision 1.Adoption of standards.(a) By January 1, 2015, the Metropolitan Council
4888	4888	150.3shall adopt and may thereafter The commissioner of transportation may amend standards
4889	4889	150.4for the design of light rail vehicles that are reasonably necessary to provide access for, and
4890	4890	150.5to protect the health and safety of, persons who use the service. All light rail transit vehicles
4891	4891	150.6procured on and after January 1, 2015, must conform to the standards then in effect.
4892	4892	150.7 (b) The Transportation Accessibility Advisory Committee must review the standards
4893	4893	150.8and all subsequent amendments before the Metropolitan Council adopts them standards go
4894	4894	150.9into effect.
4895	4895	150.10 (c) The Metropolitan Council commissioner shall post adopted standards, including
4896	4896	150.11amendments, on its website.
4897	4897	150.12Sec. 72. Minnesota Statutes 2024, section 473.4057, subdivision 1, is amended to read:
4898	4898	150.13 Subdivision 1.General.Notwithstanding the provisions of sections 174.82 and 174.90,
4899	4899	150.14the Metropolitan Council commissioner must operate and maintain commuter rail facilities
4900	4900	150.15and services in any corridor that is located in whole or in part in the metropolitan area. The
4901	4901	150.16council's operation and maintenance of the facilities and services must commence upon
4902	4902	150.17completion of the planning, development, and construction of the commuter rail facilities
4903	4903	150.18by the commissioner of transportation and the commencement of prerevenue service this
4904	4904	150.19state.
4905	4905	150.20Sec. 73. Minnesota Statutes 2024, section 473.4057, subdivision 2, is amended to read:
4906	4906	150.21 Subd. 2.Commuter rail equipment, supplies, and materials.The council commissioner
4907	4907	150.22is authorized to acquire equipment, supplies, and materials, including rolling stock, necessary
4908	4908	150.23for any commuter rail service that is subject to this section. This authority may be exercised
4909	4909	150.24either before or after the commencement of revenue service on a particular commuter rail
4910	4910	150.25line.
4911	4911	150.26Sec. 74. Minnesota Statutes 2024, section 473.4057, subdivision 3, is amended to read:
4912	4912	150.27 Subd. 3.Commuter rail improvements.After the commencement of revenue service
4913	4913	150.28in a particular commuter rail corridor, the council commissioner is responsible for planning,
4914	4914	150.29development, design, acquisition, construction, and equipping of any improvements to
4915	4915	150.30commuter rail facilities or service in that corridor.
4916	4916	150Article 8 Sec. 74.
4917	4917	REVISOR MS/VJ 25-0104601/28/25 151.1Sec. 75. Minnesota Statutes 2024, section 473.4057, subdivision 4, is amended to read:
4918	4918	151.2 Subd. 4.Procurement for commuter rail; best value alternative.(a) Notwithstanding
4919	4919	151.3the provisions of section 471.345, for purchases related to the council's commissioner's
4920	4920	151.4maintenance and operation of commuter rail lines, the council commissioner may award a
4921	4921	151.5contract for the purchase of supplies, materials, equipment or the rental thereof, or the
4922	4922	151.6construction, alteration, improvement, repair, or maintenance of real or personal property
4923	4923	151.7to the vendor or contractor offering the best value under a request for proposals.
4924	4924	151.8 (b) For the purposes of this section, "best value" describes a result intended in the
4925	4925	151.9acquisition of goods and services described in paragraph (a). Price must be one of the
4926	4926	151.10evaluation criteria when acquiring such goods and services. Other evaluation criteria may
4927	4927	151.11include, but are not limited to, environmental considerations, quality, and vendor
4928	4928	151.12performance. A best value determination must be based on the evaluation criteria detailed
4929	4929	151.13in the solicitation document. If criteria other than price are used, the solicitation document
4930	4930	151.14must state the relative importance of price and other factors.
4931	4931	151.15Sec. 76. Minnesota Statutes 2024, section 473.4057, subdivision 6, is amended to read:
4932	4932	151.16 Subd. 6.Agreements with other parties.The council commissioner may enter into
4933	4933	151.17memoranda of understanding, joint powers agreements, or other agreements with public or
4934	4934	151.18private entities including, without limitation, political subdivisions, regional railroad
4935	4935	151.19authorities, metropolitan planning organizations, joint powers boards, the commissioner of
4936	4936	151.20transportation, or railroads, to carry out its responsibilities under this section.
4937	4937	151.21Sec. 77. Minnesota Statutes 2024, section 473.4057, subdivision 7, is amended to read:
4938	4938	151.22 Subd. 7.Expenditure of funds and exercise of powers.In carrying out its the
4939	4939	151.23commissioner's responsibilities under this section and notwithstanding any other law to the
4940	4940	151.24contrary, the council commissioner may expend funds and exercise, both inside and outside
4941	4941	151.25the metropolitan area, those powers in this chapter that are necessary or convenient for those
4942	4942	151.26purposes. The jurisdiction of the metropolitan transit police under section 473.405 extends
4943	4943	151.27to offenses relating to the operation, property, facilities, equipment, employees, and
4944	4944	151.28passengers of any commuter rail facilities and services that are subject to this section.
4945	4945	151.29Sec. 78. Minnesota Statutes 2024, section 473.4057, subdivision 8, is amended to read:
4946	4946	151.30 Subd. 8.Application of section 174.82.Except for those provisions that provide that
4947	4947	151.31the commissioner of transportation is responsible for operating and maintaining commuter
4948	4948	151.32rail, The provisions of section 174.82 apply to commuter rail facilities and services that are
4949	4949	151Article 8 Sec. 78.
4950	4950	REVISOR MS/VJ 25-0104601/28/25 152.1subject to this section. Without limitation as to its application, the provisions of section
4951	4951	152.2174.82 apply when the council is carrying out its responsibilities for commuter rail under
4952	4952	152.3this section to the same extent as those provisions would apply if the council were carrying
4953	4953	152.4out its responsibilities under contract to the commissioner.
4954	4954	152.5Sec. 79. Minnesota Statutes 2024, section 473.4065, subdivision 1, is amended to read:
4955	4955	152.6 Subdivision 1.Code of conduct; establishment.(a) The council MnDOT Metropolitan
4956	4956	152.7Transit Division (MTD) must adopt a rider code of conduct for transit passengers. The
4957	4957	152.8council MTD must post a copy of the code of conduct in a prominent location at each light
4958	4958	152.9rail transit station, bus rapid transit station, and transit center.
4959	4959	152.10 (b) The code of conduct must not prohibit sleeping in a manner that does not otherwise
4960	4960	152.11violate conduct requirements.
4961	4961	152.12 (c) Prior to adoption of the rider code of conduct, or a revision, the council MTD must
4962	4962	152.13perform a stakeholder engagement process. At a minimum, the process must include
4963	4963	152.14solicitation and consideration of public comments on conduct requirements and the rider
4964	4964	152.15experience.
4965	4965	152.16Sec. 80. Minnesota Statutes 2024, section 473.4065, subdivision 3, is amended to read:
4966	4966	152.17 Subd. 3.Paid fare zones.The council MTD must establish and clearly designate paid
4967	4967	152.18fare zones at each light rail transit station where the council MTD utilizes self-service
4968	4968	152.19barrier-free fare collection.
4969	4969	152.20Sec. 81. Minnesota Statutes 2024, section 473.4065, subdivision 4, is amended to read:
4970	4970	152.21 Subd. 4.Light rail transit facility monitoring.(a) The council MTD must implement
4971	4971	152.22and maintain public safety monitoring and response activities at light rail transit facilities
4972	4972	152.23that include:
4973	4973	152.24 (1) placement of security cameras and sufficient associated lighting that provide live
4974	4974	152.25coverage for the entire area at each light rail transit station and each light rail transit vehicle;
4975	4975	152.26 (2) installation of a public address system at each light rail transit station that is capable
4976	4976	152.27of providing information and warnings to passengers; and
4977	4977	152.28 (3) real-time active monitoring of passenger activity and potential violations throughout
4978	4978	152.29the light rail transit system.
4979	4979	152.30 (b) The monitoring activities must include timely maintenance or replacement of
4980	4980	152.31malfunctioning cameras or public address systems.
4981	4981	152Article 8 Sec. 81.
4982	4982	REVISOR MS/VJ 25-0104601/28/25 153.1Sec. 82. Minnesota Statutes 2024, section 473.407, subdivision 1, is amended to read:
4983	4983	153.2 Subdivision 1.Authorization.The council commissioner may appoint peace officers,
4984	4984	153.3as defined in section 626.84, subdivision 1, paragraph (c), and establish a law enforcement
4985	4985	153.4agency, as defined in section 626.84, subdivision 1, paragraph (f), known as the Metropolitan
4986	4986	153.5Transit Police, to police its transit property and routes, to carry out investigations, and to
4987	4987	153.6make arrests under sections 629.30 and 629.34. The jurisdiction of the law enforcement
4988	4988	153.7agency is limited to offenses relating to council the department's transit property, equipment,
4989	4989	153.8employees, and passengers. The jurisdiction of the Metropolitan Transit Police shall include
4990	4990	153.9traffic lanes designed for bus or transit use, freeway or expressway shoulders in the
4991	4991	153.10seven-county metropolitan area used by authorized transit buses and Metro Mobility buses
4992	4992	153.11under section 169.306, and high-occupancy vehicle lanes used by transit buses. Upon request
4993	4993	153.12from, or under an agreement with, any law enforcement agency and subject to the availability
4994	4994	153.13of its personnel and other resources, the Metropolitan Transit Police may exercise general
4995	4995	153.14law enforcement agency authority to assist any law enforcement agency in implementing
4996	4996	153.15or carrying out law enforcement activities, programs, or initiatives. If the commissioner of
4997	4997	153.16transportation contracts with the Metropolitan Council for operation of commuter rail
4998	4998	153.17facilities under section 174.90, The jurisdiction of the Metropolitan Transit Police extends
4999	4999	153.18to offenses relating to the operation, property, facilities, equipment, employees, and
5000	5000	153.19passengers of the commuter rail facilities located in and outside of the metropolitan area.
5001	5001	153.20Sec. 83. Minnesota Statutes 2024, section 473.407, subdivision 3, is amended to read:
5002	5002	153.21 Subd. 3.Policy for notice of investigations.The transit police must develop a policy
5003	5003	153.22for notifying the law enforcement agency with primary jurisdiction when it has initiated
5004	5004	153.23surveillance or investigation of any person within the jurisdiction of that agency. The council
5005	5005	153.24commissioner shall train all of its peace officers regarding the application of this policy.
5006	5006	153.25Sec. 84. Minnesota Statutes 2024, section 473.407, subdivision 4, is amended to read:
5007	5007	153.26 Subd. 4.Chief law enforcement officer.The regional administrator commissioner shall
5008	5008	153.27appoint a peace officer employed full time to be the chief law enforcement officer and to
5009	5009	153.28be responsible for the management of the metropolitan transit police. The chief law
5010	5010	153.29enforcement officer shall possess the necessary police and management experience to
5011	5011	153.30manage a law enforcement agency. The chief law enforcement officer may appoint,
5012	5012	153.31discipline, and discharge all transit police personnel. All police managerial and supervisory
5013	5013	153.32personnel must be full-time employees of the Metropolitan Transit Police. Supervisory
5014	5014	153.33personnel must be on duty and available any time transit police are on duty. The chief law
5015	5015	153Article 8 Sec. 84.
5016	5016	REVISOR MS/VJ 25-0104601/28/25 154.1enforcement officer may not hire part-time peace officers as defined in section 626.84,
5017	5017	154.2subdivision 1, paragraph (d), except that the chief may appoint peace officers to work on a
5018	5018	154.3part-time basis not to exceed 30 full-time equivalents. A part-time officer must maintain an
5019	5019	154.4active peace officer license with the officer's full-time law enforcement employer.
5020	5020	154.5Sec. 85. Minnesota Statutes 2024, section 473.407, subdivision 5, is amended to read:
5021	5021	154.6 Subd. 5.Emergencies.(a) The council commissioner shall ensure that all emergency
5022	5022	154.7vehicles used by transit police are equipped with radios capable of receiving and transmitting
5023	5023	154.8on the same frequencies utilized by the law enforcement agencies that have primary
5024	5024	154.9jurisdiction.
5025	5025	154.10 (b) When the transit police receive an emergency call they shall notify the public safety
5026	5026	154.11agency with primary jurisdiction and coordinate the appropriate response.
5027	5027	154.12 (c) Transit police officers shall notify the primary jurisdictions of their response to any
5028	5028	154.13emergency.
5029	5029	154.14Sec. 86. Minnesota Statutes 2024, section 473.4075, is amended to read:
5030	5030	154.15 473.4075 TRANSIT RIDER INVESTMENT PROGRAM.
5031	5031	154.16 Subdivision 1.Definitions.(a) For purposes of this section, the following terms and the
5032	5032	154.17terms defined in section 609.855, subdivision 7, have the meanings given.
5033	5033	154.18 (b) "MTD" means the MnDOT Metropolitan Transit Division.
5034	5034	154.19 (b) (c) "Transit official" means an individual who is authorized as TRIP personnel, a
5035	5035	154.20community service officer, or a peace officer, as defined in section 626.84, subdivision 1,
5036	5036	154.21paragraph (c).
5037	5037	154.22 (c) (d) "TRIP personnel" means persons specifically authorized by the council MTD for
5038	5038	154.23the transit rider investment program under this section, including but not limited to fare
5039	5039	154.24inspection and enforcement, who are not peace officers or community service officers.
5040	5040	154.25 (d) (e) "TRIP" or "program" means the transit rider investment program established in
5041	5041	154.26this section.
5042	5042	154.27 Subd. 2.Program established.(a) Subject to available funds, the council MTD must
5043	5043	154.28implement a transit rider investment program that provides for TRIP personnel deployment,
5044	5044	154.29fare payment inspection, administrative citation issuance, rider education and assistance,
5045	5045	154.30and improvements to the transit experience.
5046	5046	154.31 (b) As part of program implementation, the council MTD must:
5047	5047	154Article 8 Sec. 86.
5048	5048	REVISOR MS/VJ 25-0104601/28/25 155.1 (1) adopt a resolution that establishes the program and establishes fine amounts in
5049	5049	155.2accordance with subdivision 8;
5050	5050	155.3 (2) establish policies and procedures that govern authorizing and training TRIP personnel,
5051	5051	155.4TRIP personnel uniforms, issuing an administrative citation, and contesting an administrative
5052	5052	155.5citation;
5053	5053	155.6 (3) consult with stakeholders on the design of the program;
5054	5054	155.7 (4) develop a TRIP personnel recruitment plan that includes informing and supporting
5055	5055	155.8potential applicants who are:
5056	5056	155.9 (i) representative of transit users; and
5057	5057	155.10 (ii) from cultural, ethnic, and racial communities that are historically underrepresented
5058	5058	155.11in state or local public service;
5059	5059	155.12 (5) develop a TRIP personnel strategic deployment plan that:
5060	5060	155.13 (i) requires teams of at least two individuals; and
5061	5061	155.14 (ii) targets deployment to times and locations with identified concentrations of activity
5062	5062	155.15that are subject to administrative citations, other citations, or arrest or that negatively impact
5063	5063	155.16the rider experience; and
5064	5064	155.17 (6) provide for training to peace officers who provide law enforcement assistance under
5065	5065	155.18an agreement with the council MTD on the program and issuance of administrative citations.
5066	5066	155.19 Subd. 3.TRIP manager.The council MTD must appoint a TRIP manager to manage
5067	5067	155.20the program. The TRIP manager must have managerial experience in social services, transit
5068	5068	155.21service, or law enforcement. The TRIP manager is a TRIP personnel staff member.
5069	5069	155.22 Subd. 4.TRIP personnel; duties; requirements.(a) The duties of the TRIP personnel
5070	5070	155.23include:
5071	5071	155.24 (1) monitoring and responding to passenger activity, including:
5072	5072	155.25 (i) informing passengers about and specifying expectations related to the council's MTD's
5073	5073	155.26rider code of conduct; and
5074	5074	155.27 (ii) assisting passengers in obtaining social services, such as through information and
5075	5075	155.28referrals;
5076	5076	155.29 (2) acting as a liaison to social service agencies;
5077	5077	155.30 (3) providing information to passengers on using the transit system;
5078	5078	155Article 8 Sec. 86.
5079	5079	REVISOR MS/VJ 25-0104601/28/25 156.1 (4) providing direct navigation assistance and accompaniment to passengers who have
5080	5080	156.2a disability, are elderly, or request enhanced personal aid;
5081	5081	156.3 (5) performing fare payment inspections;
5082	5082	156.4 (6) issuing administrative citations as provided in subdivision 6; and
5083	5083	156.5 (7) obtaining assistance from peace officers or community service officers as necessary.
5084	5084	156.6 (b) An individual who is authorized as TRIP personnel must wear the uniform as
5085	5085	156.7established by the council MTD at all times when on duty.
5086	5086	156.8 Subd. 5.TRIP personnel; training.Training for TRIP personnel must include the
5087	5087	156.9following topics:
5088	5088	156.10 (1) early warning techniques, crisis intervention, conflict de-escalation, and conflict
5089	5089	156.11resolution;
5090	5090	156.12 (2) identification of persons likely in need of social services;
5091	5091	156.13 (3) locally available social service providers, including services for homelessness, mental
5092	5092	156.14health, and addiction;
5093	5093	156.15 (4) policies and procedures for administrative citations; and
5094	5094	156.16 (5) administration of opiate antagonists in a manner that meets the requirements under
5095	5095	156.17section 151.37, subdivision 12.
5096	5096	156.18 Subd. 6.Administrative citations; authority; issuance.(a) A transit official has the
5097	5097	156.19exclusive authority to issue an administrative citation to a person who commits a violation
5098	5098	156.20under section 609.855, subdivision 1, paragraph (a), clause (1), or 3.
5099	5099	156.21 (b) An administrative citation must include notification that the person has the right to
5100	5100	156.22contest the citation, basic procedures for contesting the citation, and information on the
5101	5101	156.23timeline and consequences for failure to contest the citation or pay the fine.
5102	5102	156.24 (c) The council MTD must not mandate or suggest a quota for the issuance of
5103	5103	156.25administrative citations under this section.
5104	5104	156.26 (d) Issuance and resolution of an administrative citation is a bar to prosecution under
5105	5105	156.27section 609.855, subdivision 1, paragraph (a), clause (1), or 3, or for any other violation
5106	5106	156.28arising from the same conduct.
5107	5107	156.29 Subd. 7.Administrative citations; disposition.(a) A person who commits a violation
5108	5108	156.30under section 609.855, subdivision 1, paragraph (a), clause (1), or 3, and is issued an
5109	5109	156.31administrative citation under this section must, within 90 days of issuance, pay the fine as
5110	5110	156Article 8 Sec. 86.
5111	5111	REVISOR MS/VJ 25-0104601/28/25 157.1specified or contest the citation. A person who fails to either pay the fine or contest the
5112	5112	157.2citation within the specified period is considered to have waived the contested citation
5113	5113	157.3process and is subject to collections.
5114	5114	157.4 (b) The council MTD must provide a civil process for a person to contest the
5115	5115	157.5administrative citation before a neutral third party. The council MTD may employ a council
5116	5116	157.6an MTD employee not associated with its transit operations to hear and rule on challenges
5117	5117	157.7to administrative citations or may contract with another unit of government or a private
5118	5118	157.8entity to provide the service.
5119	5119	157.9 (c) The council MTD may contract with credit bureaus, public and private collection
5120	5120	157.10agencies, the Department of Revenue, and other public or private entities providing collection
5121	5121	157.11services as necessary for the collection of fine debts under this section. As determined by
5122	5122	157.12the council MTD, collection costs are added to the debts referred to a public or private
5123	5123	157.13collection entity for collection. Collection costs include the fees of the collection entity and
5124	5124	157.14may include, if separately provided, skip tracing fees, credit bureau reporting charges, and
5125	5125	157.15fees assessed by any public entity for obtaining information necessary for debt collection.
5126	5126	157.16If the collection entity collects an amount less than the total due, the payment is applied
5127	5127	157.17proportionally to collection costs and the underlying debt.
5128	5128	157.18 Subd. 8.Administrative citations; penalties.(a) The amount of a fine under this section
5129	5129	157.19must be set at no less than $35 and no more than $100.
5130	5130	157.20 (b) Subject to paragraph (a), the council MTD may adopt a graduated structure that
5131	5131	157.21increases the fine amount for second and subsequent violations.
5132	5132	157.22 (c) The council MTD may adopt an alternative resolution procedure under which a
5133	5133	157.23person may resolve an administrative citation in lieu of paying a fine by complying with
5134	5134	157.24terms established by the council MTD for community service, prepayment of future transit
5135	5135	157.25fares, or both. The alternative resolution procedure must be available only to a person who
5136	5136	157.26has committed a violation under section 609.855, subdivision 1, paragraph (a), clause (1),
5137	5137	157.27or 3, for the first time, unless the person demonstrates financial hardship under criteria
5138	5138	157.28established by the council MTD.
5139	5139	157.29Sec. 87. Minnesota Statutes 2024, section 473.4077, subdivision 2, is amended to read:
5140	5140	157.30 Subd. 2.Legislative report.(a) Annually by February 15, the council MTD must submit
5141	5141	157.31a report on transit safety and rider experience to the chairs and ranking minority members
5142	5142	157.32of the legislative committees with jurisdiction over transportation policy and finance.
5143	5143	157.33 (b) At a minimum, the report must:
5144	5144	157Article 8 Sec. 87.
5145	5145	REVISOR MS/VJ 25-0104601/28/25 158.1 (1) provide an overview of transit safety issues and actions taken by the council MTD
5146	5146	158.2to improve safety, including improvements made to equipment and infrastructure;
5147	5147	158.3 (2) provide an overview of the rider code of conduct and measures required under section
5148	5148	158.4473.4065;
5149	5149	158.5 (3) provide an overview of the transit rider investment program under section 473.4075
5150	5150	158.6and the program's structure and implementation;
5151	5151	158.7 (4) provide an overview of the activities of TRIP personnel, including specifically
5152	5152	158.8describing the activities of uniformed transit safety officials;
5153	5153	158.9 (5) provide a description of all policies adopted pursuant to section 473.4075, the need
5154	5154	158.10for each policy, and a copy of each policy;
5155	5155	158.11 (6) if the council MTD adopted an alternative resolution procedure pursuant to section
5156	5156	158.12473.4075, subdivision 8, provide:
5157	5157	158.13 (i) a description of that procedure;
5158	5158	158.14 (ii) the criteria used to determine financial hardship; and
5159	5159	158.15 (iii) for each of the previous three calendar years, how frequently the procedure was
5160	5160	158.16used, the number of community service hours performed, and the total amount paid as
5161	5161	158.17prepayment of transit fares;
5162	5162	158.18 (7) for each of the previous three calendar years:
5163	5163	158.19 (i) identify the number of fare compliance inspections that were completed, including
5164	5164	158.20the total number and the number as a percentage of total rides;
5165	5165	158.21 (ii) state the number of warnings and citations issued by the Metro Transit Police
5166	5166	158.22Department and transit agents, including a breakdown of which type of officer or official
5167	5167	158.23issued the citation, the statutory authority for issuing the warning or citation, the reason
5168	5168	158.24given for each warning or citation issued, and the total number of times each reason was
5169	5169	158.25given;
5170	5170	158.26 (iii) state the number of administrative citations that were appealed pursuant to section
5171	5171	158.27473.4075, the number of those citations that were dismissed on appeal, and a breakdown
5172	5172	158.28of the reasons for dismissal;
5173	5173	158.29 (iv) include data and statistics on crime rates occurring on public transit vehicles and
5174	5174	158.30surrounding transit stops and stations;
5175	5175	158.31 (v) state the number of peace officers employed by the Metro Transit Police Department;
5176	5176	158Article 8 Sec. 87.
5177	5177	REVISOR MS/VJ 25-0104601/28/25 159.1 (vi) state the average number of peace officers employed by the Metro Transit Police
5178	5178	159.2Department; and
5179	5179	159.3 (vii) state the number of uniformed transit safety officials and community service officers
5180	5180	159.4who served as transit agents;
5181	5181	159.5 (8) analyze impacts of the transit rider investment program on fare compliance and
5182	5182	159.6customer experience for riders, including rates of fare violations; and
5183	5183	159.7 (9) make recommendations on the following:
5184	5184	159.8 (i) changes to the administrative citation program; and
5185	5185	159.9 (ii) methods to improve safety on public transit and transit stops and stations.
5186	5186	159.10Sec. 88. Minnesota Statutes 2024, section 473.408, is amended to read:
5187	5187	159.11 473.408 FARE POLICY.
5188	5188	159.12 Subd. 2.Fare policy.(a) Fares and fare collection systems shall be established and
5189	5189	159.13administered to accomplish the following purposes:
5190	5190	159.14 (1) to encourage and increase transit and paratransit ridership with an emphasis on regular
5191	5191	159.15ridership;
5192	5192	159.16 (2) to restrain increases in the average operating subsidy per passenger;
5193	5193	159.17 (3) to ensure that no riders on any route pay more in fares than the average cost of
5194	5194	159.18providing the service on that route;
5195	5195	159.19 (4) to ensure that operating revenues are proportioned to the cost of providing the service
5196	5196	159.20so as to reduce any disparity in the subsidy per passenger on routes in the transit system;
5197	5197	159.21and
5198	5198	159.22 (5) to implement the social fares as set forth in subdivision 2b.
5199	5199	159.23 (b) The plan must contain a statement of the policies that will govern the imposition of
5200	5200	159.24user charges for various types of transit service and the policies that will govern decisions
5201	5201	159.25by the council commissioner to change fare policy.
5202	5202	159.26 Subd. 2a.Regular route fares.The council commissioner shall establish and enforce
5203	5203	159.27uniform fare policies for regular route transit in the metropolitan area. The policies must
5204	5204	159.28be consistent with the requirements of this section and the council's transportation policy
5205	5205	159.29plan. The council commissioner and other operators shall charge a base fare and any
5206	5206	159.30surcharges for peak hours and distance of service in accordance with the council's fares
5207	5207	159.31commissioner's fare policies. The council commissioner shall approve all fare schedules.
5208	5208	159Article 8 Sec. 88.
5209	5209	REVISOR MS/VJ 25-0104601/28/25 160.1 Subd. 2b.Social fares.For the purposes of raising revenue for improving public safety
5210	5210	160.2on transit vehicles and at transit hubs or stops, the council commissioner shall review and
5211	5211	160.3may adjust its social fares as they relate to passengers under the age of 18 during high crime
5212	5212	160.4times provided that the increased revenues are dedicated to improving the safety of all
5213	5213	160.5passengers.
5214	5214	160.6 Subd. 4.Circulation fares.The council commissioner and other operators may charge
5215	5215	160.7a reduced fare for service on any route providing circulation service in a downtown area or
5216	5216	160.8community activity center. The council commissioner and other operators shall not contribute
5217	5217	160.9more than 50 percent of the operating deficit of any such route that is confined to a downtown
5218	5218	160.10area or community activity center. The boundaries of service districts eligible for reduced
5219	5219	160.11fares under this subdivision must be approved by the council commissioner.
5220	5220	160.12 Subd. 4a.Transit passes.The council commissioner may establish transit fare programs
5221	5221	160.13and passes that are consistent with the fare policy purposes stated in subdivision 2, including
5222	5222	160.14but not limited to:
5223	5223	160.15 (1) discount pass programs for public and private employers, public and private
5224	5224	160.16organizations, and school districts; and
5225	5225	160.17 (2) special pass programs for demonstration projects or special events.
5226	5226	160.18 Subd. 10.Transit service for disabled veterans.(a) On and after July 1, 2009, the
5227	5227	160.19council commissioner shall provide regular route transit, as defined in section 473.385,
5228	5228	160.20subdivision 1, free of charge for veterans, as defined in section 197.447, certified as disabled.
5229	5229	160.21For purposes of this section, "certified as disabled" means certified in writing by the United
5230	5230	160.22States Department of Veterans Affairs or the state commissioner of veterans affairs as having
5231	5231	160.23a permanent service-connected disability.
5232	5232	160.24 (b) The requirements under this subdivision apply to operators of regular route transit
5233	5233	160.25(1) receiving financial assistance under section 473.388, or (2) operating under section
5234	5234	160.26473.405, subdivision 12.
5235	5235	160.27Sec. 89. Minnesota Statutes 2024, section 473.409, is amended to read:
5236	5236	160.28 473.409 AGREEMENTS WITH COUNCIL COMMISSIONER ;
5237	5237	160.29ENCOURAGEMENT OF TRANSIT USE.
5238	5238	160.30 A state department or agency, including the legislative branch, any local governmental
5239	5239	160.31unit, or a metropolitan agency may enter into an agreement with the council commissioner
5240	5240	160.32and other operators for the purpose of encouraging the use of transit by its employees residing
5241	5241	160.33in the metropolitan area. The agreement may provide for, among other things: (a) the advance
5242	5242	160Article 8 Sec. 89.
5243	5243	REVISOR MS/VJ 25-0104601/28/25 161.1purchase of tokens, tickets or other devices from the council commissioner or other operator
5244	5244	161.2for use in lieu of fares on vehicles operated by the council commissioner or other operator;
5245	5245	161.3and (b) special transit service for employees to and from their place of employment, at fares
5246	5246	161.4to be agreed upon by the contracting parties. The tokens, tickets, or other devices or services
5247	5247	161.5may be made available to employees at reduced rates. Any such agreement and arrangement
5248	5248	161.6by a state department or agency shall be submitted to the commissioner of administration
5249	5249	161.7for approval before execution. Any operating deficits or subsidy resulting from such
5250	5250	161.8agreements shall be assumed by the contracting department, agency, governmental unit, or
5251	5251	161.9other commission, unless otherwise provided in an agreement approved by the council
5252	5252	161.10commissioner.
5253	5253	161.11Sec. 90. Minnesota Statutes 2024, section 473.41, subdivision 1, is amended to read:
5254	5254	161.12 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
5255	5255	161.13the meanings given.
5256	5256	161.14 (b) "Transit authority" means:
5257	5257	161.15 (1) a statutory or home rule charter city, with respect to rights-of-way at bus stop and
5258	5258	161.16train stop locations, transit shelters, and transit passenger seating facilities owned by the
5259	5259	161.17city or established pursuant to a vendor contract with the city;
5260	5260	161.18 (2) the Metropolitan Council commissioner of transportation, with respect to transit
5261	5261	161.19shelters and transit passenger seating facilities owned by the council Department of
5262	5262	161.20Transportation or established pursuant to a vendor contract with the council department; or
5263	5263	161.21 (3) a replacement service provider under section 473.388, with respect to rights-of-way
5264	5264	161.22at bus stop and train stop locations, transit shelters, and transit passenger seating facilities
5265	5265	161.23owned by the provider or established pursuant to a vendor contract with the provider.
5266	5266	161.24 (c) "Transit shelter" means a wholly or partially enclosed structure provided for public
5267	5267	161.25use as a waiting area in conjunction with light rail transit, bus rapid transit, or regular route
5268	5268	161.26transit.
5269	5269	161.27Sec. 91. Minnesota Statutes 2024, section 473.411, subdivision 5, is amended to read:
5270	5270	161.28 Subd. 5.Use of public roadways and appurtenances.The council commissioner may
5271	5271	161.29use for the purposes of sections 473.405 to 473.449 upon the conditions stated in this
5272	5272	161.30subdivision any state highway or other public roadway, parkway, or lane, or any bridge or
5273	5273	161.31tunnel or other appurtenance of a roadway, without payment of any compensation, provided
5274	5274	161.32the use does not interfere unreasonably with the public use or maintenance of the roadway
5275	5275	161Article 8 Sec. 91.
5276	5276	REVISOR MS/VJ 25-0104601/28/25 162.1or appurtenance or entail any substantial additional costs for maintenance. The provisions
5277	5277	162.2of this subdivision do not apply to the property of any common carrier railroad or common
5278	5278	162.3carrier railroads. The consent of the public agency in charge of such state highway or other
5279	5279	162.4public highway or roadway or appurtenance is not required; except that if the council
5280	5280	162.5commissioner seeks to use a designated parkway for regular route service in the city of
5281	5281	162.6Minneapolis, it must obtain permission from and is subject to reasonable limitations imposed
5282	5282	162.7by a joint board consisting of two representatives from the council of the department, two
5283	5283	162.8members of the board of park commissioners, and a fifth member jointly selected by the
5284	5284	162.9other members of the board. If the use is a designated Minneapolis parkway for regular
5285	5285	162.10route service adjacent to the city of Minneapolis, it must obtain permission from and is
5286	5286	162.11subject to reasonable limitations imposed by a joint board consisting of two representatives
5287	5287	162.12from the council of the department, two members of the board of park commissioners, and
5288	5288	162.13a fifth member jointly selected by other members of the board. The joint board must include
5289	5289	162.14a nonvoting member appointed by the council of commissioner and residing in the city in
5290	5290	162.15which the parkway is located.
5291	5291	162.16 The board of park commissioners and the council commissioner may designate persons
5292	5292	162.17to sit on the joint board. In considering a request by the council commissioner to use
5293	5293	162.18designated parkways for additional routes or trips, the joint board consisting of the council
5294	5294	162.19commissioner or their the commissioner's designees, the board of park commissioners or
5295	5295	162.20their the commissioner's designees, and the fifth member, shall base its decision to grant or
5296	5296	162.21deny the request based on the criteria to be established by the joint board. The decision to
5297	5297	162.22grant or deny the request must be made within 45 days of the date of the request. The park
5298	5298	162.23board must be notified immediately by the council commissioner of any temporary route
5299	5299	162.24detours. If the park board objects to the temporary route detours within five days of being
5300	5300	162.25notified, the joint board must convene and decide whether to grant the request, otherwise
5301	5301	162.26the request is deemed granted. If the agency objects to the proposed use or claims
5302	5302	162.27reimbursement from the council commissioner for additional cost of maintenance, it may
5303	5303	162.28commence an action against the council department in the district court of the county wherein
5304	5304	162.29the highway, roadway, or appurtenance, or major portion thereof, is located. The proceedings
5305	5305	162.30in the action must conform to the Rules of Civil Procedure applicable to the district courts.
5306	5306	162.31The court shall sit without jury. If the court determines that the use in question interferes
5307	5307	162.32unreasonably with the public use or maintenance of the roadway or appurtenance, it shall
5308	5308	162.33enjoin the use by the council commissioner. If the court determines that the use in question
5309	5309	162.34does not interfere unreasonably with the public use or maintenance of the roadway or
5310	5310	162.35appurtenance, but that it entails substantial additional maintenance costs, the court shall
5311	5311	162.36award judgment to the agency for the amount of the additional costs. Otherwise the court
5312	5312	162Article 8 Sec. 91.
5313	5313	REVISOR MS/VJ 25-0104601/28/25 163.1shall award judgment to the council department. An aggrieved party may appeal from the
5314	5314	163.2judgment of the district court in the same manner as is provided for such appeals in other
5315	5315	163.3civil actions. The council commissioner may also use land within the right-of-way of any
5316	5316	163.4state highway or other public roadway for the erection of traffic-control devices, other signs,
5317	5317	163.5and passenger shelters upon the conditions stated in this subdivision and subject only to the
5318	5318	163.6approval of the commissioner of transportation where required by statute, and subject to
5319	5319	163.7the express provisions of other applicable statutes and to federal requirements where
5320	5320	163.8necessary to qualify for federal aid.
5321	5321	163.9Sec. 92. Minnesota Statutes 2024, section 473.412, subdivision 2, is amended to read:
5322	5322	163.10 Subd. 2.Standards established.(a) The Metropolitan Council MnDOT Metropolitan
5323	5323	163.11Transit Division (MTD) must adopt standards on cleanliness and repair of transit vehicles
5324	5324	163.12and stations. To the extent practicable, the standards must address:
5325	5325	163.13 (1) cleaning requirements for transit stations and vehicles operated by the council MTD;
5326	5326	163.14 (2) a strategy for discovering and removing vandalism, graffiti, or other defacement to
5327	5327	163.15transit stations or vehicles operated by the council MTD;
5328	5328	163.16 (3) a proposal for the timely repair of damage to transit stations and transit vehicle
5329	5329	163.17fixtures, structures, or other property used for the purpose of supporting public transit; and
5330	5330	163.18 (4) any other cleanliness standards necessary to provide a quality ridership experience
5331	5331	163.19for all transit users.
5332	5332	163.20 (b) The Metropolitan Council MTD must provide information on the council's MTD's
5333	5333	163.21website on how the council MTD solicits public feedback on cleanliness and rider experience
5334	5334	163.22at transit stations and on transit vehicles. The council MTD must post conspicuous notice
5335	5335	163.23of the public feedback options at each light rail transit station and bus rapid transit station
5336	5336	163.24operated by the council MTD.
5337	5337	163.25Sec. 93. Minnesota Statutes 2024, section 473.412, subdivision 3, is amended to read:
5338	5338	163.26 Subd. 3.Report required; cleaning standards and expenditures.(a) By October 1,
5339	5339	163.272024, and every year thereafter, the Metropolitan Council MTD must report to the chairs
5340	5340	163.28and ranking minority members of the legislative committees with jurisdiction over transit
5341	5341	163.29policy and finance on transit cleanliness and the ridership experience.
5342	5342	163.30 (b) The report under paragraph (a) must provide information on the council's cleanliness
5343	5343	163.31standards required under subdivision 2, including whether the council adopted new
5344	5344	163.32cleanliness standards or revisions to current cleanliness standards. A report prepared under
5345	5345	163Article 8 Sec. 93.
5346	5346	REVISOR MS/VJ 25-0104601/28/25 164.1this subdivision must include information gathered from the required public feedback on
5347	5347	164.2cleanliness and rider experience required in subdivision 2, paragraph (b). The council must
5348	5348	164.3consider and recommend revisions to cleanliness standards based on the collection of public
5349	5349	164.4feedback and must summarize feedback received by the council in the report.
5350	5350	164.5 (c) (b) A report submitted under this subdivision must include:
5351	5351	164.6 (1) the total expenditures for cleaning and repairing transit stations and transit vehicles;
5352	5352	164.7 (2) the frequency, type, and location of repairs;
5353	5353	164.8 (3) whether specific transit stations needed a higher proportion of cleaning or repairs
5354	5354	164.9and detail the council's MTD's strategy to resolve identified and persistent concerns at those
5355	5355	164.10locations;
5356	5356	164.11 (4) recommendations to address workforce challenges for the implementation and
5357	5357	164.12maintenance of cleanliness and repair standards adopted by the council MTD, including
5358	5358	164.13whether the council MTD maintained agreements with third-party services for cleaning and
5359	5359	164.14repair;
5360	5360	164.15 (5) whether the council MTD has adopted preventative measures against vandalism or
5361	5361	164.16graffiti; and
5362	5362	164.17 (6) any recommendations for additions to the transit rider code of conduct under section
5363	5363	164.18473.4065 or the transit rider investment program under section 473.4075.
5364	5364	164.19Sec. 94. Minnesota Statutes 2024, section 473.415, subdivision 1, is amended to read:
5365	5365	164.20 Subdivision 1.Includes no worse off clause.If the council commissioner acquires an
5366	5366	164.21existing transit system, the council commissioner shall assume and observe all existing
5367	5367	164.22labor contracts and pension obligations. All employees of such system except executive
5368	5368	164.23and administrative officers who are necessary for the system operation thereof by the council
5369	5369	164.24shall be transferred to and appointed as employees of the council department for the purposes
5370	5370	164.25of the transit system, subject to all the rights and benefits of sections 473.405 to 473.449.
5371	5371	164.26Such The employees shall be given seniority credit and sick leave, vacation, insurance, and
5372	5372	164.27pension credits in accordance with the records or labor agreements from the acquired transit
5373	5373	164.28system. The council department shall assume the obligations of any transit system acquired
5374	5374	164.29by it with regard to wages, salaries, hours, working conditions, sick leave, health and welfare
5375	5375	164.30and pension or retirement provisions for employees. The council department and the
5376	5376	164.31employees, through their representatives for collective bargaining purposes, shall take
5377	5377	164.32whatever action may be necessary to have pension trust funds presently under the joint
5378	5378	164.33control of the acquired system and the participating employees through their representatives
5379	5379	164Article 8 Sec. 94.
5380	5380	REVISOR MS/VJ 25-0104601/28/25 165.1transferred to the trust fund to be established, maintained and administered jointly by the
5381	5381	165.2council department and the participating employees through their representatives. No
5382	5382	165.3employee of any acquired system who is transferred to a position with the council department
5383	5383	165.4shall by reason of such transfer be placed in any worse position with respect to workers'
5384	5384	165.5compensation, pension, seniority, wages, sick leave, vacation, health and welfare insurance
5385	5385	165.6or any other benefits than the employee enjoyed as an employee of such acquired system.
5386	5386	165.7Sec. 95. Minnesota Statutes 2024, section 473.416, is amended to read:
5387	5387	165.8 473.416 RIGHTS OF SYSTEM WORKERS IN TAKEOVER OF TRANSIT
5388	5388	165.9SYSTEM.
5389	5389	165.10 Whenever the council commissioner directly operates any public transit system, or any
5390	5390	165.11part thereof, or enters into any management contract or other arrangement for the operation
5391	5391	165.12of a system, the council commissioner shall take the action necessary to extend to employees
5392	5392	165.13of the affected public transit systems, in accordance with seniority, the first opportunity for
5393	5393	165.14reasonably comparable employment in any available nonsupervisory jobs in respect to such
5394	5394	165.15operations for which they can qualify after a reasonable training period. The employment
5395	5395	165.16must not result in any worsening of the employee's position in the employee's former
5396	5396	165.17employment nor any loss of wages, hours, working conditions, seniority, fringe benefits,
5397	5397	165.18and rights and privileges pertaining thereto. The council commissioner may enter into an
5398	5398	165.19agreement specifying fair and equitable arrangements to protect the interests of employees
5399	5399	165.20who may be affected if the council commissioner should acquire any interest in or purchase
5400	5400	165.21any facilities or other property of a privately owned and operated transit system, or construct,
5401	5401	165.22improve, or reconstruct any facilities or other property acquired from any system, or provide
5402	5402	165.23by contract or otherwise for the operation of transportation facilities or equipment in
5403	5403	165.24competition with, or supplementary to, the service provided by an existing transit system.
5404	5404	165.25The agreement, specifying the terms and conditions of the protective arrangements, must
5405	5405	165.26comply with any applicable requirements of this chapter, and with the requirements of any
5406	5406	165.27federal law or regulation if federal aid is involved. The agreement may provide for final
5407	5407	165.28and binding arbitration of any dispute.
5408	5408	165.29Sec. 96. Minnesota Statutes 2024, section 473.42, is amended to read:
5409	5409	165.30 473.42 EMPLOYER CONTRIBUTIONS FOR CERTAIN EMPLOYEES.
5410	5410	165.31 Notwithstanding any contrary provisions of section 352.029, the council state shall make
5411	5411	165.32the employer contributions required pursuant to section 352.04, subdivision 3, for any
5412	5412	165.33employee who was on authorized leave of absence from the transit operating division of
5413	5413	165Article 8 Sec. 96.
5414	5414	REVISOR MS/VJ 25-0104601/28/25 166.1the former Metropolitan Transit Commission who is employed by the labor organization
5415	5415	166.2which is the exclusive bargaining agent representing Metro Transit Division employees of
5416	5416	166.3the council state and who is covered by the Minnesota State Retirement System in addition
5417	5417	166.4to all other employer contributions the council state is required to make.
5418	5418	166.5Sec. 97. Minnesota Statutes 2024, section 473.436, subdivision 2, is amended to read:
5419	5419	166.6 Subd. 2.Legal investments.Certificates of indebtedness, bonds, or other obligations
5420	5420	166.7issued by the council Metropolitan Area Transit Board to which tax levies have been pledged
5421	5421	166.8pursuant to section 473.446, subdivision 1, shall be proper for investment of any funds by
5422	5422	166.9any bank, savings bank, savings association, credit union, trust company, insurance company
5423	5423	166.10or public or municipal corporation, and may be pledged by any bank, savings bank, savings
5424	5424	166.11association, credit union, or trust company as security for the deposit of public moneys.
5425	5425	166.12Sec. 98. Minnesota Statutes 2024, section 473.436, subdivision 3, is amended to read:
5426	5426	166.13 Subd. 3.Tax exempt.Certificates of indebtedness, bonds, or other obligations of the
5427	5427	166.14council issued under section 473.39 or this section shall be deemed and treated as
5428	5428	166.15instrumentalities of a public government agency.
5429	5429	166.16Sec. 99. Minnesota Statutes 2024, section 473.436, subdivision 6, is amended to read:
5430	5430	166.17 Subd. 6.Temporary borrowing.On or after the first day of any fiscal year, the council
5431	5431	166.18Metropolitan Area Transit Board may borrow money which may be used or expended by
5432	5432	166.19the council commissioner of transportation for any purpose, including but not limited to
5433	5433	166.20current expenses, capital expenditures, and the discharge of any obligation or indebtedness
5434	5434	166.21of the council related to metropolitan area transit purposes. The indebtedness must be
5435	5435	166.22represented by a note or notes which may be issued from time to time in any denomination
5436	5436	166.23and sold at public or private sale pursuant to a resolution authorizing the issuance. The
5437	5437	166.24resolution must set forth the form and manner of execution of the notes and shall contain
5438	5438	166.25other terms and conditions the council board deems necessary or desirable to provide security
5439	5439	166.26for the holders of the notes. The note or notes are payable from committed or appropriated
5440	5440	166.27money from taxes, grants or loans of the state or federal government made to the council
5441	5441	166.28board or the commissioner, or other revenues of the council commissioner for metropolitan
5442	5442	166.29area transit purposes, and the money may be pledged to the payment of the notes. The
5443	5443	166.30council is board and the commissioner are authorized to pledge to the payment of the note
5444	5444	166.31or notes taxes levied by it under section 473.446, subdivision 1, clause (a), and if taxes are
5445	5445	166.32so pledged the council shall transfer amounts received from the levy shall be transferred to
5446	5446	166.33the council board for payment of the note or notes. To the extent the notes are not paid from
5447	5447	166Article 8 Sec. 99.
5448	5448	REVISOR MS/VJ 25-0104601/28/25 167.1the grant or loan money pledged for the payment thereof, the principal and interest of the
5449	5449	167.2notes must be paid from any taxes received by the council board and any income and revenue
5450	5450	167.3received by or accrued to the council commissioner during the fiscal year in which the note
5451	5451	167.4or notes were issued, or other money of the council lawfully available therefor.
5452	5452	167.5 EFFECTIVE DATE.This section is effective for taxes payable in 2030 and thereafter.
5453	5453	167.6Sec. 100. Minnesota Statutes 2024, section 473.446, subdivision 1, is amended to read:
5454	5454	167.7 Subdivision 1.Metropolitan area transit tax.(a) For the purposes of sections 473.405
5455	5455	167.8to 473.449 and the metropolitan transit system, except as otherwise provided in this
5456	5456	167.9subdivision, the council Metropolitan Area Transit Board established in subdivision 1c shall
5457	5457	167.10levy each year upon all taxable property within the metropolitan area, defined in section
5458	5458	167.11473.121, subdivision 2, a transit tax consisting of:
5459	5459	167.12 (1) an amount necessary to provide full and timely payment of certificates of indebtedness,
5460	5460	167.13bonds, including refunding bonds or other obligations issued or to be issued under section
5461	5461	167.14473.39 by the council for purposes of acquisition and betterment of property and other
5462	5462	167.15improvements of a capital nature and to which the former Metropolitan Council, or the
5463	5463	167.16Metropolitan Area Transit Board, as applicable, has specifically pledged tax levies under
5464	5464	167.17this clause; and
5465	5465	167.18 (2) an additional amount necessary to provide full and timely payment of certificates of
5466	5466	167.19indebtedness issued by the former Metropolitan Council or the Metropolitan Area Transit
5467	5467	167.20Board, after consultation with the commissioner of management and budget, if revenues to
5468	5468	167.21the metropolitan area transit fund in the fiscal year in which the indebtedness is issued
5469	5469	167.22increase over those revenues in the previous fiscal year by a percentage less than the
5470	5470	167.23percentage increase for the same period in the revised Consumer Price Index for all urban
5471	5471	167.24consumers for the St. Paul-Minneapolis metropolitan area prepared by the United States
5472	5472	167.25Department of Labor.
5473	5473	167.26 (b) Indebtedness to which property taxes have been pledged under paragraph (a), clause
5474	5474	167.27(2), that is incurred in any fiscal year may not exceed the amount necessary to make up the
5475	5475	167.28difference between (1) the amount that the council commissioner of transportation received
5476	5476	167.29or expects to receive in that fiscal year from the metropolitan area transit fund and (2) the
5477	5477	167.30amount the former Metropolitan Council or the commissioner received from that fund in
5478	5478	167.31the previous fiscal year multiplied by the percentage increase for the same period in the
5479	5479	167.32revised Consumer Price Index for all urban consumers for the St. Paul-Minneapolis
5480	5480	167.33metropolitan area prepared by the United States Department of Labor.
5481	5481	167Article 8 Sec. 100.
5482	5482	REVISOR MS/VJ 25-0104601/28/25 168.1Sec. 101. Minnesota Statutes 2024, section 473.446, is amended by adding a subdivision
5483	5483	168.2to read:
5484	5484	168.3 Subd. 1c.Metropolitan Area Transit Board.(a) A Metropolitan Area Transit Board
5485	5485	168.4is established, consisting of one commissioner of each county included in whole or in part
5486	5486	168.5within the transit taxing district designated in subdivision 2. Each of those county boards
5487	5487	168.6must appoint its initial member to the Metropolitan Area Transit Board by June 1, 2025.
5488	5488	168.7 (b) The board must annually set the levy as required under this section, and may issue
5489	5489	168.8obligations as provided in section 473.39, and borrow as provided in section 473.436. Each
5490	5490	168.9member's term on the board ends four years after the date of appointment or when the
5491	5491	168.10member ceases to be a county commissioner. The county board must appoint a successor
5492	5492	168.11member to represent the county on the transit board.
5493	5493	168.12 (c) The board may utilize no more than ... percent of the proceeds of the tax imposed
5494	5494	168.13under this section for ordinary administrative expenses incurred in carrying out the provisions
5495	5495	168.14of this section and sections 473.39 and 473.436. Any additional administrative expenses
5496	5496	168.15must be paid by the participating counties.
5497	5497	168.16 EFFECTIVE DATE.This section is effective the day following final enactment.
5498	5498	168.17Sec. 102. Minnesota Statutes 2024, section 473.446, subdivision 2, is amended to read:
5499	5499	168.18 Subd. 2.Transit taxing district.The metropolitan transit taxing district is hereby
5500	5500	168.19designated as that portion of the metropolitan transit area lying within the following named
5501	5501	168.20cities, towns, or unorganized territory within the counties indicated:
5502	5502	168.21 (a) Anoka County. Anoka, Blaine, Centerville, Columbia Heights, Coon Rapids, Fridley,
5503	5503	168.22Circle Pines, Hilltop, Lexington, Lino Lakes, Spring Lake Park;
5504	5504	168.23 (b) Carver County. Chanhassen, the city of Chaska;
5505	5505	168.24 (c) Dakota County. Apple Valley, Burnsville, Eagan, Inver Grove Heights, Lilydale,
5506	5506	168.25Mendota, Mendota Heights, Rosemount, South St. Paul, Sunfish Lake, West St. Paul;
5507	5507	168.26 (d) Ramsey County. All of the territory within Ramsey County;
5508	5508	168.27 (e) Hennepin County. Bloomington, Brooklyn Center, Brooklyn Park, Champlin,
5509	5509	168.28Chanhassen, Crystal, Deephaven, Eden Prairie, Edina, Excelsior, Golden Valley, Greenwood,
5510	5510	168.29Hopkins, Long Lake, Maple Grove, Medicine Lake, Minneapolis, Minnetonka, Minnetonka
5511	5511	168.30Beach, Mound, New Hope, Orono, Osseo, Plymouth, Richfield, Robbinsdale, St. Anthony,
5512	5512	168.31St. Louis Park, Shorewood, Spring Park, Tonka Bay, Wayzata, Woodland, the unorganized
5513	5513	168.32territory of Hennepin County;
5514	5514	168Article 8 Sec. 102.
5515	5515	REVISOR MS/VJ 25-0104601/28/25 169.1 (f) Scott County. Prior Lake, Savage, Shakopee;
5516	5516	169.2 (g) Washington County. Baytown, the city of Stillwater, White Bear Lake, Bayport,
5517	5517	169.3Birchwood, Cottage Grove, Dellwood, Lake Elmo, Landfall, Mahtomedi, Newport, Oakdale,
5518	5518	169.4Oak Park Heights, Pine Springs, St. Paul Park, Willernie, Woodbury.
5519	5519	169.5 The Metropolitan Council in its sole discretion commissioner of transportation may
5520	5520	169.6provide transit service by contract beyond the boundaries of the metropolitan transit taxing
5521	5521	169.7district or to cities and towns within the taxing district which are receiving financial assistance
5522	5522	169.8under section 473.388, upon petition therefor by an interested city, township, or political
5523	5523	169.9subdivision within the metropolitan transit area. The Metropolitan Council commissioner
5524	5524	169.10of transportation may establish such the terms and conditions as it deems deemed necessary
5525	5525	169.11and advisable for providing the transit service, including such combination of fares and
5526	5526	169.12direct payments by the petitioner as that will compensate the council for the full capital and
5527	5527	169.13operating cost of the service and the related administrative activities of the council. The
5528	5528	169.14amount of the levy made by any municipality to pay for the service shall be disregarded
5529	5529	169.15when calculation of levies subject to limitations is made, provided that cities and towns
5530	5530	169.16receiving financial assistance under section 473.388 shall not make a special levy under
5531	5531	169.17this subdivision without having first exhausted the available local transit funds as defined
5532	5532	169.18in section 473.388. The council shall commissioner is not be obligated to extend service
5533	5533	169.19beyond the boundaries of the taxing district, or to cities and towns within the taxing district
5534	5534	169.20which are receiving financial assistance under section 473.388, under any law or contract
5535	5535	169.21unless or until payment therefor is received.
5536	5536	169.22 EFFECTIVE DATE.This section is effective for taxes payable in 2030 and thereafter.
5537	5537	169.23Sec. 103. Minnesota Statutes 2024, section 473.446, subdivision 3, is amended to read:
5538	5538	169.24 Subd. 3.Certification and collection.Each county treasurer shall collect and make
5539	5539	169.25settlement of the taxes levied under subdivisions 1 and 1a with the treasurer of the council
5540	5540	169.26commissioner of transportation. The levy of transit taxes pursuant to this section shall not
5541	5541	169.27affect the amount or rate of taxes which may be levied by any county or municipality or by
5542	5542	169.28the council for other purposes authorized by law and shall be in addition to any other property
5543	5543	169.29tax authorized by law.
5544	5544	169.30 EFFECTIVE DATE.This section is effective for taxes payable in 2030 and thereafter.
5545	5545	169Article 8 Sec. 103.
5546	5546	REVISOR MS/VJ 25-0104601/28/25 170.1Sec. 104. Minnesota Statutes 2024, section 473.446, subdivision 8, is amended to read:
5547	5547	170.2 Subd. 8.State review.The commissioner of revenue shall certify the council's levy
5548	5548	170.3limitation under this section to the council Metropolitan Area Transit Board by August 1
5549	5549	170.4of the levy year. The council board must certify its proposed property tax levy under this
5550	5550	170.5section to the commissioner of revenue by September 1 of the levy year. The commissioner
5551	5551	170.6of revenue shall annually determine whether the property tax for transit purposes certified
5552	5552	170.7by the council for levy following the adoption of its proposed budget by the board is within
5553	5553	170.8the levy limitation imposed by subdivisions 1 and 1b. The commissioner shall also annually
5554	5554	170.9determine whether the transit tax imposed on all taxable property within the metropolitan
5555	5555	170.10transit area but outside of the metropolitan transit taxing district is within the levy limitation
5556	5556	170.11imposed by subdivision 1a. The determination must be completed prior to September 10 of
5557	5557	170.12each year. If current information regarding market valuation in any county is not transmitted
5558	5558	170.13to the commissioner in a timely manner, the commissioner may estimate the current market
5559	5559	170.14valuation within that county for purposes of making the calculations.
5560	5560	170.15Sec. 105. Minnesota Statutes 2024, section 473.4465, subdivision 1, is amended to read:
5561	5561	170.16 Subdivision 1.Definition.For purposes of this section, "sales tax revenue" means the
5562	5562	170.17portion of revenue from the regional transportation sales and use tax under section 297A.9915
5563	5563	170.18that is allocated to the council Metropolitan Area Transit Board for purposes of this section.
5564	5564	170.19Sec. 106. Minnesota Statutes 2024, section 473.4465, subdivision 2, is amended to read:
5565	5565	170.20 Subd. 2.Use of funds; Metropolitan Council Area Transit Board.(a) Sales tax revenue
5566	5566	170.21is available as follows:
5567	5567	170.22 (1) five percent for active transportation, as determined by the Transportation Advisory
5568	5568	170.23Board under subdivision 3; and
5569	5569	170.24 (2) 95 percent for transit system purposes under sections 473.371 to 473.452, including
5570	5570	170.25but not limited to operations, maintenance, and capital projects.
5571	5571	170.26 (b) The council transit board must expend a portion of sales tax revenue in each of the
5572	5572	170.27following categories:
5573	5573	170.28 (1) improvements to regular route bus service levels;
5574	5574	170.29 (2) improvements related to transit safety, including additional transit officials, as defined
5575	5575	170.30under section 473.4075;
5576	5576	170.31 (3) maintenance and improvements to bus accessibility at transit stops and transit centers;
5577	5577	170Article 8 Sec. 106.
5578	5578	REVISOR MS/VJ 25-0104601/28/25 171.1 (4) transit shelter replacement and improvements under section 473.41;
5579	5579	171.2 (5) planning and project development for expansion of arterial bus rapid transit lines;
5580	5580	171.3 (6) operations and capital maintenance of arterial bus rapid transit;
5581	5581	171.4 (7) planning and project development for expansion of highway bus rapid transit and
5582	5582	171.5bus guideway lines;
5583	5583	171.6 (8) operations and capital maintenance of highway bus rapid transit and bus guideways;
5584	5584	171.7 (9) zero-emission bus procurement and associated costs in conformance with the
5585	5585	171.8zero-emission and electric transit vehicle transition plan under section 473.3927;
5586	5586	171.9 (10) demand response microtransit service provided by the council MnDOT Metropolitan
5587	5587	171.10Transit Division;
5588	5588	171.11 (11) financial assistance to replacement service providers under section 473.388, to
5589	5589	171.12provide for service, vehicle purchases, and capital investments related to demand response
5590	5590	171.13microtransit service;
5591	5591	171.14 (12) financial assistance to political subdivisions and tax-exempt organizations under
5592	5592	171.15section 501(c)(3) of the Internal Revenue Code for active transportation; and
5593	5593	171.16 (13) wage adjustments for Metro Transit MnDOT Metropolitan Transit Division hourly
5594	5594	171.17operations employees.
5595	5595	171.18Sec. 107. Minnesota Statutes 2024, section 473.4465, subdivision 5, is amended to read:
5596	5596	171.19 Subd. 5.Prohibition.(a) The council transit board is prohibited from expending sales
5597	5597	171.20tax revenue on the Southwest light rail transit (Green Line Extension) project.
5598	5598	171.21 (b) Paragraph (a) expires on the date of expiration of the Metropolitan Governance Task
5599	5599	171.22Force as specified under Laws 2023, chapter 68, article 4, section 123, subdivision 11.
5600	5600	171.23Sec. 108. Minnesota Statutes 2024, section 473.4465, subdivision 6, is amended to read:
5601	5601	171.24 Subd. 6.Tracking and information.(a) The council transit board must maintain separate
5602	5602	171.25financial information on sales tax revenue that includes:
5603	5603	171.26 (1) a summary of annual revenue and expenditures, including but not limited to balances
5604	5604	171.27and anticipated revenue in the forecast period under section 16A.103; and
5605	5605	171.28 (2) for active transportation under subdivision 3 and each of the categories specified
5606	5606	171.29under subdivision 2 in the most recent prior three fiscal years:
5607	5607	171Article 8 Sec. 108.
5608	5608	REVISOR MS/VJ 25-0104601/28/25 172.1 (i) specification of annual expenditures; and
5609	5609	172.2 (ii) an overview of the projects or services.
5610	5610	172.3 (b) The council transit board must publish the information required under paragraph (a)
5611	5611	172.4on the council's board's website.
5612	5612	172.5Sec. 109. Minnesota Statutes 2024, section 473.448, is amended to read:
5613	5613	172.6 473.448 TRANSIT ASSETS EXEMPT FROM TAX BUT MUST PAY
5614	5614	172.7ASSESSMENTS.
5615	5615	172.8 (a) Notwithstanding any other provision of law to the contrary, the properties, moneys,
5616	5616	172.9and other assets of the council department used for transit operations in the metropolitan
5617	5617	172.10area or for special transportation services in the metropolitan area and all revenues or other
5618	5618	172.11income from the council's department's transit operations in the metropolitan area or special
5619	5619	172.12transportation services in the metropolitan area are exempt from all taxation, licenses, or
5620	5620	172.13fees imposed by the state or by any county, municipality, political subdivision, taxing district,
5621	5621	172.14or other public agency or body of the state, except to the extent that the property is subject
5622	5622	172.15to the sales and use tax under chapter 297A.
5623	5623	172.16 (b) Notwithstanding paragraph (a), the council's department's transit properties are subject
5624	5624	172.17to special assessments levied by a political subdivision for a local improvement in amounts
5625	5625	172.18proportionate to and not exceeding the special benefit received by the properties from the
5626	5626	172.19improvement.
5627	5627	172.20Sec. 110. Minnesota Statutes 2024, section 473.4485, subdivision 1, is amended to read:
5628	5628	172.21 Subdivision 1.Definitions.(a) For purposes of this section, the following terms have
5629	5629	172.22the meanings given.
5630	5630	172.23 (b) "Busway" means a form of bus service provided to the public on a regular and ongoing
5631	5631	172.24basis, including arterial or highway bus rapid transit, that (1) compared to other regular
5632	5632	172.25route bus service, provides reduced travel time and uses distinct bus stop or station amenities,
5633	5633	172.26and (2) does not primarily or substantially operate within separated rights-of-way.
5634	5634	172.27 (c) "Commissioner" means the commissioner of transportation.
5635	5635	172.28 (d) "Guideway" means a form of transportation service provided to the public on a
5636	5636	172.29regular and ongoing basis that primarily or substantially operates within separated
5637	5637	172.30rights-of-way or operates on rails, and includes:
5638	5638	172.31 (1) each line for intercity passenger rail, commuter rail, light rail transit, and streetcars;
5639	5639	172Article 8 Sec. 110.
5640	5640	REVISOR MS/VJ 25-0104601/28/25 173.1 (2) as applicable, each line for dedicated bus service, which may include arterial or
5641	5641	173.2highway bus rapid transit, limited stop bus service, and express bus service; and
5642	5642	173.3 (3) any intermodal facility serving two or more lines identified in clauses (1) and (2).
5643	5643	173.4Guideway does not include a busway.
5644	5644	173.5 (e) "Local unit of government" means a county, statutory or home rule charter city, town,
5645	5645	173.6or other political subdivision including, but not limited to, a regional railroad authority or
5646	5646	173.7joint powers board.
5647	5647	173.8 (f) "Separated rights-of-way" includes exclusive, dedicated, or primary use of a
5648	5648	173.9right-of-way by the public transportation service. Separated rights-of-way does not include
5649	5649	173.10a shoulder, dynamic shoulder lane, or priced lane under section 160.93.
5650	5650	173.11 (g) "Sources of funds" includes, but is not limited to, money from federal aid, state
5651	5651	173.12appropriations, the Metropolitan Council Area Transit Board, special taxing districts, local
5652	5652	173.13units of government, farebox recovery, and nonpublic sources.
5653	5653	173.14 (h) "Budget activity" includes, but is not limited to, environmental analysis, land
5654	5654	173.15acquisition, easements, design, preliminary and final engineering, acquisition of vehicles
5655	5655	173.16and rolling stock, track improvement and rehabilitation, and construction.
5656	5656	173.17Sec. 111. Minnesota Statutes 2024, section 473.449, is amended to read:
5657	5657	173.18 473.449 ACT EXCLUSIVE.
5658	5658	173.19 The exercise by the council commissioner of the powers provided in sections 473.405
5659	5659	173.20to 473.449 shall not be subject to regulation by or the jurisdiction or control of any other
5660	5660	173.21public body or agency, either state, county, or municipal, except as specifically provided
5661	5661	173.22in this chapter.
5662	5662	173.23Sec. 112. TRANSFER PROVISIONS.
5663	5663	173.24 Subdivision 1.General.The Metropolitan Council's powers and duties related to transit
5664	5664	173.25financing, coordination, and operation are transferred to the commissioner of transportation.
5665	5665	173.26Minnesota Statutes, section 15.039, applies to the transfer of the council's powers, duties,
5666	5666	173.27and assets to the commissioner to the extent practicable.
5667	5667	173.28 Subd. 2.Legislative proposal.(a) The commissioner of transportation shall prepare
5668	5668	173.29and submit to the legislature by February 1, 2026, proposed legislation to integrate the
5669	5669	173.30department's metropolitan area transit powers and duties with its other transportation powers
5670	5670	173.31and duties.
5671	5671	173Article 8 Sec. 112.
5672	5672	REVISOR MS/VJ 25-0104601/28/25 174.1 (b) The proposal must include the following elements:
5673	5673	174.2 (1) the Metropolitan Council transit operations shall become MnDOT Metropolitan
5674	5674	174.3Transit Division (MTD);
5675	5675	174.4 (2) a dedicated account adequate for MTD transit operations shall be established separate
5676	5676	174.5from road and bridge, greater Minnesota transit, and other transportation department funds
5677	5677	174.6and accounts;
5678	5678	174.7 (3) MTD must fully advertise publicly owned and operated transit for the metropolitan
5679	5679	174.8area;
5680	5680	174.9 (4) MTD shall continue to operate and maintain regional fleet buses, trains, and routes
5681	5681	174.10with a process set up to transfer ownership of the regional fleet buses, trains, and
5682	5682	174.11appurtenances to MTD;
5683	5683	174.12 (5) ATU Union Local 1005 employees who were absorbed into Metropolitan Council
5684	5684	174.13headquarters shall be given an opportunity to transfer to the new MTD by a process in the
5685	5685	174.14legislative proposal;
5686	5686	174.15 (6) ATU Union Local 1005 employees at the time of the transfer from the Metropolitan
5687	5687	174.16Council to MTD shall be transferred to MTD and that the collective bargaining agreement
5688	5688	174.17in effect for Transfer Union Local 1005 at the time of the transfer continue in effect
5689	5689	174.18unchanged; and
5690	5690	174.19 (7) replacement services, contract services, and similar transit services that use MTD
5691	5691	174.20fare boxes, radio system, transit supervision, police, security, maintenance, mechanical, and
5692	5692	174.21other services may continue to do so if a fee is paid to MTD for the reasonable value of the
5693	5693	174.22services.
5694	5694	174.23Sec. 113. APPROPRIATION.
5695	5695	174.24 $....... is appropriated in fiscal year 2026 from the general fund to the commissioner of
5696	5696	174.25transportation for the purposes of this article.
5697	5697	174.26Sec. 114. REPEALER.
5698	5698	174.27 Minnesota Statutes 2024, sections 174.22, subdivision 3; 473.167, subdivisions 3 and
5699	5699	174.284; 473.388, subdivisions 1, 2, 3, 4, 4a, 5, and 7; 473.39, subdivision 4; 473.3993, subdivision
5700	5700	174.294; 473.3999; 473.411, subdivisions 3 and 4; and 473.4461, are repealed.
5701	5701	174Article 8 Sec. 114.
5702	5702	REVISOR MS/VJ 25-0104601/28/25 175.1Sec. 115. EFFECTIVE DATE.
5703	5703	175.2 Except where otherwise indicated, this article is effective July 1, 2029.
5704	5704	175.3 ARTICLE 9
5705	5705	175.4 WATER AND SOLID WASTE MANAGEMENT
5706	5706	175.5Section 1. [115.651] METROPOLITAN AREA SANITARY SEWER DISTRICT.
5707	5707	175.6 Subdivision 1.Definition.For purposes of this section, "Metropolitan Area Sanitary
5708	5708	175.7Sewer District" or "metropolitan district" means a sanitary sewer district as defined in the
5709	5709	175.8meaning of sections 115.61 to 115.67 that encompasses the metropolitan area, as defined
5710	5710	175.9in section 473.121, subdivision 2.
5711	5711	175.10 Subd. 2.Powers.In addition to the powers and duties enumerated in sections 115.61 to
5712	5712	175.11115.67, the metropolitan district has the powers and duties stated in this section.
5713	5713	175.12 Subd. 3.Ordinances; penalties.The metropolitan district must have the power to adopt
5714	5714	175.13ordinances relating to the operation of any interceptors or treatment works operated by the
5715	5715	175.14metropolitan district and may provide penalties for ordinance violations not exceeding the
5716	5716	175.15maximum that may be specified for a misdemeanor. Any rule prescribing a penalty for
5717	5717	175.16violation must be published at least once in a newspaper having general circulation in the
5718	5718	175.17metropolitan area.
5719	5719	175.18 Subd. 4.Gifts; grants; loans.(a) The metropolitan district may accept gifts, may apply
5720	5720	175.19for and accept grants or loans of money or other property from the United States, the state,
5721	5721	175.20or any person for any of its purposes, including any grant available under the federal Water
5722	5722	175.21Pollution Control Act Amendments of 1972, whether for construction, research or pilot
5723	5723	175.22project implementation; may enter into any agreement required by the grant or loan; and
5724	5724	175.23may hold, use, and dispose of the money or property in accordance with the terms of the
5725	5725	175.24gift, grant, loan, or agreement.
5726	5726	175.25 (b) The metropolitan district has all powers necessary to comply with the federal Water
5727	5727	175.26Pollution Control Act Amendments of 1972 and any associated grant offered to the
5728	5728	175.27metropolitan district, including but not limited to the power to enter into contracts with, or
5729	5729	175.28to impose charges upon, persons using the metropolitan disposal system as the metropolitan
5730	5730	175.29district determines is necessary for the recovery of treatment works and interceptor costs
5731	5731	175.30paid with federal grant funds. These costs must be recovered by local government units on
5732	5732	175.31behalf of the metropolitan district to the greatest extent practicable.
5733	5733	175Article 9 Section 1.
5734	5734	REVISOR MS/VJ 25-0104601/28/25 176.1 Subd. 5.Joint or cooperative action.The metropolitan district may act under the
5735	5735	176.2provisions of section 471.59, or any other appropriate law providing for joint or cooperative
5736	5736	176.3action between government units.
5737	5737	176.4 Subd. 6.May acquire property.(a) The metropolitan district may acquire, by purchase,
5738	5738	176.5lease, condemnation, gift, or grant, any real or personal property, including positive and
5739	5739	176.6negative easements and water and air rights. The metropolitan district may construct, enlarge,
5740	5740	176.7improve, replace, repair, maintain, and operate any interceptor or treatment works the
5741	5741	176.8metropolitan district determines is necessary or convenient for the collection and disposal
5742	5742	176.9of sewage in the metropolitan area.
5743	5743	176.10 (b) A local government unit and the commissioners of transportation and natural resources
5744	5744	176.11are authorized to convey to the metropolitan district any facility owned or controlled by the
5745	5745	176.12local government unit, or permit the metropolitan district to use any facility owned or
5746	5746	176.13controlled by the local government unit subject to the rights of the holders of any bonds
5747	5747	176.14issued with respect thereto, with or without compensation, and without an election or
5748	5748	176.15approval by any other government agency.
5749	5749	176.16 (c) All powers conferred by this subdivision may be exercised within or without the
5750	5750	176.17metropolitan area as may be necessary for the metropolitan district to exercise its powers
5751	5751	176.18or accomplish its purposes. The metropolitan district may hold property for its purposes
5752	5752	176.19and may lease any property not needed for its purposes, upon the terms and in the manner
5753	5753	176.20the metropolitan district deems advisable.
5754	5754	176.21 (d) Unless otherwise provided, the right to acquire lands and property rights by
5755	5755	176.22condemnation must be exercised in accordance with chapter 117 and must apply to any
5756	5756	176.23interest in property owned by any local government unit, provided that no property devoted
5757	5757	176.24to an actual public use at the time, or held to be devoted to public use within a reasonable
5758	5758	176.25time, must be acquired unless a court of competent jurisdiction determines that the use
5759	5759	176.26proposed by the district is paramount to that use. Except for property in actual public use,
5760	5760	176.27the metropolitan district may take possession of any property for which condemnation
5761	5761	176.28proceedings have been commenced at any time after the issuance of a court order appointing
5762	5762	176.29commissioners for the condemnation of the property.
5763	5763	176.30 Subd. 7.Nonfranchise required.The metropolitan district may construct or maintain
5764	5764	176.31its systems or facilities in, along, on, under, over, or through public streets, bridges, viaducts,
5765	5765	176.32and other public rights-of-way without first obtaining a franchise from any local government
5766	5766	176.33unit having jurisdiction over them, but the facilities must be constructed and maintained in
5767	5767	176.34accordance with the ordinances and resolutions of any government unit relating to
5768	5768	176Article 9 Section 1.
5769	5769	REVISOR MS/VJ 25-0104601/28/25 177.1construction, installation, and maintenance of similar facilities in public properties and must
5770	5770	177.2not obstruct the public use of rights-of-way.
5771	5771	177.3 Subd. 8.Surplus property.The metropolitan district may sell or otherwise dispose of
5772	5772	177.4any real or personal property acquired by the district that is no longer required for
5773	5773	177.5accomplishment of its purposes. The property may be sold in the manner provided by section
5774	5774	177.6469.065, as far as practical. The metropolitan district may give the notice of sale as it deems
5775	5775	177.7appropriate. When the metropolitan district determines that any property or any interceptor
5776	5776	177.8or treatment works that have been acquired from a local government unit without
5777	5777	177.9compensation is no longer required, but is required as a local facility by the government
5778	5778	177.10unit from which the acquisition was acquired, the metropolitan district may by resolution
5779	5779	177.11transfer the acquisition to the government unit.
5780	5780	177.12 Subd. 9.Pacts with other governments.The metropolitan district may contract with
5781	5781	177.13the United States or its agency, any state or its agency, or any local government unit, agency,
5782	5782	177.14or subdivision for: (1) the joint use of any facility owned by the metropolitan district or the
5783	5783	177.15entity; (2) the operation by the entity of any system or facility of the metropolitan district;
5784	5784	177.16or (3) the performance of any service on the metropolitan district's behalf, on terms agreed
5785	5785	177.17upon by the contracting parties.
5786	5786	177.18Sec. 2. [115.652] TOTAL WATERSHED MANAGEMENT .
5787	5787	177.19 The metropolitan district may enter into agreements with other governmental bodies
5788	5788	177.20and agencies and spend funds to implement total watershed management. For purposes of
5789	5789	177.21this section, "total watershed management" means identifying and quantifying at a watershed
5790	5790	177.22level the (1) sources of pollution, both point and nonpoint, (2) causes of conditions that may
5791	5791	177.23or may not be a result of pollution, and (3) means of reducing pollution or alleviating adverse
5792	5792	177.24conditions. The purpose of total watershed management is to achieve the best water quality
5793	5793	177.25for waters of the state receiving the effluent of the metropolitan disposal system for the
5794	5794	177.26lowest total costs, without regard to who will incur those costs.
5795	5795	177.27Sec. 3. [115.653] SEWER SERVICE FUNCTION.
5796	5796	177.28 Subdivision 1.Duty of metropolitan district; new and existing facilities.The
5797	5797	177.29metropolitan district must assume ownership of all existing interceptors and treatment works
5798	5798	177.30that will be needed for the collection, treatment, and disposal of sewage in the metropolitan
5799	5799	177.31area, in the manner and subject to the conditions prescribed in subdivision 2, and must
5800	5800	177.32thereafter acquire, construct, equip, operate, and maintain all additional interceptors and
5801	5801	177.33treatment works that will be needed for those purposes. The metropolitan district must
5802	5802	177Article 9 Sec. 3.
5803	5803	REVISOR MS/VJ 25-0104601/28/25 178.1assume ownership of all treatment works owned by a local government unit if any part of
5804	5804	178.2the treatment works will be needed for the stated purposes.
5805	5805	178.3 Subd. 2.Method of acquisition; existing debt.(a) The metropolitan district may require
5806	5806	178.4any local government unit to transfer to the metropolitan district all of the rights, titles, and
5807	5807	178.5interest in any interceptors or treatment works and all necessary appurtenances owned by
5808	5808	178.6the local government unit that will be needed for the purpose stated in subdivision 1.
5809	5809	178.7Appropriate instruments of conveyance for the property must be executed and delivered to
5810	5810	178.8the metropolitan district by the proper officers of each local government unit concerned.
5811	5811	178.9 (b) All persons regularly employed by a local government unit to operate and maintain
5812	5812	178.10any treatment works so transferred to the metropolitan district, on the date on which the
5813	5813	178.11transfer becomes effective, must be employees of the metropolitan district, in the same
5814	5814	178.12manner and with the same options and rights as are reserved to employees of sanitary districts
5815	5815	178.13and joint boards under subdivision 3.
5816	5816	178.14 (c) The metropolitan district, upon assuming ownership of interceptors or treatment
5817	5817	178.15works, must become obligated to pay to the local government unit amounts sufficient to
5818	5818	178.16pay when due all remaining principal and interest on bonds issued by the local government
5819	5819	178.17unit for the acquisition or betterment of the interceptors or treatment works taken over.
5820	5820	178.18These amounts may be offset against any amount to be paid to the metropolitan district by
5821	5821	178.19the local government unit as provided in section 115.656.
5822	5822	178.20 Subd. 3.Existing sanitary districts; joint sewer boards.(a) The employees must
5823	5823	178.21perform duties prescribed by the metropolitan district. All subsequent collections of taxes,
5824	5824	178.22special assessments, or service charges levied or imposed by or for the Metropolitan Council
5825	5825	178.23must be transferred to the metropolitan district. Effective July 1, 2026, employees of the
5826	5826	178.24Metropolitan Council wastewater division are employees of the metropolitan district. The
5827	5827	178.25district must make the employer's contributions to pension funds of its employees.
5828	5828	178.26 (b) The metropolitan district must succeed to and become vested by action of law with
5829	5829	178.27all right, title, and interest in and to any property, real or personal, owned or operated by
5830	5830	178.28the Metropolitan Council in conjunction with its powers and duties related to wastewater.
5831	5831	178.29Prior to that date, the Metropolitan Council must execute and deliver to the metropolitan
5832	5832	178.30district all deeds, conveyances, bills of sale, and other documents or instruments required
5833	5833	178.31to vest in the metropolitan district good and marketable title to all real or personal property,
5834	5834	178.32provided that vesting of the title must occur by operation of law and failure to execute and
5835	5835	178.33deliver the documents does not affect the vesting of title in the metropolitan district on the
5836	5836	178.34dates indicated in this subdivision.
5837	5837	178Article 9 Sec. 3.
5838	5838	REVISOR MS/VJ 25-0104601/28/25 179.1 (c) The metropolitan district, upon the vesting of property in paragraph (b), is obligated
5839	5839	179.2to pay or assume all bonded or other debt and contract obligations incurred by the former
5840	5840	179.3Metropolitan Council wastewater division for the acquisition or betterment of any interceptors
5841	5841	179.4or treatment works.
5842	5842	179.5Sec. 4. [115.654] SEWAGE COLLECTION AND DISPOSAL; POWERS.
5843	5843	179.6 Subdivision 1.Identification of powers.In addition to all other powers conferred upon
5844	5844	179.7or delegated to the metropolitan district, the metropolitan district has the powers specified
5845	5845	179.8in this section.
5846	5846	179.9 Subd. 2.Right to discharge treated sewage.The metropolitan district has the right to
5847	5847	179.10discharge the effluent from any treatment works operated by it into any waters of the state
5848	5848	179.11in accordance with any effluent or water quality standards lawfully adopted by the Pollution
5849	5849	179.12Control Agency.
5850	5850	179.13 Subd. 3.Connections with metropolitan system.The metropolitan district may: (1)
5851	5851	179.14require any person or local government unit in the metropolitan area to provide for the
5852	5852	179.15discharge of its sewage, directly or indirectly, into the metropolitan disposal system, or to
5853	5853	179.16connect part or all of any disposal system or part with the metropolitan disposal system
5854	5854	179.17wherever reasonable opportunity is provided; (2) regulate the manner in which the
5855	5855	179.18connections are made; (3) require any person or local government unit discharging sewage
5856	5856	179.19into the metropolitan disposal system to provide preliminary treatment; (4) prohibit the
5857	5857	179.20discharge into the metropolitan disposal system of any substance that the metropolitan
5858	5858	179.21district determines will or may be harmful to the system or any persons operating it; and
5859	5859	179.22(5) require any local government unit to discontinue the acquisition, betterment, or operation
5860	5860	179.23of any facility for its disposal system wherever adequate service is or will be provided by
5861	5861	179.24the metropolitan disposal system.
5862	5862	179.25Sec. 5. [115.655] VIOLATION OF WASTEWATER LAW; REMEDIES;
5863	5863	179.26PENALTIES.
5864	5864	179.27 Subdivision 1.Remedies available.(a) For purposes of this section, "violation" means
5865	5865	179.28any discharge or action by a person that violates sections or rules, standards, variances,
5866	5866	179.29ordinances, limitations, orders, stipulations, agreements, schedules of compliance, or permits
5867	5867	179.30that are issued or adopted by the metropolitan district under sections 115.651 to 115.665.
5868	5868	179.31 (b) Each violation may be enforced by any one or a combination of the following:
5869	5869	179.32criminal prosecution, civil action, or other appropriate action in accordance with sections
5870	5870	179.33115.651 to 115.665.
5871	5871	179Article 9 Sec. 5.
5872	5872	REVISOR MS/VJ 25-0104601/28/25 180.1 Subd. 2.Criminal penalties; duties.(a) Any person who commits a violation under
5873	5873	180.2subdivision 1 may be sentenced to imprisonment for not more than 90 days or to payment
5874	5874	180.3of a fine of not more than $1,000, or both.
5875	5875	180.4 (b) County attorneys, sheriffs and other peace officers, and other officers authorized to
5876	5876	180.5enforce criminal laws must take all action necessary to prosecute and punish violations.
5877	5877	180.6 Subd. 3.Civil penalties.A violation is subject to a penalty payable to the state, in an
5878	5878	180.7amount to be determined by the court, of not more than $1,000 per day of violation. The
5879	5879	180.8civil penalty may be recovered by a civil action brought by the metropolitan district in the
5880	5880	180.9name of the state.
5881	5881	180.10Sec. 6. [115.656] ALLOCATION OF COSTS.
5882	5882	180.11 Subdivision 1.Allocation method.Except as provided in subdivision 2, the estimated
5883	5883	180.12costs of operation, maintenance, and debt service of the metropolitan disposal system to be
5884	5884	180.13paid by the metropolitan district in each fiscal year and the costs of acquisition and betterment
5885	5885	180.14of the system that are to be paid during the year from funds other than bond proceeds,
5886	5886	180.15including all expenses incurred by the metropolitan district pursuant to sections 115.653 to
5887	5887	180.16115.665, are referred to in this section as current costs and must be allocated among and
5888	5888	180.17paid by all local government units that will discharge sewage, directly or indirectly, into
5889	5889	180.18the metropolitan disposal system during the budget year according to an allocation method
5890	5890	180.19determined by the metropolitan district. The allocated costs may include an amount for a
5891	5891	180.20reserve or contingency fund and an amount for cash flow management. The cash-flow
5892	5892	180.21management fund so established must not exceed five percent of the metropolitan district's
5893	5893	180.22total waste control operating budget.
5894	5894	180.23 Subd. 2.Allocation of treatment; interceptor costs; reserved capacity.(a) In preparing
5895	5895	180.24each budget, the metropolitan district must estimate the current costs of acquisition,
5896	5896	180.25betterment, and debt service of the treatment works in the metropolitan disposal system that
5897	5897	180.26will not be used to total capacity during the budget year and the percentage of capacity that
5898	5898	180.27will not be used, and must deduct the same percentage of the treatment works costs from
5899	5899	180.28the current costs allocated under subdivision 1. The metropolitan district must also estimate
5900	5900	180.29the current costs of acquisition, betterment, and debt service of the interceptors in the
5901	5901	180.30metropolitan disposal system that will not be used to total capacity during the budget year,
5902	5902	180.31must estimate the percentage of the total capacity that will not be used, and must deduct the
5903	5903	180.32same percentage of interceptor costs from the current costs allocated under subdivision 1.
5904	5904	180.33The total amount so deducted with respect to all treatment works and interceptors in the
5905	5905	180.34system must be allocated among and paid by the respective local government units in the
5906	5906	180Article 9 Sec. 6.
5907	5907	REVISOR MS/VJ 25-0104601/28/25 181.1metropolitan area through a metropolitan sewer availability charge for each new connection
5908	5908	181.2or increase in capacity demand to the metropolitan disposal system within each local
5909	5909	181.3government unit. Amounts collected through the metropolitan sewer availability charge
5910	5910	181.4(SAC) must be deposited in the metropolitan district's wastewater reserve capacity fund.
5911	5911	181.5Each fiscal year, an amount from the wastewater reserve capacity fund must be transferred
5912	5912	181.6to the wastewater operating fund for the reserved capacity costs described in this paragraph.
5913	5913	181.7For purposes of this subdivision, the amount transferred from the wastewater reserve capacity
5914	5914	181.8fund to the wastewater operating fund is referred to as the "SAC transfer amount."
5915	5915	181.9 (b) If, after appropriate study and a public hearing, the metropolitan district determines
5916	5916	181.10for the next fiscal year that a reduction of the SAC transfer amount is necessary or desirable
5917	5917	181.11to ensure adequate funds remain in the wastewater reserve capacity fund, based on a goal
5918	5918	181.12of maintaining at least the next year's estimated SAC transfer amount in the wastewater
5919	5919	181.13reserve capacity fund, the metropolitan district may reduce the SAC transfer amount for
5920	5920	181.14that fiscal year. If the metropolitan district reduces the SAC transfer amount for the next
5921	5921	181.15fiscal year, the metropolitan district must increase the metropolitan sewer availability charge
5922	5922	181.16by an amount not less than the greater of six percent or the annual percentage change in the
5923	5923	181.17Consumer Price Index for the metropolitan region for the previous year plus three percentage
5924	5924	181.18points. For purposes of this subdivision, any reduction in the SAC transfer amount is referred
5925	5925	181.19to as the "SAC transfer deficit." This paragraph expires at the end of calendar year 2026.
5926	5926	181.20 (c) The metropolitan district must record on a cumulative basis the total SAC transfer
5927	5927	181.21deficit. In any year that the wastewater reserve capacity fund has a year-end balance of at
5928	5928	181.22least two years' estimated SAC transfer amount, the metropolitan district must increase the
5929	5929	181.23subsequent annual SAC transfer amount in excess of the amount required by paragraph (a)
5930	5930	181.24with the goal of eliminating the cumulative total SAC transfer deficit. The annual amount
5931	5931	181.25by which the metropolitan district increases the SAC transfer amount must be determined
5932	5932	181.26by the metropolitan district after appropriate study and a public hearing.
5933	5933	181.27 Subd. 3.Deferment of payments.The metropolitan district may provide for the
5934	5934	181.28deferment of payment of all or part of the allocated costs that are allocated by the district
5935	5935	181.29to a local government unit in any year pursuant to subdivision 2, repayable at the time or
5936	5936	181.30times specified by the metropolitan district, with interest at the approximate average annual
5937	5937	181.31rate borne by metropolitan district bonds outstanding at the time of the deferment, as
5938	5938	181.32determined by the metropolitan district. The deferred costs must be allocated to and paid
5939	5939	181.33by all local government units in the metropolitan area that will discharge sewage, directly
5940	5940	181.34or indirectly, into the metropolitan disposal system in the budget year for which the deferment
5941	5941	181.35is granted, in the same manner and proportions as costs are allocated under subdivision 1.
5942	5942	181Article 9 Sec. 6.
5943	5943	REVISOR MS/VJ 25-0104601/28/25 182.1 Subd. 4.Direct charging of industrial users.(a) For purposes of this subdivision,
5944	5944	182.2"industrial discharger" means a recipient of wastewater treatment services that is required
5945	5945	182.3by metropolitan district rules or procedures to have a permit issued by the metropolitan
5946	5946	182.4district in order to discharge sewage to the metropolitan disposal system.
5947	5947	182.5 (b) The metropolitan district may directly impose on all or any category of industrial
5948	5948	182.6dischargers all or any portion of the costs that would otherwise be allocated among and paid
5949	5949	182.7by local government units under subdivision 1. Any amounts imposed directly on industrial
5950	5950	182.8dischargers by the metropolitan district under this subdivision must be deducted from the
5951	5951	182.9amounts to be allocated among and paid by local government units under subdivision 1,
5952	5952	182.10and any charges imposed by a local government unit for the same purpose are of no further
5953	5953	182.11force and effect from and after the effective date of the metropolitan district's direct charges.
5954	5954	182.12Charges imposed under this subdivision are in addition to any other charges imposed on
5955	5955	182.13industrial dischargers by a local government unit and must be paid by the industrial discharger
5956	5956	182.14at intervals established by the metropolitan district. The metropolitan district may impose
5957	5957	182.15interest charges upon delinquent payments.
5958	5958	182.16 (c) Charges by the metropolitan district to industrial dischargers under this subdivision
5959	5959	182.17including any interest charges, as well as any other charges or related fees owed by the
5960	5960	182.18industrial discharger pursuant to a discharge permit issued by the metropolitan district for
5961	5961	182.19the subject property, are a charge jointly and severally against the owners, lessees, and
5962	5962	182.20occupants of the property served. The metropolitan district may certify the unpaid amounts
5963	5963	182.21to the appropriate county auditor as a tax for collection as other taxes are collected on the
5964	5964	182.22property served. The proceeds of any tax collected pursuant to the metropolitan district's
5965	5965	182.23certification must be paid by the county treasurer to the metropolitan district when collected.
5966	5966	182.24Certification does not preclude the metropolitan district from recovery of delinquent amounts
5967	5967	182.25and interest under any other available remedy.
5968	5968	182.26Sec. 7. [115.6565] 1972 WATER POLLUTION CONTROL ACT; USE CHARGE
5969	5969	182.27SHARES.
5970	5970	182.28 (a) Each local government unit must adopt a system of charges for the use and availability
5971	5971	182.29of the metropolitan disposal system that assures each recipient of waste treatment services
5972	5972	182.30within or served by the unit pays the proportionate share of the costs allocated to the unit
5973	5973	182.31by the metropolitan district under section 115.656, as required by the federal Water Pollution
5974	5974	182.32Control Act Amendments of 1972, and any regulations issued pursuant to the Water Pollution
5975	5975	182.33Control Act Amendments of 1972. Each system of charges must be adopted as soon as
5976	5976	182.34possible and must be submitted to the metropolitan district.
5977	5977	182Article 9 Sec. 7.
5978	5978	REVISOR MS/VJ 25-0104601/28/25 183.1 (b) The metropolitan district must review each system of charges to determine whether
5979	5979	183.2the system complies with the federal law and regulations. If the metropolitan district
5980	5980	183.3determines that a system of charges does not comply, the metropolitan district must notify
5981	5981	183.4the adopting unit, and the adopting unit must change its system to comply and submit the
5982	5982	183.5changes to the metropolitan district for review. A local government unit must also submit
5983	5983	183.6all proposed subsequent changes in a system of charges to the metropolitan district for
5984	5984	183.7review.
5985	5985	183.8Sec. 8. [115.657] PAYMENTS TO METROPOLITAN DISTRICT.
5986	5986	183.9 Subdivision 1.Amounts due metropolitan district, when payable.Charges payable
5987	5987	183.10to the metropolitan district by a local government unit may be payable at the times during
5988	5988	183.11each year as the metropolitan district determines, but dates must be fixed with reference to
5989	5989	183.12the dates on which tax, assessment, and revenue collections become available to the
5990	5990	183.13government unit required to pay the charges.
5991	5991	183.14 Subd. 2.Component municipalities; obligations to metropolitan district.Each
5992	5992	183.15government unit must pay to the metropolitan district all sums charged to the government
5993	5993	183.16unit as provided in section 115.656, at the times and in the manner determined by the
5994	5994	183.17metropolitan district. The governing body of each government unit must take all action that
5995	5995	183.18may be necessary to provide the funds required for the payments and to make the same
5996	5996	183.19when due.
5997	5997	183.20 Subd. 3.Powers of government units.To accomplish any duty imposed on the governing
5998	5998	183.21unit by the metropolitan district, the governing body of every government unit in the
5999	5999	183.22metropolitan area may exercise the powers granted any municipality by chapters 117, 412,
6000	6000	183.23429, 475, and sections 115.46, 444.075, and 471.59.
6001	6001	183.24 Subd. 4.Deficiency tax levies.If the governing body of any local government unit fails
6002	6002	183.25to meet any payment to the metropolitan district when due, the metropolitan district may
6003	6003	183.26certify to the auditor of the county in which the government unit is located the amount
6004	6004	183.27required for payment with interest at six percent per annum. The auditor must levy and
6005	6005	183.28extend the amount as a tax upon all taxable property in the government unit for the next
6006	6006	183.29calendar year, free from any existing limitations imposed by law or charter. The tax must
6007	6007	183.30be collected in the same manner as the general taxes of the government unit, and the proceeds,
6008	6008	183.31when collected, must be paid by the county treasurer to the treasurer of the metropolitan
6009	6009	183.32district and credited to the government unit for which the tax was levied.
6010	6010	183Article 9 Sec. 8.
6011	6011	REVISOR MS/VJ 25-0104601/28/25 184.1Sec. 9. [115.658] CONSTRUCTION CONTRACTS SUBJECT TO UNIFORM
6012	6012	184.2MUNICIPAL BID LAW.
6013	6013	184.3 Subdivision 1.Bids for contracts.All contracts for construction work or for the purchase
6014	6014	184.4of materials, supplies, or equipment relating to the metropolitan disposal system must be
6015	6015	184.5made as provided in section 471.345, subdivisions 3 to 6. For contracts subject to section
6016	6016	184.6471.345, subdivision 3, the metropolitan district must publish notice that the district will
6017	6017	184.7receive bids or proposals. The metropolitan district must publish notice once in a legal
6018	6018	184.8newspaper or trade paper in a city of the first class for not less than two weeks before the
6019	6019	184.9last day for submission of bids. The notice must state the nature of the work or purchase,
6020	6020	184.10the terms and conditions upon which the contract is to be awarded, and a time and place
6021	6021	184.11where bids will be received, opened, and read publicly. After the bids have been duly
6022	6022	184.12received, opened, read publicly, and recorded, the metropolitan district must award the
6023	6023	184.13contract to the lowest responsible bidder or may reject all bids and readvertise. Each contract
6024	6024	184.14must be duly executed in writing and the party to whom the contract is awarded must give
6025	6025	184.15sufficient bond or security to the board for the faithful performance of the contract as required
6026	6026	184.16by law. The metropolitan district must have the right to set qualifications and specifications
6027	6027	184.17and to require bids to meet all the qualifications and specifications before being accepted.
6028	6028	184.18If the metropolitan district by an affirmative vote of two-thirds of its members declares that
6029	6029	184.19an emergency exists requiring the immediate purchase of materials or supplies at a cost in
6030	6030	184.20excess of the amount specified in section 471.345, subdivision 3, or requiring emergency
6031	6031	184.21repairs, it is not necessary to advertise for bids.
6032	6032	184.22 Subd. 2.Contracts over $50,000; best value alternative.As an alternative to the
6033	6033	184.23procurement method described in subdivision 1, the metropolitan district may issue a request
6034	6034	184.24for proposals and award a contract to the vendor or contractor offering the best value under
6035	6035	184.25a request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause
6036	6036	184.26(2), and paragraph (c).
6037	6037	184.27 Subd. 3.Manager's authority.The manager of wastewater services may, without prior
6038	6038	184.28approval of the metropolitan district and without advertising for bids, enter into any contract
6039	6039	184.29of the type referred to in subdivision 1 that is not in excess of the amount specified in section
6040	6040	184.30471.345, subdivision 3.
6041	6041	184.31Sec. 10. [115.659] DEBT OBLIGATIONS.
6042	6042	184.32 Subdivision 1.Certificates of indebtedness.At any time or times after approval of an
6043	6043	184.33annual budget, and in anticipation of the collection of tax and other revenues appropriated
6044	6044	184.34in the budget, the metropolitan district may, by resolution, authorize the issuance, negotiation,
6045	6045	184Article 9 Sec. 10.
6046	6046	REVISOR MS/VJ 25-0104601/28/25 185.1and sale, in the form and manner and upon the terms as it may determine, of general
6047	6047	185.2obligation certificates of indebtedness in aggregate principal amounts not exceeding 50
6048	6048	185.3percent of the total amount of the appropriations, and maturing not later than April 1
6049	6049	185.4following the close of the budget year. All receipts of tax and other revenues included in
6050	6050	185.5the budget, after the expenditure of appropriated funds, must be irrevocably appropriated
6051	6051	185.6to a special fund to pay the principal of and the interest on the certificates when due. If the
6052	6052	185.7anticipated revenues are insufficient to pay the certificates and interest when due, the
6053	6053	185.8metropolitan district must levy a tax in the amount of the deficiency on all taxable property
6054	6054	185.9in the metropolitan area and must appropriate this amount to the special fund, to be credited
6055	6055	185.10thereto from the first tax and other revenues received in the following budget year.
6056	6056	185.11 Subd. 2.Emergency certificates.If, in any budget year, from some unforeseen cause,
6057	6057	185.12the receipts of tax and other revenues are insufficient to pay the metropolitan district's current
6058	6058	185.13wastewater control expenses, or if any calamity or other public emergency subjects the
6059	6059	185.14district to make necessary extraordinary wastewater control expenditures, the district may
6060	6060	185.15appropriate an amount sufficient to meet the deficiency and may authorize the issuance,
6061	6061	185.16negotiation, and sale of certificates of indebtedness in this amount in the same manner and
6062	6062	185.17upon the same conditions as provided in subdivision 1, except that the metropolitan district
6063	6063	185.18must levy on all taxable property in the metropolitan area a tax sufficient to pay the
6064	6064	185.19certificates and interest and must appropriate all collections of the tax to a special fund
6065	6065	185.20created for that purpose. The certificates may mature not later than April 1 in the year
6066	6066	185.21following the year in which the tax is collectible.
6067	6067	185.22 Subd. 3.General obligation bonds.The metropolitan district may, by resolution,
6068	6068	185.23authorize the issuance of general obligation bonds for the acquisition or betterment of any
6069	6069	185.24interceptors or treatment works the district determines is necessary or desirable for the
6070	6070	185.25metropolitan disposal system or for the refunding of outstanding bonds, certificates of
6071	6071	185.26indebtedness, or judgments. The metropolitan district must provide for the issuance and
6072	6072	185.27sale and for the security of the bonds in the manner provided in chapter 475 and has the
6073	6073	185.28same powers and duties as a municipality issuing bonds under that law, except that an
6074	6074	185.29election is not required and the net debt limitations in chapter 475 do not apply to the bonds.
6075	6075	185.30The metropolitan district may also pledge for the payment of the bonds any revenues
6076	6076	185.31receivable under section 115.656.
6077	6077	185.32 Subd. 4.Revenue bonds.(a) The metropolitan district may, by resolution, authorize the
6078	6078	185.33issuance of revenue bonds for any purpose for which general obligation bonds may be issued
6079	6079	185.34under subdivision 3. The bonds must be sold, issued, and secured in the manner provided
6080	6080	185.35in chapter 475 for bonds payable solely from revenues, except as otherwise provided in this
6081	6081	185Article 9 Sec. 10.
6082	6082	REVISOR MS/VJ 25-0104601/28/25 186.1subdivision, and the metropolitan district has the same powers and duties as a municipality
6083	6083	186.2and the governing body of a municipality in issuing bonds under chapter 475. The bonds:
6084	6084	186.3(1) must be payable from and secured by a pledge of all or any part of revenues receivable
6085	6085	186.4under section 115.656; (2) must not, and must state they do not, represent or constitute a
6086	6086	186.5general obligation or debt of the metropolitan district; and (3) must not be included in the
6087	6087	186.6net debt of any city, county, or other subdivision of the state for the purpose of any net debt
6088	6088	186.7limitation. The proceeds of the bonds may be used to pay credit enhancement fees.
6089	6089	186.8 (b) The bonds may be secured by a bond resolution, or a trust indenture entered into by
6090	6090	186.9the metropolitan district with a corporate trustee within or outside the state, which must
6091	6091	186.10define the revenues and bond proceeds pledged for the payment and security of the bonds.
6092	6092	186.11The pledge is a valid charge on the revenues received under section 115.656. No mortgage
6093	6093	186.12of or security interest in any tangible real or personal property may be granted to a bondholder
6094	6094	186.13or trustee, but a bondholder or trustee must have a valid security interest in the revenues
6095	6095	186.14and bond proceeds received by the metropolitan district and pledged to the payment of the
6096	6096	186.15bonds as against the claims of all persons in tort, contract, or otherwise, irrespective of
6097	6097	186.16whether the parties have notice and without possession or filing as provided in the Uniform
6098	6098	186.17Commercial Code or any other law, subject, however, to the rights of the holders of any
6099	6099	186.18general obligation bonds issued under subdivision 3. In the bond resolution or trust indenture,
6100	6100	186.19the metropolitan district may make covenants as it determines is reasonable for the protection
6101	6101	186.20of a bondholder, including a covenant to issue general obligation bonds to refund the revenue
6102	6102	186.21bonds if and to the extent required to pay principal and interest on the bonds and to certify
6103	6103	186.22a deficiency tax levy as provided in section 115.657, subdivision 4.
6104	6104	186.23 (c) Neither the metropolitan district, nor any metropolitan district member, officer, or
6105	6105	186.24employee, nor any agent of the metropolitan district, nor any person executing the bonds
6106	6106	186.25is liable personally on the bonds by reason of their issuance. The bonds are not payable
6107	6107	186.26from, nor a charge upon, any funds other than the revenues and bond proceeds pledged to
6108	6108	186.27payment of the bonds, nor may the metropolitan district be subject to liability or have the
6109	6109	186.28power to obligate itself to pay, or to pay the bonds from funds other than the revenues and
6110	6110	186.29bond proceeds pledged, and no holder or holders of bonds may ever have the right to compel
6111	6111	186.30any exercise of the taxing power of the metropolitan district except any deficiency tax levy
6112	6112	186.31the metropolitan district covenants to certify under section 115.657, subdivision 4, or any
6113	6113	186.32other public body, to the payment of principal or interest on the bonds, nor to enforce
6114	6114	186.33payment against any property of the metropolitan district or other public body other than
6115	6115	186.34that expressly pledged for payment.
6116	6116	186Article 9 Sec. 10.
6117	6117	REVISOR MS/VJ 25-0104601/28/25 187.1Sec. 11. [115.661] DEPOSITORIES.
6118	6118	187.2 The metropolitan district must, from time to time, designate one or more national or
6119	6119	187.3state banks, or trust companies authorized to do a banking business, as official depositories
6120	6120	187.4for money of the metropolitan district and must require the treasurer to deposit all or a part
6121	6121	187.5of the money in the designated institutions. The designation must be in writing and must
6122	6122	187.6set forth all the terms and conditions upon which the deposits are made. The designation
6123	6123	187.7must be signed by the chair and treasurer and made a part of the minutes of the metropolitan
6124	6124	187.8district. Any bank or trust company designated by the metropolitan district must qualify as
6125	6125	187.9a depository by furnishing a corporate surety bond or collateral in the amounts required by
6126	6126	187.10section 118A.03. However, no bond or collateral is required to secure any deposit insofar
6127	6127	187.11as it is insured under federal law.
6128	6128	187.12Sec. 12. [115.662] MONEY, ACCOUNTS, AND INVESTMENTS.
6129	6129	187.13 Subdivision 1.Disposed of as budgeted; pledges.The treasurer of a metropolitan district
6130	6130	187.14must deposit or invest all money from wastewater control operations received by the
6131	6131	187.15metropolitan district and must dispose of all money from wastewater control operations as
6132	6132	187.16the metropolitan district directs in accordance with its waste control budget, provided that
6133	6133	187.17any money pledged or dedicated by the metropolitan district to pay obligations, interest, or
6134	6134	187.18associated expenses or to pay any other specific purpose authorized by law must be paid
6135	6135	187.19by the treasurer into the fund to which it has been pledged.
6136	6136	187.20 Subd. 2.Accounts.The treasurer of the metropolitan district must establish funds and
6137	6137	187.21accounts that may be necessary or convenient to handle the receipts and disbursements of
6138	6138	187.22the metropolitan district in an orderly fashion.
6139	6139	187.23 Subd. 3.Where to deposit; how to invest.Money in the funds and accounts may be
6140	6140	187.24deposited in the official depositories of the metropolitan district or invested as provided in
6141	6141	187.25this subdivision. The amount not currently needed or required by law to be kept in cash on
6142	6142	187.26deposit may be invested in obligations authorized for the investment of public funds by
6143	6143	187.27section 118A.04. Money may also be held under certificates of deposit issued by any official
6144	6144	187.28depository of the metropolitan district.
6145	6145	187.29 Subd. 4.Bond proceeds.The use of proceeds of all bonds issued by the metropolitan
6146	6146	187.30district for the acquisition and betterment of interceptors or treatment works, and the use,
6147	6147	187.31other than investment, of all money in any sinking fund or funds of the metropolitan district,
6148	6148	187.32must be governed by the provisions of chapter 475 and the provisions of resolutions
6149	6149	187.33authorizing the issuance of bonds.
6150	6150	187Article 9 Sec. 12.
6151	6151	REVISOR MS/VJ 25-0104601/28/25 188.1Sec. 13. [115.663] PROPERTY EXEMPT FROM TAXATION.
6152	6152	188.2 Any properties, real or personal, owned, leased, controlled, used, or occupied by the
6153	6153	188.3metropolitan district for any purpose referred to in Minnesota Statutes 1984, section 473.502,
6154	6154	188.4are declared to be acquired, owned, leased, controlled, used, and occupied for public,
6155	6155	188.5governmental, and municipal purposes and are exempt from taxation by the state or any
6156	6156	188.6political subdivision of the state, except to the extent that the property is subject to the sales
6157	6157	188.7and use tax under chapter 297A, provided that the properties are subject to special
6158	6158	188.8assessments levied by a political subdivision for a local improvement in amounts
6159	6159	188.9proportionate to and not exceeding the special benefit received by the properties from the
6160	6160	188.10improvement. No possible use of the properties in any manner different from their use as
6161	6161	188.11part of the metropolitan disposal system at the time must be considered in determining the
6162	6162	188.12special benefit received by the properties. All the assessments are subject to final confirmation
6163	6163	188.13by the metropolitan district, whose determination of the benefits is conclusive upon the
6164	6164	188.14political subdivision levying the assessment.
6165	6165	188.15Sec. 14. [115.664] TAX LEVIES.
6166	6166	188.16 A metropolitan district has the power to levy taxes for debt service of the metropolitan
6167	6167	188.17disposal system upon all taxable property within the metropolitan area, without limitation
6168	6168	188.18of rate or amount and without affecting the amount or rate of taxes that may be levied by
6169	6169	188.19the metropolitan district for other purposes or by any local government unit in the area. The
6170	6170	188.20metropolitan district also has the power to levy taxes as provided in section 115.657. A
6171	6171	188.21county auditor must annually assess and extend upon the tax rolls the portion of the taxes
6172	6172	188.22levied by the metropolitan district in each year certified by the metropolitan district. A
6173	6173	188.23county treasurer must collect and make settlement of the taxes with the metropolitan district
6174	6174	188.24in the same manner as with other political subdivisions.
6175	6175	188.25Sec. 15. [115.665] RELATION TO EXISTING LAWS.
6176	6176	188.26 The provisions of sections 115.653 to 115.67 are given full effect notwithstanding any
6177	6177	188.27other law. The powers conferred on a metropolitan district under sections 115.653 to 115.67
6178	6178	188.28in no way diminishes or supersedes the powers conferred on the Pollution Control Agency
6179	6179	188.29by chapters 115 and 116.
6180	6180	188.30Sec. 16. [115.666] SEVERABILITY.
6181	6181	188.31 If any provision of sections 115.61 to 115.67 or its application to any person or
6182	6182	188.32circumstances is held to be invalid, the invalidity does not affect other provisions or
6183	6183	188Article 9 Sec. 16.
6184	6184	REVISOR MS/VJ 25-0104601/28/25 189.1applications of sections 115.61 to 115.67, which can be given effect without the invalid
6185	6185	189.2provision or application, and to this end the provisions of sections 115.61 to 115.67 and
6186	6186	189.3their various applications are declared to be severable.
6187	6187	189.4Sec. 17. Minnesota Statutes 2024, section 115.7411, subdivision 2, is amended to read:
6188	6188	189.5 Subd. 2.Geographic representation.At least one of the water supply system operators
6189	6189	189.6and at least one of the wastewater treatment facility operators must be from outside the
6190	6190	189.7seven-county metropolitan area and one wastewater treatment facility operator must be
6191	6191	189.8from the Metropolitan Council seven-county metropolitan area.
6192	6192	189.9Sec. 18. Minnesota Statutes 2024, section 115A.151, is amended to read:
6193	6193	189.10 115A.151 RECYCLING REQUIREMENTS; PUBLIC ENTITIES; COMMERCIAL
6194	6194	189.11BUILDINGS; SPORTS FACILITIES.
6195	6195	189.12 (a) A public entity, the owner of a sports facility, and an owner of a commercial building
6196	6196	189.13shall:
6197	6197	189.14 (1) ensure that facilities under its control, from which mixed municipal solid waste is
6198	6198	189.15collected, also collect at least three recyclable materials, such as, but not limited to, paper,
6199	6199	189.16glass, plastic, and metal; and
6200	6200	189.17 (2) transfer all recyclable materials collected to a recycler.
6201	6201	189.18 (b) For the purposes of this section:
6202	6202	189.19 (1) "public entity" means the state,; an office, agency, or institution of the state, the
6203	6203	189.20Metropolitan Council,; a metropolitan agency,; the Metropolitan Mosquito Control
6204	6204	189.21Commission,; the legislature,; the courts,; a county,; a statutory or home rule charter city,;
6205	6205	189.22a town,; a school district,; a special taxing district,; or any entity that receives an appropriation
6206	6206	189.23from the state for a capital improvement project after August 1, 2002;
6207	6207	189.24 (2) "metropolitan agency" and "Metropolitan Council" have has the meanings meaning
6208	6208	189.25given them in section 473.121;
6209	6209	189.26 (3) "Metropolitan Mosquito Control Commission" means the commission created in
6210	6210	189.27section 473.702;
6211	6211	189.28 (4) "commercial building" means a building that:
6212	6212	189.29 (i) is located in a metropolitan county, as defined in section 473.121;
6213	6213	189Article 9 Sec. 18.
6214	6214	REVISOR MS/VJ 25-0104601/28/25 190.1 (ii) contains a business classified in sectors 42 to 81 under the North American Industrial
6215	6215	190.2Classification System; and
6216	6216	190.3 (iii) contracts for four cubic yards or more per week of solid waste collection; and
6217	6217	190.4 (5) "sports facility" means a professional or collegiate sports facility at which competitions
6218	6218	190.5take place before a public audience.
6219	6219	190.6Sec. 19. Minnesota Statutes 2024, section 115A.471, is amended to read:
6220	6220	190.7 115A.471 PUBLIC ENTITIES; MANAGING SOLID WASTE.
6221	6221	190.8 (a) Prior to entering into or approving a contract for the management of mixed municipal
6222	6222	190.9solid waste which that would manage the waste using a waste management practice that is
6223	6223	190.10ranked lower on the list of preferred waste management practices in section 115A.02,
6224	6224	190.11paragraph (b), than the waste management practice selected for such waste in the county
6225	6225	190.12plan for the county in which the waste was generated, a public entity must:
6226	6226	190.13 (1) determine the potential liability to the public entity and its taxpayers for managing
6227	6227	190.14the waste in this manner;
6228	6228	190.15 (2) develop and implement a plan for managing the potential liability; and
6229	6229	190.16 (3) submit the information from clauses (1) and (2) to the agency.
6230	6230	190.17 (b) For the purpose of this subdivision, "public entity" means the state; an office, agency,
6231	6231	190.18or institution of the state; the Metropolitan Council; a metropolitan agency; the Metropolitan
6232	6232	190.19Mosquito Control District; the legislature; the courts; a county; a statutory or home rule
6233	6233	190.20charter city; a town; a school district; another special taxing district; or any other general
6234	6234	190.21or special purpose unit of government in the state.
6235	6235	190.22Sec. 20. Minnesota Statutes 2024, section 115A.52, is amended to read:
6236	6236	190.23 115A.52 TECHNICAL ASSISTANCE FOR PROJECTS.
6237	6237	190.24 The commissioner shall ensure the delivery of technical assistance for projects eligible
6238	6238	190.25under the program. The commissioner may contract or issue grants for the delivery of
6239	6239	190.26technical assistance by any state or federal agency, a regional development commission,
6240	6240	190.27the Metropolitan Council, or private consultants and may use program funds to reimburse
6241	6241	190.28the agency, commission, council, or consultants. The commissioner shall prepare and publish
6242	6242	190.29an inventory of sources of technical assistance, including studies, publications, agencies,
6243	6243	190.30and persons available. The commissioner shall ensure statewide benefit from projects assisted
6244	6244	190.31under the program by developing exchange and training programs for local officials and
6245	6245	190Article 9 Sec. 20.
6246	6246	REVISOR MS/VJ 25-0104601/28/25 191.1employees and by using the experience gained in projects to provide technical assistance
6247	6247	191.2and education for other solid waste management projects in the state.
6248	6248	191.3Sec. 21. Minnesota Statutes 2024, section 116.064, subdivision 6, is amended to read:
6249	6249	191.4 Subd. 6.Exemptions.This section does not apply to:
6250	6250	191.5 (1) on-farm animal and agricultural operations;
6251	6251	191.6 (2) motor vehicles and transportation facilities;
6252	6252	191.7 (3) municipal wastewater treatment plants;
6253	6253	191.8 (4) single-family dwellings not used for commercial purposes;
6254	6254	191.9 (5) materials odorized for safety purposes;
6255	6255	191.10 (6) painting and coating operations that are not required to be licensed;
6256	6256	191.11 (7) restaurants;
6257	6257	191.12 (8) temporary activities and operations;
6258	6258	191.13 (9) refineries; and
6259	6259	191.14 (10) Metropolitan Council Area Sanitary Sewer District wastewater systems.
6260	6260	191.15Sec. 22. Minnesota Statutes 2024, section 116.16, subdivision 2, is amended to read:
6261	6261	191.16 Subd. 2.Definitions.In this section and sections 116.17 and 116.18:
6262	6262	191.17 (1) "agency" means the Minnesota Pollution Control Agency created by this chapter;
6263	6263	191.18 (2) "municipality" means any county, city, town, the metropolitan council, or an Indian
6264	6264	191.19Tribe or an authorized Indian Tribal organization, and any other governmental subdivision
6265	6265	191.20of the state responsible by law for the prevention, control, and abatement of water pollution
6266	6266	191.21in any area of the state;
6267	6267	191.22 (3) "water pollution control program" means the Minnesota state water pollution control
6268	6268	191.23program created by subdivision 1;
6269	6269	191.24 (4) "bond account" means the Minnesota state water pollution control bond account
6270	6270	191.25created in the state bond fund by section 116.17, subdivision 4;
6271	6271	191.26 (5) terms defined in section 115.01 have the meanings therein given them;
6272	6272	191.27 (6) the eligible cost of any municipal project, except as otherwise provided in clause
6273	6273	191.28(7), includes (i) preliminary planning to determine the economic, engineering, and
6274	6274	191Article 9 Sec. 22.
6275	6275	REVISOR MS/VJ 25-0104601/28/25 192.1environmental feasibility of the project; (ii) engineering, architectural, legal, fiscal, economic,
6276	6276	192.2sociological, project administrative costs of the agency and the municipality, and other
6277	6277	192.3investigations and studies; (iii) surveys, designs, plans, working drawings, specifications,
6278	6278	192.4procedures, and other actions necessary to the planning, design, and construction of the
6279	6279	192.5project; (iv) erection, building, acquisition, alteration, remodeling, improvement, and
6280	6280	192.6extension of disposal systems; (v) inspection and supervision of construction; and (vi) all
6281	6281	192.7other expenses of the kinds enumerated in section 475.65;
6282	6282	192.8 (7) for state grants under the state independent grants program, the eligible cost includes
6283	6283	192.9the acquisition of land for stabilization ponds, the construction of collector sewers for totally
6284	6284	192.10unsewered statutory and home rule charter cities and towns described under section 368.01,
6285	6285	192.11subdivision 1 or 1a, that are in existence on January 1, 1985, and the provision of reserve
6286	6286	192.12capacity sufficient to serve the reasonable needs of the municipality for 20 years in the case
6287	6287	192.13of treatment works and 40 years in the case of sewer systems. For state grants under the
6288	6288	192.14state independent grants program, the eligible cost does not include the provision of service
6289	6289	192.15to seasonal homes, or cost increases from contingencies that exceed three percent of as-bid
6290	6290	192.16costs or cost increases from unanticipated site conditions that exceed an additional two
6291	6291	192.17percent of as-bid costs;
6292	6292	192.18 (8) "authority" means the Minnesota Public Facilities Authority established in section
6293	6293	192.19446A.03.
6294	6294	192.20Sec. 23. Minnesota Statutes 2024, section 116.182, subdivision 1, is amended to read:
6295	6295	192.21 Subdivision 1.Definitions.(a) For the purposes of this section, the terms defined in this
6296	6296	192.22subdivision have the meanings given them.
6297	6297	192.23 (b) "Agency" means the Pollution Control Agency.
6298	6298	192.24 (c) "Authority" means the Public Facilities Authority established in section 446A.03.
6299	6299	192.25 (d) "Commissioner" means the commissioner of the Pollution Control Agency.
6300	6300	192.26 (e) "Essential project components" means those components of a wastewater disposal
6301	6301	192.27system that are necessary to convey or treat a municipality's existing wastewater flows and
6302	6302	192.28loadings.
6303	6303	192.29 (f) "Municipality" means a county, a home rule charter or statutory city, a town, the
6304	6304	192.30Metropolitan Council, an Indian Tribe or, an authorized Indian Tribal organization;, or any
6305	6305	192.31other governmental subdivision of the state responsible by law for the prevention, control,
6306	6306	192.32and abatement of water pollution in any area of the state.
6307	6307	192Article 9 Sec. 23.
6308	6308	REVISOR MS/VJ 25-0104601/28/25 193.1 (g) "Outstanding international resource value waters" are the surface waters of the state
6309	6309	193.2in the Lake Superior Basin, other than Class 7 waters and those waters designated as
6310	6310	193.3outstanding resource value waters.
6311	6311	193.4 (h) "Outstanding resource value waters" are those that have high water quality, wilderness
6312	6312	193.5characteristics, unique scientific or ecological significance, exceptional recreation value,
6313	6313	193.6or other special qualities that warrant special protection.
6314	6314	193.7Sec. 24. Minnesota Statutes 2024, section 116D.04, subdivision 1a, is amended to read:
6315	6315	193.8 Subd. 1a.Definitions.For the purposes of this chapter, the following terms have the
6316	6316	193.9meanings given to them in this subdivision.
6317	6317	193.10 (a) "Natural resources" has the meaning given it in section 116B.02, subdivision 4.
6318	6318	193.11 (b) "Pollution, impairment, or destruction" has the meaning given it in section 116B.02,
6319	6319	193.12subdivision 5.
6320	6320	193.13 (c) "Environmental assessment worksheet" means a brief document which that is designed
6321	6321	193.14to set out the basic facts necessary to determine whether an environmental impact statement
6322	6322	193.15is required for a proposed action.
6323	6323	193.16 (d) "Governmental action" means activities, including projects wholly or partially
6324	6324	193.17conducted, permitted, assisted, financed, regulated, or approved by units of government
6325	6325	193.18including the federal government.
6326	6326	193.19 (e) "Governmental unit" means any state agency and any general or special purpose unit
6327	6327	193.20of government in the state including, but not limited to, watershed districts organized under
6328	6328	193.21chapter 103D, counties, towns, cities, port authorities, housing authorities, and economic
6329	6329	193.22development authorities established under sections 469.090 to 469.108, but not including
6330	6330	193.23courts, school districts, the Department of Iron Range Resources and Rehabilitation, and
6331	6331	193.24regional development commissions other than the Metropolitan Council.
6332	6332	193.25Sec. 25. Minnesota Statutes 2024, section 116G.03, subdivision 5, is amended to read:
6333	6333	193.26 Subd. 5.Regional development commission."Regional development commission"
6334	6334	193.27means any regional development commission created pursuant to sections 462.381 to 462.396
6335	6335	193.28and the Metropolitan Council created by chapter 473.
6336	6336	193.29Sec. 26. Minnesota Statutes 2024, section 116G.15, subdivision 2, is amended to read:
6337	6337	193.30 Subd. 2.Administration; duties.(a) The commissioner of natural resources, after
6338	6338	193.31consultation with affected local units of government within the Mississippi River Corridor
6339	6339	193Article 9 Sec. 26.
6340	6340	REVISOR MS/VJ 25-0104601/28/25 194.1Critical Area, may adopt rules under chapter 14 as are necessary for the administration of
6341	6341	194.2the Mississippi River Corridor Critical Area program. Duties of the Environmental Quality
6342	6342	194.3Council or the Environmental Quality Board referenced in this chapter, related rules, and
6343	6343	194.4the governor's Executive Order No. 79-19, published in the State Register on March 12,
6344	6344	194.51979, that are related to the Mississippi River Corridor Critical Area shall be the duties of
6345	6345	194.6the commissioner. All rules adopted by the board pursuant to these duties remain in effect
6346	6346	194.7and shall be enforced until amended or repealed by the commissioner in accordance with
6347	6347	194.8law. The commissioner shall work in consultation with the United States Army Corps of
6348	6348	194.9Engineers, the National Park Service, the Metropolitan Council, other agencies, and local
6349	6349	194.10units of government to ensure that the Mississippi River Corridor Critical Area is managed
6350	6350	194.11as a multipurpose resource in a way that:
6351	6351	194.12 (1) conserves the scenic, environmental, recreational, mineral, economic, cultural, and
6352	6352	194.13historic resources and functions of the river corridor;
6353	6353	194.14 (2) maintains the river channel for transportation by providing and maintaining barging
6354	6354	194.15and fleeting areas in appropriate locations consistent with the character of the Mississippi
6355	6355	194.16River and riverfront;
6356	6356	194.17 (3) provides for the continuation, development, and redevelopment of a variety of urban
6357	6357	194.18uses, including industrial and commercial uses, and recreational and residential uses, where
6358	6358	194.19appropriate, within the Mississippi River corridor;
6359	6359	194.20 (4) utilizes certain reaches of the river as a source of water supply and as a receiving
6360	6360	194.21water for properly treated sewage, stormwater, and industrial waste effluents; and
6361	6361	194.22 (5) protects and preserves the biological and ecological functions of the corridor.
6362	6362	194.23 (b) The Metropolitan Council shall incorporate the standards developed under this section
6363	6363	194.24into its planning and shall work with local units of government and the commissioner to
6364	6364	194.25ensure the standards are being adopted and implemented appropriately.
6365	6365	194.26 (c) (b) The rules must be consistent with residential nonconformity provisions under
6366	6366	194.27sections 394.36 and 462.357.
6367	6367	194.28Sec. 27. Minnesota Statutes 2024, section 116G.15, subdivision 5, is amended to read:
6368	6368	194.29 Subd. 5.Application.The standards established under this section shall be used:
6369	6369	194.30 (1) by local units of government when preparing or updating plans or modifying
6370	6370	194.31regulations;
6371	6371	194Article 9 Sec. 27.
6372	6372	REVISOR MS/VJ 25-0104601/28/25 195.1 (2) by state and regional agencies for permit regulation and in developing plans within
6373	6373	195.2their jurisdiction; and
6374	6374	195.3 (3) by the Metropolitan Council for reviewing plans and regulations; and
6375	6375	195.4 (4) (3) by the commissioner when approving plans and regulations, and reviewing
6376	6376	195.5development permit applications.
6377	6377	195.6Sec. 28. Minnesota Statutes 2024, section 116J.401, subdivision 2, is amended to read:
6378	6378	195.7 Subd. 2.Duties; authorizations; limitations.(a) The commissioner of employment
6379	6379	195.8and economic development shall:
6380	6380	195.9 (1) provide regional development commissions, the Metropolitan Council, and units of
6381	6381	195.10local government with information, technical assistance, training, and advice on using
6382	6382	195.11federal and state programs;
6383	6383	195.12 (2) receive and administer the Small Cities Community Development Block Grant
6384	6384	195.13Program authorized by Congress under the Housing and Community Development Act of
6385	6385	195.141974, as amended;
6386	6386	195.15 (3) receive and administer the section 107 technical assistance program grants authorized
6387	6387	195.16by Congress under the Housing and Community Development Act of 1974, as amended;
6388	6388	195.17 (4) receive, administer, and supervise other state and federal grants and grant programs
6389	6389	195.18for planning, community affairs, community development purposes, employment and
6390	6390	195.19training services, and other state and federal programs assigned to the department by law
6391	6391	195.20or by the governor in accordance with section 4.07;
6392	6392	195.21 (5) receive applications for state and federal grants and grant programs for planning,
6393	6393	195.22community affairs, and community development purposes, and other state and federal
6394	6394	195.23programs assigned to the department by law or by the governor in accordance with section
6395	6395	195.244.07;
6396	6396	195.25 (6) act as the agent of, and cooperate with, the federal government in matters of mutual
6397	6397	195.26concern, including the administration of any federal funds granted to the state to aid in the
6398	6398	195.27performance of functions of the commissioner;
6399	6399	195.28 (7) provide consistent, integrated employment and training services across the state;
6400	6400	195.29 (8) administer the Wagner-Peyser Act, the Workforce Investment Act, and other federal
6401	6401	195.30employment and training programs;
6402	6402	195Article 9 Sec. 28.
6403	6403	REVISOR MS/VJ 25-0104601/28/25 196.1 (9) establish the standards for all employment and training services administered under
6404	6404	196.2this chapter and chapters 116L, 248, 268, and 268A;
6405	6405	196.3 (10) administer the aspects of the Minnesota family investment program, general
6406	6406	196.4assistance, and the Supplemental Nutrition Assistance Program (SNAP) that relate to
6407	6407	196.5employment and training services, subject to the contract under section 116L.86, subdivision
6408	6408	196.61;
6409	6409	196.7 (11) obtain reports from local service units and service providers for the purpose of
6410	6410	196.8evaluating the performance of employment and training services;
6411	6411	196.9 (12) as requested, certify employment and training services, and decertify services that
6412	6412	196.10fail to comply with performance criteria according to standards established by the
6413	6413	196.11commissioner;
6414	6414	196.12 (13) develop standards for the contents and structure of the local service unit plans and
6415	6415	196.13plans for Indian Tribe employment and training services, review and comment on those
6416	6416	196.14plans, and approve or disapprove the plans;
6417	6417	196.15 (14) supervise the county boards of commissioners, local service units, and any other
6418	6418	196.16units of government designated in federal or state law as responsible for employment and
6419	6419	196.17training programs;
6420	6420	196.18 (15) establish administrative standards and payment conditions for providers of
6421	6421	196.19employment and training services;
6422	6422	196.20 (16) enter into agreements with Indian Tribes as necessary to provide employment and
6423	6423	196.21training services as appropriate funds become available;
6424	6424	196.22 (17) cooperate with the federal government and its employment and training agencies
6425	6425	196.23in any reasonable manner as necessary to qualify for federal aid for employment and training
6426	6426	196.24services and money;
6427	6427	196.25 (18) administer and supervise all forms of unemployment insurance provided for under
6428	6428	196.26federal and state laws;
6429	6429	196.27 (19) provide current state and substate labor market information and forecasts, in
6430	6430	196.28cooperation with other agencies;
6431	6431	196.29 (20) require all general employment and training programs that receive state funds to
6432	6432	196.30make available information about opportunities for women in nontraditional careers in the
6433	6433	196.31trades and technical occupations;
6434	6434	196Article 9 Sec. 28.
6435	6435	REVISOR MS/VJ 25-0104601/28/25 197.1 (21) consult with the Rehabilitation Council for the Blind on matters pertaining to
6436	6436	197.2programs and services for the blind and visually impaired;
6437	6437	197.3 (22) enter into agreements with other departments of the state and local units of
6438	6438	197.4government as necessary;
6439	6439	197.5 (23) establish and maintain administrative units necessary to perform administrative
6440	6440	197.6functions common to all divisions of the department;
6441	6441	197.7 (24) investigate, study, and undertake ways and means of promoting and encouraging
6442	6442	197.8the prosperous development and protection of the legitimate interest and welfare of Minnesota
6443	6443	197.9business, industry, and commerce, within and outside the state;
6444	6444	197.10 (25) locate markets for manufacturers and processors and aid merchants in locating and
6445	6445	197.11contacting markets;
6446	6446	197.12 (26) as necessary or useful for the proper execution of the powers and duties of the
6447	6447	197.13commissioner in promoting and developing Minnesota business, industry, and commerce,
6448	6448	197.14both within and outside the state, investigate and study conditions affecting Minnesota
6449	6449	197.15business, industry, and commerce; collect and disseminate information; and engage in
6450	6450	197.16technical studies, scientific investigations, statistical research, and educational activities;
6451	6451	197.17 (27) plan and develop an effective business information service both for the direct
6452	6452	197.18assistance of business and industry of the state and for the encouragement of business and
6453	6453	197.19industry outside the state to use economic facilities within the state;
6454	6454	197.20 (28) compile, collect, and develop periodically, or otherwise make available, information
6455	6455	197.21relating to current business conditions;
6456	6456	197.22 (29) conduct or encourage research designed to further new and more extensive uses of
6457	6457	197.23the natural and other resources of the state and designed to develop new products and
6458	6458	197.24industrial processes;
6459	6459	197.25 (30) study trends and developments in the industries of the state and analyze the reasons
6460	6460	197.26underlying the trends;
6461	6461	197.27 (31) study costs and other factors affecting successful operation of businesses within
6462	6462	197.28the state;
6463	6463	197.29 (32) make recommendations regarding circumstances promoting or hampering business
6464	6464	197.30and industrial development;
6465	6465	197.31 (33) serve as a clearing house for business and industrial problems of the state;
6466	6466	197Article 9 Sec. 28.
6467	6467	REVISOR MS/VJ 25-0104601/28/25 198.1 (34) advise small business enterprises regarding improved methods of accounting and
6468	6468	198.2bookkeeping;
6469	6469	198.3 (35) cooperate with interstate commissions engaged in formulating and promoting the
6470	6470	198.4adoption of interstate compacts and agreements helpful to business, industry, and commerce;
6471	6471	198.5 (36) cooperate with other state departments and with boards, commissions, and other
6472	6472	198.6state agencies in the preparation and coordination of plans and policies for the development
6473	6473	198.7of the state and for the use and conservation of its resources insofar as the use, conservation,
6474	6474	198.8and development may be appropriately directed or influenced by a state agency;
6475	6475	198.9 (37) in connection with state, county, and municipal public works projects, assemble
6476	6476	198.10and coordinate information relative to the status, scope, cost, and employment possibilities
6477	6477	198.11and availability of materials, equipment, and labor, and recommend limitations on the public
6478	6478	198.12works;
6479	6479	198.13 (38) gather current progress information with reference to public and private works
6480	6480	198.14projects of the state and its political subdivisions with reference to conditions of employment;
6481	6481	198.15 (39) inquire into and report to the governor, when requested by the governor, with respect
6482	6482	198.16to any program of public state improvements and its financing; and request and obtain
6483	6483	198.17information from other state departments or agencies as may be needed for the report;
6484	6484	198.18 (40) study changes in population and current trends and prepare plans and suggest policies
6485	6485	198.19for the development and conservation of the resources of the state;
6486	6486	198.20 (41) confer and cooperate with the executive, legislative, or planning authorities of the
6487	6487	198.21United States, neighboring states and provinces, and the counties and municipalities of
6488	6488	198.22neighboring states, for the purpose of bringing about a coordination between the development
6489	6489	198.23of neighboring provinces, states, counties, and municipalities and the development of this
6490	6490	198.24state;
6491	6491	198.25 (42) generally gather, compile, and make available statistical information relating to
6492	6492	198.26business, trade, commerce, industry, transportation, communication, natural resources, and
6493	6493	198.27other like subjects in this state, with authority to call upon other state departments for
6494	6494	198.28statistical data and results obtained by them and to arrange and compile that statistical
6495	6495	198.29information in a reasonable manner;
6496	6496	198.30 (43) publish documents and annually convene regional meetings to inform businesses,
6497	6497	198.31local government units, assistance providers, and other interested persons of changes in
6498	6498	198.32state and federal law related to economic development;
6499	6499	198Article 9 Sec. 28.
6500	6500	REVISOR MS/VJ 25-0104601/28/25 199.1 (44) annually convene conferences of providers of economic development-related
6501	6501	199.2financial and technical assistance for the purposes of exchanging information on economic
6502	6502	199.3development assistance, coordinating economic development activities, and formulating
6503	6503	199.4economic development strategies;
6504	6504	199.5 (45) provide business with information on the economic benefits of energy conservation
6505	6505	199.6and on the availability of energy conservation assistance;
6506	6506	199.7 (46) as part of the biennial budget process, prepare performance measures for each
6507	6507	199.8business loan or grant program within the jurisdiction of the commissioner. Measures include
6508	6508	199.9source of funds for each program, number of jobs proposed or promised at the time of
6509	6509	199.10application and the number of jobs created, estimated number of jobs retained, the average
6510	6510	199.11salary and benefits for the jobs resulting from the program, and the number of projects
6511	6511	199.12approved;
6512	6512	199.13 (47) provide a continuous program of education for business people;
6513	6513	199.14 (48) publish, disseminate, and distribute information and statistics;
6514	6514	199.15 (49) promote and encourage the expansion and development of markets for Minnesota
6515	6515	199.16products;
6516	6516	199.17 (50) promote and encourage the location and development of new businesses in the state
6517	6517	199.18as well as the maintenance and expansion of existing businesses and for that purpose
6518	6518	199.19cooperate with state and local agencies and individuals, both within and outside the state;
6519	6519	199.20 (51) advertise and disseminate information as to natural resources, desirable locations,
6520	6520	199.21and other advantages for the purpose of attracting businesses to locate in this state;
6521	6521	199.22 (52) aid the various communities in this state in attracting business to their communities;
6522	6522	199.23 (53) advise and cooperate with municipal, county, regional, and other planning agencies
6523	6523	199.24and planning groups within the state for the purpose of promoting coordination between
6524	6524	199.25the state and localities as to plans and development in order to maintain a high level of
6525	6525	199.26gainful employment in private profitable production and achieve commensurate advancement
6526	6526	199.27in social and cultural welfare;
6527	6527	199.28 (54) coordinate the activities of statewide and local planning agencies, correlate
6528	6528	199.29information secured from them and from state departments and disseminate information
6529	6529	199.30and suggestions to the planning agencies;
6530	6530	199.31 (55) encourage and assist in the organization and functioning of local planning agencies
6531	6531	199.32where none exist; and
6532	6532	199Article 9 Sec. 28.
6533	6533	REVISOR MS/VJ 25-0104601/28/25 200.1 (56) adopt measures calculated to promote public interest in and understanding of the
6534	6534	200.2problems of planning and, to that end, may publish and distribute copies of any plan or any
6535	6535	200.3report and may employ other means of publicity and education that will give full effect to
6536	6536	200.4the provisions of sections 116J.60 to 116J.63.
6537	6537	200.5 (b) At the request of any governmental subdivision in paragraph (a), clause (53), the
6538	6538	200.6commissioner may provide planning assistance, which includes but is not limited to surveys,
6539	6539	200.7land use studies, urban renewal plans, technical services and other planning work to any
6540	6540	200.8city or other municipality in the state or perform similar planning work in any county or
6541	6541	200.9metropolitan or regional area in the state. The commissioner must not perform the planning
6542	6542	200.10work with respect to a metropolitan or regional area which is under the jurisdiction for
6543	6543	200.11planning purposes of a county, metropolitan, regional, or joint planning body, except at the
6544	6544	200.12request or with the consent of the respective county, metropolitan, regional, or joint planning
6545	6545	200.13body.
6546	6546	200.14 (c) The commissioner is authorized to:
6547	6547	200.15 (1) receive and expend money from municipal, county, regional, and other planning
6548	6548	200.16agencies;
6549	6549	200.17 (2) accept and disburse grants and other aids for planning purposes from the federal
6550	6550	200.18government and from other public or private sources;
6551	6551	200.19 (3) utilize money received under clause (2) for the employment of consultants and other
6552	6552	200.20temporary personnel to assist in the supervision or performance of planning work supported
6553	6553	200.21by money other than state-appropriated money;
6554	6554	200.22 (4) enter into contracts with agencies of the federal government, units of local government
6555	6555	200.23or combinations thereof, and with private persons that are necessary in the performance of
6556	6556	200.24the planning assistance function of the commissioner; and
6557	6557	200.25 (5) assist any local government unit in filling out application forms for the federal
6558	6558	200.26grants-in-aid.
6559	6559	200.27 (d) In furtherance of its planning functions, any city or town, however organized, may
6560	6560	200.28expend money and contract with agencies of the federal government, appropriate departments
6561	6561	200.29of state government, other local units of government, and with private persons.
6562	6562	200Article 9 Sec. 28.
6563	6563	REVISOR MS/VJ 25-0104601/28/25 201.1Sec. 29. Minnesota Statutes 2024, section 446A.076, is amended to read:
6564	6564	201.2 446A.076 ESTIMATED FUNDING NEEDS.
6565	6565	201.3 By February 1 each year, the Public Facilities Authority must submit to the legislative
6566	6566	201.4committees with jurisdiction over capital investment and environment and natural resources
6567	6567	201.5finance an estimate of the amount necessary to fund grants under sections 446A.072 and
6568	6568	201.6446A.073. The report shall show for each community included in the estimate:
6569	6569	201.7 (1) the average annual residential wastewater treatment rates for the community if the
6570	6570	201.8community does not receive any grant funding under sections 446A.072 and 446A.073;
6571	6571	201.9 (2) the average annual residential wastewater treatment rates for the community if the
6572	6572	201.10community receives the maximum amount that the community is qualified for under sections
6573	6573	201.11446A.072 and 446A.073; and
6574	6574	201.12 (3) a comparison of the rates in clause (2) with three times the annual Twin Cities
6575	6575	201.13metropolitan area weighted average retail charge per household as determined in the most
6576	6576	201.14recent Survey of Municipal Residential Wastewater Rates prepared by Metropolitan Council
6577	6577	201.15Environmental Services.
6578	6578	201.16Sec. 30. Minnesota Statutes 2024, section 473.121, subdivision 24, is amended to read:
6579	6579	201.17 Subd. 24.Metropolitan disposal system."Metropolitan disposal system" means any
6580	6580	201.18or all of the interceptors or treatment works owned or operated by the a metropolitan Council
6581	6581	201.19district.
6582	6582	201.20Sec. 31. Minnesota Statutes 2024, section 473.149, subdivision 3, is amended to read:
6583	6583	201.21 Subd. 3.Preparation; adoption; and revision.(a) The solid waste policy plan shall be
6584	6584	201.22prepared, adopted, and revised as necessary in accordance with paragraphs (c) to (e), after
6585	6585	201.23consultation with the metropolitan counties.
6586	6586	201.24 (b) Revisions to the policy plan are exempt from the rulemaking provisions of chapter
6587	6587	201.2514.
6588	6588	201.26 (c) Before beginning preparation of revisions to the policy plan, the commissioner shall
6589	6589	201.27publish a predrafting notice in the State Register that includes a statement of the subjects
6590	6590	201.28expected to be covered by the revisions, including a summary of the important problems
6591	6591	201.29and issues. The notice must solicit comments from the public and state that the comments
6592	6592	201.30must be received by the commissioner within 45 days of publication of the notice. The
6593	6593	201.31commissioner shall consider the comments in preparing the revisions.
6594	6594	201Article 9 Sec. 31.
6595	6595	REVISOR MS/VJ 25-0104601/28/25 202.1 (d) After publication of the predrafting notice and before adopting revisions to the policy
6596	6596	202.2plan, the commissioner shall publish a notice in the State Register that:
6597	6597	202.3 (1) contains a summary of the proposed revisions;
6598	6598	202.4 (2) invites public comment;
6599	6599	202.5 (3) lists locations where the proposed revised policy plan can be reviewed and states
6600	6600	202.6that copies of the proposed revised policy plan can also be obtained from the Pollution
6601	6601	202.7Control Agency;
6602	6602	202.8 (4) states a location for a public meeting on the revisions at a time no earlier than 30
6603	6603	202.9days from the date of publication; and
6604	6604	202.10 (5) advises the public that they have 30 days from the date of the public meeting in
6605	6605	202.11clause (4) to submit comments on the revisions to the commissioner.
6606	6606	202.12 (e) At the meeting described in paragraph (d), clause (4), the public shall be given an
6607	6607	202.13opportunity to present their views on the policy plan revisions. The commissioner shall
6608	6608	202.14incorporate any amendments to the proposed revisions that, in the commissioner's view,
6609	6609	202.15will help to carry out the requirements of subdivisions 1, 2d, and 2e. At or before the time
6610	6610	202.16that policy plan revisions are finally adopted, the commissioner shall issue a report that
6611	6611	202.17addresses issues raised in the public comments. The report shall be made available to the
6612	6612	202.18public and mailed to interested persons who have submitted their names and addresses to
6613	6613	202.19the commissioner.
6614	6614	202.20 (f) The criteria and standards adopted in the policy plan for review of solid waste facility
6615	6615	202.21permits pursuant to section 473.823, subdivision 3; for issuance of certificates of need
6616	6616	202.22pursuant to section 473.823, subdivision 6; and for review of solid waste contracts pursuant
6617	6617	202.23to section 473.813 may be appealed to the Court of Appeals within 30 days after final
6618	6618	202.24adoption of the policy plan. The court may declare the challenged portion of the policy plan
6619	6619	202.25invalid if it violates constitutional provisions, is in excess of statutory authority of the
6620	6620	202.26commissioner, or was adopted without compliance with the procedures in this subdivision.
6621	6621	202.27The review shall be on the record created during the adoption of the policy plan, except that
6622	6622	202.28additional evidence may be included in the record if the court finds that the additional
6623	6623	202.29evidence is material and there were good reasons for failure to present it in the proceedings
6624	6624	202.30described in paragraphs (c) to (e).
6625	6625	202.31 (g) The Metropolitan Council or A metropolitan county, local government unit,
6626	6626	202.32commission, or person shall not acquire, construct, improve or operate any solid waste
6627	6627	202.33facility in the metropolitan area except in accordance with the plan and section 473.823,
6628	6628	202Article 9 Sec. 31.
6629	6629	REVISOR MS/VJ 25-0104601/28/25 203.1provided that no solid waste facility in use when a plan is adopted shall be discontinued
6630	6630	203.2solely because it is not located in an area designated in the plan as acceptable for the location
6631	6631	203.3of such facilities.
6632	6632	203.4Sec. 32. Minnesota Statutes 2024, section 473.811, subdivision 4, is amended to read:
6633	6633	203.5 Subd. 4.County contracts.Each metropolitan county may contract for the acquisition
6634	6634	203.6or use of existing public or private solid waste facilities or any facilities deemed necessary
6635	6635	203.7or useful for resource recovery from solid waste and may contract with any person for the
6636	6636	203.8operation or maintenance, or both, of any solid waste facility owned by the county. The
6637	6637	203.9contract shall provide for the operation or maintenance, or both, of the facility in accordance
6638	6638	203.10with any regulations, criteria, and standards of the agency, the Metropolitan Council and
6639	6639	203.11the county relating thereto. Any contract for the operation or maintenance of a solid waste
6640	6640	203.12facility may provide for the sale of solid waste, materials, electric energy, steam or other
6641	6641	203.13product to the operator or for a fee payable to the operator, which may be a fixed fee, or a
6642	6642	203.14fee based on tonnage or a percentage of income or other measure, or any combination
6643	6643	203.15thereof. A metropolitan county may warrant to the operator of a solid waste facility or
6644	6644	203.16contract purchaser of any solid waste, materials, electric energy, steam or other product the
6645	6645	203.17quality, composition and available quantity of the solid waste, materials, electric energy,
6646	6646	203.18steam or other product to be sold or delivered. A metropolitan county may enter into an
6647	6647	203.19agreement with any local government unit or the University of Minnesota for the purpose
6648	6648	203.20of compensating for the local risks, costs, or other effects of a waste processing facility.
6649	6649	203.21Sec. 33. Minnesota Statutes 2024, section 473.811, subdivision 6, is amended to read:
6650	6650	203.22 Subd. 6.Grants and loans to counties.Each metropolitan county may accept gifts,;
6651	6651	203.23may apply for and accept grants or loans of money or other property from the United States,
6652	6652	203.24the state, the Metropolitan Council, any local government unit, or any person, to accomplish
6653	6653	203.25the purposes specified in sections 473.149, 473.151, 473.801 to 473.823, and 473.834,; may
6654	6654	203.26enter into any agreement required in connection therewith,; and may hold, use, and dispose
6655	6655	203.27of the money or property in accordance with the terms of the gift, grant, loan or agreement
6656	6656	203.28relating thereto.
6657	6657	203.29Sec. 34. REPEALER.
6658	6658	203.30 Minnesota Statutes 2024, sections 115.66; 115A.03, subdivision 19; 473.1565; 473.501,
6659	6659	203.31subdivisions 1 and 3; 473.504, subdivisions 4, 5, 6, 9, 10, 11, and 12; 473.505; 473.511,
6660	6660	203.32subdivisions 1, 2, 3, and 4; 473.5111; 473.512; 473.513; 473.515; 473.5155; 473.516,
6661	6661	203.33subdivisions 1, 2, 3, and 4; 473.517, subdivisions 1, 3, 6, and 10; 473.519; 473.521; 473.523,
6662	6662	203Article 9 Sec. 34.
6663	6663	REVISOR MS/VJ 25-0104601/28/25 204.1subdivisions 1 and 1a; 473.524; 473.541; 473.542; 473.543, subdivisions 1, 2, 3, and 4;
6664	6664	204.2473.545; 473.547; 473.549; and 473.834, subdivisions 1 and 2, are repealed.
6665	6665	204.3Sec. 35. EFFECTIVE DATE.
6666	6666	204.4 This article is effective July 1, 2026.
6667	6667	204.5 ARTICLE 10
6668	6668	204.6 METROPOLITAN SPORTS FACILITIES AUTHORITY
6669	6669	204.7Section 1. Minnesota Statutes 2024, section 473J.25, is amended by adding a subdivision
6670	6670	204.8to read:
6671	6671	204.9 Subd. 6.Conforming changes.By January 1, 2026, the authority must submit a bill to
6672	6672	204.10the chairs and ranking minority members of the legislative committees with primary
6673	6673	204.11jurisdiction over state and local government issues. The bill must:
6674	6674	204.12 (1) provide for the transition of duties and obligations of the former commission to the
6675	6675	204.13authority;
6676	6676	204.14 (2) specify unnecessary, outdated, and redundant statutes to be repealed; and
6677	6677	204.15 (3) provide for any changes necessary relating to the abolition of the Metropolitan
6678	6678	204.16Council.
6679	6679	204.17Sec. 2. REPEALER.
6680	6680	204.18 Minnesota Statutes 2024, section 473J.25, subdivision 5, is repealed.
6681	6681	204.19 ARTICLE 11
6682	6682	204.20 CONFORMING AMENDMENTS
6683	6683	204.21Section 1. Minnesota Statutes 2024, section 3.971, subdivision 6, is amended to read:
6684	6684	204.22 Subd. 6.Financial audits.The legislative auditor shall audit the financial statements
6685	6685	204.23of the state of Minnesota required by section 16A.50 and, as resources permit, Minnesota
6686	6686	204.24State Colleges and Universities, the University of Minnesota, state agencies, departments,
6687	6687	204.25boards, commissions, offices, courts, and other organizations subject to audit by the
6688	6688	204.26legislative auditor, including, but not limited to, the State Agricultural Society, Agricultural
6689	6689	204.27Utilization Research Institute, Enterprise Minnesota, Inc., Minnesota Historical Society,
6690	6690	204.28ClearWay Minnesota, Minnesota Sports Facilities Authority, Metropolitan Council,
6691	6691	204.29Metropolitan Airports Commission, and Metropolitan Mosquito Control District. Financial
6692	6692	204.30audits must be conducted according to generally accepted government auditing standards.
6693	6693	204Article 11 Section 1.
6694	6694	REVISOR MS/VJ 25-0104601/28/25 205.1The legislative auditor shall see that all provisions of law respecting the appropriate and
6695	6695	205.2economic use of public funds and other public resources are complied with and may, as
6696	6696	205.3part of a financial audit or separately, investigate allegations of noncompliance.
6697	6697	205.4Sec. 2. Minnesota Statutes 2024, section 10.65, subdivision 2, is amended to read:
6698	6698	205.5 Subd. 2.Definitions.As used in this section, the following terms have the meanings
6699	6699	205.6given:
6700	6700	205.7 (1) "agency" means the Department of Administration; Department of Agriculture;
6701	6701	205.8Department of Children, Youth, and Families; Department of Commerce; Department of
6702	6702	205.9Corrections; Department of Education; Department of Employment and Economic
6703	6703	205.10Development; Department of Health; Office of Higher Education; Housing Finance Agency;
6704	6704	205.11Department of Human Rights; Department of Human Services; Department of Information
6705	6705	205.12Technology Services; Department of Iron Range Resources and Rehabilitation; Department
6706	6706	205.13of Labor and Industry; Minnesota Management and Budget; Bureau of Mediation Services;
6707	6707	205.14Department of Military Affairs; Metropolitan Council; Department of Natural Resources;
6708	6708	205.15Pollution Control Agency; Department of Public Safety; Department of Revenue; Department
6709	6709	205.16of Transportation; Department of Veterans Affairs; Direct Care and Treatment; Gambling
6710	6710	205.17Control Board; Racing Commission; the Minnesota Lottery; the Animal Health Board; the
6711	6711	205.18Public Utilities Commission; and the Board of Water and Soil Resources;
6712	6712	205.19 (2) "consultation" means the direct and interactive involvement of the Minnesota Tribal
6713	6713	205.20governments in the development of policy on matters that have Tribal implications.
6714	6714	205.21Consultation is the proactive, affirmative process of identifying and seeking input from
6715	6715	205.22appropriate Tribal governments and considering their interest as a necessary and integral
6716	6716	205.23part of the decision-making process. This definition adds to statutorily mandated notification
6717	6717	205.24procedures. During a consultation, the burden is on the agency to show that it has made a
6718	6718	205.25good faith effort to elicit feedback. Consultation is a formal engagement between agency
6719	6719	205.26officials and the governing body or bodies of an individual Minnesota Tribal government
6720	6720	205.27that the agency or an individual Tribal government may initiate. Formal meetings or
6721	6721	205.28communication between top agency officials and the governing body of a Minnesota Tribal
6722	6722	205.29government is a necessary element of consultation;
6723	6723	205.30 (3) "matters that have Tribal implications" means rules, legislative proposals, policy
6724	6724	205.31statements, or other actions that have substantial direct effects on one or more Minnesota
6725	6725	205.32Tribal governments, or on the distribution of power and responsibilities between the state
6726	6726	205.33and Minnesota Tribal governments;
6727	6727	205Article 11 Sec. 2.
6728	6728	REVISOR MS/VJ 25-0104601/28/25 206.1 (4) "Minnesota Tribal governments" means the federally recognized Indian Tribes located
6729	6729	206.2in Minnesota including: Bois Forte Band; Fond Du Lac Band; Grand Portage Band; Leech
6730	6730	206.3Lake Band; Mille Lacs Band; White Earth Band; Red Lake Nation; Lower Sioux Indian
6731	6731	206.4Community; Prairie Island Indian Community; Shakopee Mdewakanton Sioux Community;
6732	6732	206.5and Upper Sioux Community; and
6733	6733	206.6 (5) "timely and meaningful" means done or occurring at a favorable or useful time that
6734	6734	206.7allows the result of consultation to be included in the agency's decision-making process for
6735	6735	206.8a matter that has Tribal implications.
6736	6736	206.9Sec. 3. Minnesota Statutes 2024, section 268B.01, subdivision 18, is amended to read:
6737	6737	206.10 Subd. 18.Employer.(a) "Employer" means:
6738	6738	206.11 (1) any person, type of organization, or entity, including any partnership, association,
6739	6739	206.12trust, estate, joint stock company, insurance company, limited liability company, or
6740	6740	206.13corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or
6741	6741	206.14the legal representative of a deceased person, having any individual in covered employment;
6742	6742	206.15 (2) the state, state agencies, Minnesota State Colleges and Universities, University of
6743	6743	206.16Minnesota, and other statewide public systems;
6744	6744	206.17 (3) any municipality or local government entity, including but not limited to a county,
6745	6745	206.18city, town, school district, Metropolitan Council, Metropolitan Airports Commission, housing
6746	6746	206.19and redevelopment authority, port authority, economic development authority, sports facilities
6747	6747	206.20authority, board or commission, joint powers board or organization created under section
6748	6748	206.21471.59, destination medical center corporation, municipal corporation, quasimunicipal
6749	6749	206.22corporation, or other political subdivision. An employer also includes charter schools; and
6750	6750	206.23 (4) the taxpaying employer as described in section 268.046, subdivision 1.
6751	6751	206.24 (b) Employer does not include:
6752	6752	206.25 (1) the United States of America; or
6753	6753	206.26 (2) a self-employed individual who has elected and been approved for coverage under
6754	6754	206.27section 268B.11 with regard to the self-employed individual's own coverage and benefits.
6755	6755	206.28Sec. 4. Minnesota Statutes 2024, section 363A.36, subdivision 1, is amended to read:
6756	6756	206.29 Subdivision 1.Scope of application.(a) No department, agency of the state, the
6757	6757	206.30Metropolitan Council, or agency subject to section 473.143, subdivision 1, shall execute a
6758	6758	206.31contract for goods or services in excess of $100,000 with a business that has 40 or more
6759	6759	206Article 11 Sec. 4.
6760	6760	REVISOR MS/VJ 25-0104601/28/25 207.1full-time employees in this state or a state where the business has its primary place of
6761	6761	207.2business on a single day during the prior 12 months, unless the business has a workforce
6762	6762	207.3certificate from the commissioner of human rights or has certified in writing that it is exempt.
6763	6763	207.4Determinations of exempt status shall be made by the commissioner of human rights. A
6764	6764	207.5certificate is valid for four years. A municipality as defined in section 466.01, subdivision
6765	6765	207.61, that receives state money for any reason is encouraged to prepare and implement an
6766	6766	207.7affirmative action plan for the employment of people with disabilities, people of color, and
6767	6767	207.8women, and to submit the plan to the commissioner.
6768	6768	207.9 (b) This section does not apply to contracts entered into by the State Board of Investment
6769	6769	207.10for investment options under section 356.645.
6770	6770	207.11 (c) The commissioner shall issue a certificate of compliance or notice of denial within
6771	6771	207.1215 days of the application submitted by the business or firm.
6772	6772	207.13Sec. 5. Minnesota Statutes 2024, section 363A.36, subdivision 1a, is amended to read:
6773	6773	207.14 Subd. 1a.Scope of application; state capital funding.(a) An agency that uses state
6774	6774	207.15money to pay for part or all of a capital project is subject to and must comply with the
6775	6775	207.16restrictions in subdivision 1, for contracts exceeding $100,000. A political subdivision that
6776	6776	207.17uses state money to pay for part or all of a capital project is subject to and must comply
6777	6777	207.18with the restrictions in subdivision 1, for contracts exceeding $250,000.
6778	6778	207.19 (b) For the purposes of this subdivision, the following terms have the meanings given
6779	6779	207.20them:
6780	6780	207.21 (1) "agency" means a state board, commission, authority, department, or other agency
6781	6781	207.22of the executive branch of state government; the Metropolitan Council; the Minnesota
6782	6782	207.23Historical Society; the Minnesota State Colleges and Universities; or the University of
6783	6783	207.24Minnesota;
6784	6784	207.25 (2) "capital project" means the acquisition and betterment of land and buildings and
6785	6785	207.26other public improvements in the state, including acquisition of real property or an interest
6786	6786	207.27in real property, predesign, design, engineering, site preparation and related environmental
6787	6787	207.28work, renovation, construction, furnishing, and equipping;
6788	6788	207.29 (3) "political subdivision" means a county, home rule charter or statutory city, town,
6789	6789	207.30school district, metropolitan or regional agency other than the Metropolitan Council, public
6790	6790	207.31corporation established in law, or other special or limited purpose district created or
6791	6791	207.32authorized by law; and
6792	6792	207Article 11 Sec. 5.
6793	6793	REVISOR MS/VJ 25-0104601/28/25 208.1 (4) "state money" means the proceeds of state general obligation bonds issued under
6794	6794	208.2article XI, section 5, clause (a), of the Minnesota Constitution.
6795	6795	208.3 (c) This subdivision applies to a capital project or discrete phase of a capital project for
6796	6796	208.4which state money has been appropriated on or after January 1, 2022.
6797	6797	208.5Sec. 6. REVISOR INSTRUCTION.
6798	6798	208.6 The revisor of statutes must prepare, in an appropriate bill for the 2026 session,
6799	6799	208.7conforming statutory amendments necessitated by this act.
6800	6800	208.8 ARTICLE 12
6801	6801	208.9 APPLICATION
6802	6802	208.10Section 1. METROPOLITAN COUNTIES.
6803	6803	208.11 Unless the context indicates otherwise, this act applies in the counties of Anoka, Carver,
6804	6804	208.12Dakota, Hennepin, Ramsey, Scott, and Washington.
6805	6805	208Article 12 Section 1.
6806	6806	REVISOR MS/VJ 25-0104601/28/25 Page.Ln 3.2METROPOLITAN COUNCIL ABOLISHED.......................................ARTICLE 1
6807	6807	Page.Ln 71.13PUBLIC SAFETY RADIO COMMUNICATION.................................ARTICLE 2
6808	6808	Page.Ln 74.1FISCAL DISPARITIES..........................................................................ARTICLE 3
6809	6809	Page.Ln 76.17METROPOLITAN LAND USE PLANNING.......................................ARTICLE 4
6810	6810	Page.Ln 77.1METROPOLITAN AIRPORTS COMMISSION...................................ARTICLE 5
6811	6811	Page.Ln 83.23METROPOLITAN AGRICULTURAL PRESERVES...........................ARTICLE 6
6812	6812	Page.Ln 85.1PARKS AND OPEN SPACE.................................................................ARTICLE 7
6813	6813	Page.Ln 95.3TRANSPORTATION.............................................................................ARTICLE 8
6814	6814	Page.Ln 175.3WATER AND SOLID WASTE MANAGEMENT ................................ARTICLE 9
6815	6815	Page.Ln 204.5METROPOLITAN SPORTS FACILITIES AUTHORITY....................ARTICLE 10
6816	6816	Page.Ln 204.19CONFORMING AMENDMENTS ........................................................ARTICLE 11
6817	6817	Page.Ln 208.8APPLICATION......................................................................................ARTICLE 12
6818	6818	1
6819	6819	APPENDIX
6820	6820	Article locations for 25-01046 3.8841 LEGISLATIVE COMMISSION ON METROPOLITAN GOVERNMENT .
6821	6821	Subdivision 1.Established.The Legislative Commission on Metropolitan Government is
6822	6822	established to oversee the Metropolitan Council's operating and capital budgets, work program,
6823	6823	and capital improvement program.
6824	6824	Subd. 2.Membership.The commission consists of four senators appointed by the senate
6825	6825	Subcommittee on Committees of the Committee on Rules and Administration, three senators
6826	6826	appointed by the senate minority leader, four state representatives appointed by the speaker of the
6827	6827	house, and three state representatives appointed by the house minority leader. All members must
6828	6828	reside in or represent a portion of the seven-county metropolitan area. The appointing authorities
6829	6829	must ensure balanced geographic representation. Each appointing authority must make appointments
6830	6830	as soon as possible after the opening of the next regular session of the legislature in each
6831	6831	odd-numbered year.
6832	6832	Subd. 3.Terms; vacancies.Members of the commission serve for a two-year term beginning
6833	6833	upon appointment and expiring upon appointment of a successor after the opening of the next
6834	6834	regular session of the legislature in the odd-numbered year. A vacancy in the membership of the
6835	6835	commission must be filled for the unexpired term in a manner that will preserve the representation
6836	6836	established by this section.
6837	6837	Subd. 4.Chair.The commission must meet as soon as practicable after members are appointed
6838	6838	in each odd-numbered year to elect its chair and other officers as it may determine necessary. A
6839	6839	chair serves a two-year term, expiring in the odd-numbered year after a successor is elected. The
6840	6840	chair must alternate biennially between the senate and the house of representatives.
6841	6841	Subd. 5.Compensation.Members serve without compensation but may be reimbursed for their
6842	6842	reasonable expenses as members of the legislature.
6843	6843	Subd. 6.Staff.Legislative staff must provide administrative and research assistance to the
6844	6844	commission.
6845	6845	Subd. 7.Meetings; procedures.The commission meets at the call of the chair. If there is a
6846	6846	quorum, the commission may take action by a simple majority vote of commission members present.
6847	6847	Subd. 8.Powers; duties; Metropolitan Council levy, budget oversight.The commission
6848	6848	must monitor, review, and make recommendations to the Metropolitan Council and to the legislature
6849	6849	for the following calendar year on:
6850	6850	(1) the tax rate and dollar amount of the Metropolitan Council's property tax levies and any
6851	6851	proposed increases in the rate or dollar amount of tax;
6852	6852	(2) any request for an increase in the debt of the Metropolitan Council;
6853	6853	(3) the overall work and role of the Metropolitan Council;
6854	6854	(4) the Metropolitan Council's proposed operating and capital budgets, work program, and
6855	6855	capital improvement program; and
6856	6856	(5) the Metropolitan Council's implementation of the operating and capital budgets, work
6857	6857	program, and capital improvement program.
6858	6858	Subd. 9.Powers; duties; Metropolitan Council appointments oversight.The commission
6859	6859	must monitor appointments to the Metropolitan Council and may make recommendations on
6860	6860	appointments to the nominating committee under section 473.123, subdivision 3, or to the governor
6861	6861	before the governor makes the appointments. The commission may also make recommendations
6862	6862	to the senate before appointments are presented to the senate for its advice and consent.
6863	6863	103B.235 LOCAL WATER MANAGEMENT PLANS.
6864	6864	Subd. 3a.Review; Metropolitan Council.Concurrently with its submission of its local water
6865	6865	management plan to the watershed management organization as provided in subdivision 3, each
6866	6866	local unit of government shall submit its water management plan to the Metropolitan Council for
6867	6867	review and comment by the council. The council shall have 45 days to review and comment upon
6868	6868	the local plan or parts of the plan with respect to consistency with the council's comprehensive
6869	6869	development guide for the metropolitan area. The council's 45-day review period shall run
6870	6870	concurrently with the 60-day review period by the watershed management organization provided
6871	6871	in subdivision 3. The Metropolitan Council shall submit its comments to the watershed management
6872	6872	organization and shall send a copy of its comments to the local government unit. If the Metropolitan
6873	6873	Council fails to complete its review and make comments to the watershed management organization
6874	6874	1R
6875	6875	APPENDIX
6876	6876	Repealed Minnesota Statutes: 25-01046 within the 45-day period, the watershed management organization shall complete its review as
6877	6877	provided in subdivision 3.
6878	6878	115.66 SEVERABILITY.
6879	6879	If any provision of sections 115.61 to 115.67 or the application thereof to any person or
6880	6880	circumstances is held to be invalid, such invalidity shall not affect other provisions or applications
6881	6881	of sections 115.61 to 115.67 which can be given effect without the invalid provision or application,
6882	6882	and to this end the provisions of sections 115.61 to 115.67 and the various applications thereof are
6883	6883	declared to be severable.
6884	6884	115A.03 DEFINITIONS.
6885	6885	Subd. 19.Metropolitan Council."Metropolitan Council" means the council established in
6886	6886	chapter 473.
6887	6887	174.22 DEFINITIONS.
6888	6888	Subd. 3.Metropolitan Council."Metropolitan Council" means the council established by
6889	6889	section 473.123.
6890	6890	238.43 REGIONAL CHANNEL.
6891	6891	Subd. 5.Regional channel entity.The Cable Communications Board may designate a regional
6892	6892	channel entity prior to July 1, 1985. If the Cable Communications Board does not designate an
6893	6893	entity by June 30, 1985, the Metropolitan Council shall appoint the governing body of the regional
6894	6894	channel entity which must consist of 15 members appointed to three-year terms. In making the
6895	6895	initial appointments the Metropolitan Council shall designate one-third of the appointees to serve
6896	6896	one-year terms, one-third to serve two-year terms, and one-third to serve three-year terms. In the
6897	6897	case of a vacancy the council shall appoint a person to fill the vacancy for the remainder of the
6898	6898	unexpired term. The Metropolitan Council shall name three appointees from the recommendations
6899	6899	received from the Association of Metropolitan Municipalities and three from the recommendations
6900	6900	received from the cable communications companies operating in the metropolitan area.
6901	6901	297A.992 METROPOLITAN TRANSPORTATION AREA SALES TAX.
6902	6902	Subd. 12.Grant awards to Metropolitan Council.Any grant award under this section made
6903	6903	to the Metropolitan Council must supplement, and must not supplant, operating and capital assistance
6904	6904	provided by the state.
6905	6905	403.27 REVENUE BONDS; OBLIGATIONS.
6906	6906	Subdivision 1.Authorization.After consulting with the commissioner of management and
6907	6907	budget, the council, if requested by a vote of at least two-thirds of all of the members of the
6908	6908	Metropolitan Radio Board, may, by resolution, authorize the issuance of its revenue bonds for any
6909	6909	of the following purposes to:
6910	6910	(1) provide funds for regionwide mutual aid and emergency medical services communications;
6911	6911	(2) provide funds for the elements of the first phase of the regionwide public safety radio
6912	6912	communication system that the board determines are of regionwide benefit and support mutual aid
6913	6913	and emergency medical services communication including, but not limited to, costs of master
6914	6914	controllers of the backbone;
6915	6915	(3) provide money for the second phase of the public safety radio communication system;
6916	6916	(4) to the extent money is available after meeting the needs described in clauses (1) to (3),
6917	6917	provide money to reimburse local units of government for amounts expended for capital
6918	6918	improvements to the first phase system previously paid for by the local government units; or
6919	6919	(5) refund bonds issued under this section.
6920	6920	Subd. 2.Procedure.The bonds shall be sold, issued, and secured in the manner provided in
6921	6921	chapter 475 for bonds payable solely from revenues, except as otherwise provided in sections 403.21
6922	6922	to 403.34 and the council shall have the same powers and duties as a municipality and its governing
6923	6923	body in issuing bonds under chapter 475. The bonds may be sold at any price and at public or private
6924	6924	sale as determined by the council.
6925	6925	The bonds shall be payable from and secured by a pledge of the emergency telephone service
6926	6926	fee provided in chapter 403 and shall not represent or constitute a general obligation or debt of the
6927	6927	2R
6928	6928	APPENDIX
6929	6929	Repealed Minnesota Statutes: 25-01046 council and shall not be included in the net debt of any city, county, or other subdivision of the
6930	6930	state for the purpose of any debt limitation.
6931	6931	Subd. 3.Limitations.(a) The principal amount of the bonds issued pursuant to subdivision 1,
6932	6932	exclusive of any original issue discount, shall not exceed the amount of $10,000,000 plus the amount
6933	6933	the council determines necessary to pay the costs of issuance, fund reserves, debt service, and pay
6934	6934	for any bond insurance or other credit enhancement.
6935	6935	(b) In addition to the amount authorized under paragraph (a), the council may issue bonds under
6936	6936	subdivision 1 in a principal amount of $3,306,300, plus the amount the council determines necessary
6937	6937	to pay the cost of issuance, fund reserves, debt service, and any bond insurance or other credit
6938	6938	enhancement. The proceeds of bonds issued under this paragraph may not be used to finance portable
6939	6939	or subscriber radio sets.
6940	6940	Subd. 4.Security.The bonds may be secured by a bond resolution or a trust indenture entered
6941	6941	into by the council with a corporate trustee within or outside the state which shall define the fee
6942	6942	pledged for the payment and security of the bonds and for payment of all necessary and reasonable
6943	6943	debt service expenses until all the bonds referred to in subdivision 1 are fully paid or discharged in
6944	6944	accordance with law. The pledge shall be a valid charge on the emergency telephone service fee
6945	6945	provided in chapter 403. No mortgage of or security interest in any tangible real or personal property
6946	6946	shall be granted to the bondholders or the trustee, but they shall have a valid security interest in the
6947	6947	revenues and bond proceeds received by the council and pledged to the payment of the bonds as
6948	6948	against the claims of all persons in tort, contract, or otherwise, irrespective of whether the parties
6949	6949	have notice and without possession or filing as provided in the Uniform Commercial Code, or any
6950	6950	other law, subject however to the rights of the holders of any general obligation bonds issued under
6951	6951	section 403.32. In the bond resolution or trust indenture, the council may make covenants as it
6952	6952	determines to be reasonable for the protection of the bondholders.
6953	6953	Neither the council, nor any council member, officer, employee, or agent of the council, nor
6954	6954	any person executing the bonds shall be liable personally on the bonds by reason of their issuance.
6955	6955	The bonds are not payable from, and are not a charge upon, any funds other than the revenues and
6956	6956	bond proceeds pledged to their payment. The council is not subject to any liability on the bonds
6957	6957	and has no power to obligate itself to pay or to pay the bonds from funds other than the revenues
6958	6958	and bond proceeds pledged. No holder of bonds has the right to compel any exercise of the taxing
6959	6959	power of the council, except any deficiency tax levy the council covenants to certify under section
6960	6960	403.31, or any other public body, to the payment of principal of or interest on the bonds. No holder
6961	6961	of bonds has the right to enforce payment of principal or interest against any property of the council
6962	6962	or other public body other than that expressly pledged for the payment of the bonds.
6963	6963	403.29 USE OF BOND PROCEEDS.
6964	6964	Subd. 4.Use of bond proceeds.The use of proceeds of all bonds issued by the Metropolitan
6965	6965	Council for the purposes enumerated in section 403.27, subdivision 1, other than investment of all
6966	6966	money on hand in any sinking fund or funds of the council, shall be governed by the provisions of
6967	6967	chapter 475, the provisions of resolutions authorizing the issuance of the bonds, and by the trust
6968	6968	indenture.
6969	6969	403.32 SALE OF GENERAL OBLIGATION BONDS.
6970	6970	Subdivision 1.Amount; purposes.The Metropolitan Council may by resolution authorize the
6971	6971	issuance of general obligation bonds of the council, in an amount outstanding and undischarged at
6972	6972	any time not more than $3,000,000, for which its full faith and credit and taxing powers shall be
6973	6973	pledged for the council's share of the first phase. The Metropolitan Council may also issue general
6974	6974	obligation bonds to refund outstanding obligations issued under this section. The amount of refunding
6975	6975	bonds that may be issued from time to time shall not be subject to the dollar limitation contained
6976	6976	in this subdivision nor the refunding bonds be included in computing the amount of bonds that may
6977	6977	be issued within that dollar limitation.
6978	6978	Subd. 2.Sale, terms, security.The Metropolitan Council shall sell and issue the bonds in the
6979	6979	manner provided in chapter 475 and shall have the same powers and duties as a municipality issuing
6980	6980	bonds under that chapter, except that the approval of a majority of the electors shall not be required
6981	6981	and the net debt limitations shall not apply. The bonds shall be secured in accordance with section
6982	6982	475.61, subdivision 1, and any taxes required for their payment shall be levied by the council, shall
6983	6983	not affect the amount or rate of taxes which may be levied by the council for other purposes, and
6984	6984	shall be levied without limitation of rate or amount upon all taxable property in the transit taxing
6985	6985	district and transit area as provided in section 473.446, subdivision 1.
6986	6986	3R
6987	6987	APPENDIX
6988	6988	Repealed Minnesota Statutes: 25-01046 Subd. 3.Temporary loans.The Metropolitan Council may, after the authorization of bonds
6989	6989	under this section, provide funds immediately required for the purposes of subdivision 1 by effecting
6990	6990	temporary loans upon terms as it shall by resolution determine, evidenced by notes due in not
6991	6991	exceeding 24 months from their date, payable to the order of the lender or to the bearer, to be repaid
6992	6992	with interest from the proceeds of the bonds when issued and delivered to the purchaser. The
6993	6993	temporary loans may be made without public advertisement.
6994	6994	462.382 APPLICATION.
6995	6995	The provisions of sections 462.381 to 462.398 have no application to the Metropolitan Council
6996	6996	created by or the region defined by Laws 1967, chapter 896.
6997	6997	462C.071 SINGLE-FAMILY MORTGAGE BONDS; LIMITATIONS.
6998	6998	Subd. 4.Redevelopment area.A city located within the metropolitan area must submit to the
6999	6999	Metropolitan Council the resolution adopted by the governing body of the city finding an area to
7000	7000	be a redevelopment area and a map of the redevelopment area.
7001	7001	473.121 DEFINITIONS.
7002	7002	Subd. 3.Metropolitan Council or council."Metropolitan Council" or "council" means the
7003	7003	Metropolitan Council established by section 473.123.
7004	7004	Subd. 8.Metropolitan significance."Metropolitan significance" means a status determined
7005	7005	by the Metropolitan Council pursuant to the rules and procedures established by section 473.173.
7006	7006	Subd. 12.Metropolitan Parks and Open Space Commission."Metropolitan Parks and Open
7007	7007	Space Commission" means the commission established in sections 473.302 to 473.341.
7008	7008	473.123 METROPOLITAN COUNCIL.
7009	7009	Subdivision 1.Creation.A Metropolitan Council with jurisdiction in the metropolitan area is
7010	7010	established as a public corporation and political subdivision of the state. It shall be under the
7011	7011	supervision and control of 17 members, all of whom shall be residents of the metropolitan area.
7012	7012	Subd. 2a.Terms.Following each apportionment of council districts, as provided under
7013	7013	subdivision 3a, council members must be appointed from newly drawn districts as provided in
7014	7014	subdivision 3a. Each council member, other than the chair, must reside in the council district
7015	7015	represented. Each council district must be represented by one member of the council. The terms of
7016	7016	members end with the term of the governor, except that all terms expire on the effective date of the
7017	7017	next apportionment. A member serves at the pleasure of the governor. A member shall continue to
7018	7018	serve the member's district until a successor is appointed and qualified; except that, following each
7019	7019	apportionment, the member shall continue to serve at large until the governor appoints 16 council
7020	7020	members, one from each of the newly drawn council districts as provided under subdivision 3a, to
7021	7021	serve terms as provided under this section. The appointment to the council must be made by the
7022	7022	first Monday in March of the year in which the term ends.
7023	7023	Subd. 3.Membership; appointment; qualifications.(a) Sixteen members must be appointed
7024	7024	by the governor from districts defined by this section. Each council member must reside in the
7025	7025	council district represented. Each council district must be represented by one member of the council.
7026	7026	(b) In addition to the notice required by section 15.0597, subdivision 4, notice of vacancies and
7027	7027	expiration of terms must be published in newspapers of general circulation in the metropolitan area
7028	7028	and the appropriate districts. The governing bodies of the statutory and home rule charter cities,
7029	7029	counties, and towns having territory in the district for which a member is to be appointed must be
7030	7030	notified in writing. The notices must describe the appointments process and invite participation and
7031	7031	recommendations on the appointment.
7032	7032	(c) The governor shall create a nominating committee, composed of seven metropolitan citizens
7033	7033	appointed by the governor, to nominate persons for appointment to the council from districts. Three
7034	7034	of the committee members must be local elected officials. Following the submission of applications
7035	7035	as provided under section 15.0597, subdivision 5, the nominating committee shall conduct public
7036	7036	meetings, after appropriate notice, to accept statements from or on behalf of persons who have
7037	7037	applied or been nominated for appointment and to allow consultation with and secure the advice
7038	7038	of the public and local elected officials. The committee shall hold the meeting on each appointment
7039	7039	in the district or in a reasonably convenient and accessible location in the part of the metropolitan
7040	7040	area in which the district is located. The committee may consolidate meetings. Following the
7041	7041	meetings, the committee shall submit to the governor a list of nominees for each appointment. The
7042	7042	governor is not required to appoint from the list.
7043	7043	4R
7044	7044	APPENDIX
7045	7045	Repealed Minnesota Statutes: 25-01046 (d) Before making an appointment, the governor shall consult with all members of the legislature
7046	7046	from the council district for which the member is to be appointed.
7047	7047	(e) Appointments to the council are subject to the advice and consent of the senate as provided
7048	7048	in section 15.066.
7049	7049	(f) Members of the council must be appointed to reflect fairly the various demographic, political,
7050	7050	and other interests in the metropolitan area and the districts.
7051	7051	(g) Members of the council must be persons knowledgeable about urban and metropolitan
7052	7052	affairs.
7053	7053	(h) Any vacancy in the office of a council member shall immediately be filled for the unexpired
7054	7054	term. In filling a vacancy, the governor may forgo the requirements of paragraph (c) if the governor
7055	7055	has made appointments in full compliance with the requirements of this subdivision within the
7056	7056	preceding 12 months.
7057	7057	Subd. 3a.Redistricting.The legislature shall redraw the boundaries of the council districts
7058	7058	after each decennial federal census so that each district has substantially equal population.
7059	7059	Redistricting is effective in the year ending in the numeral "3." Within 60 days after a redistricting
7060	7060	plan takes effect, the governor shall appoint members from the newly drawn districts to serve terms
7061	7061	as provided under subdivision 2a.
7062	7062	Subd. 3f.District boundaries.Metropolitan Council plan MC2023-2, on file with the
7063	7063	Geographical Information Systems Office of the Legislative Coordinating Commission and published
7064	7064	on its website on March 21, 2023, is adopted and constitutes the redistricting plan required by
7065	7065	subdivision 3a. The boundaries of each Metropolitan Council district are as described in that plan.
7066	7066	Subd. 4.Chair; appointment, officers, selection; duties and compensation.(a) The chair of
7067	7067	the Metropolitan Council shall be appointed by the governor as the 17th voting member thereof by
7068	7068	and with the advice and consent of the senate to serve at the pleasure of the governor to represent
7069	7069	the metropolitan area at large. Senate confirmation shall be as provided by section 15.066.
7070	7070	The chair of the Metropolitan Council shall, if present, preside at meetings of the council, have
7071	7071	the primary responsibility for meeting with local elected officials, serve as the principal legislative
7072	7072	liaison, present to the governor and the legislature, after council approval, the council's plans for
7073	7073	regional governance and operations, serve as the principal spokesperson of the council, and perform
7074	7074	other duties assigned by the council or by law.
7075	7075	(b) The Metropolitan Council shall elect other officers as it deems necessary for the conduct of
7076	7076	its affairs for a one-year term. A secretary and treasurer need not be members of the Metropolitan
7077	7077	Council. Meeting times and places shall be fixed by the Metropolitan Council and special meetings
7078	7078	may be called by a majority of the members of the Metropolitan Council or by the chair. The chair
7079	7079	and each Metropolitan Council member shall be reimbursed for actual and necessary expenses.
7080	7080	(c) Each member of the council shall attend and participate in council meetings and meet
7081	7081	regularly with local elected officials and legislative members from the council member's district.
7082	7082	Each council member shall serve on at least one division committee for transportation, environment,
7083	7083	or community development.
7084	7084	(d) In the performance of its duties the Metropolitan Council may adopt policies and procedures
7085	7085	governing its operation, establish committees, and, when specifically authorized by law, make
7086	7086	appointments to other governmental agencies and districts.
7087	7087	Subd. 8.General counsel.The council may appoint a general counsel to serve at the pleasure
7088	7088	of the council.
7089	7089	473.125 REGIONAL ADMINISTRATOR.
7090	7090	The Metropolitan Council shall appoint a regional administrator to serve at the council's pleasure
7091	7091	as the principal administrative officer for the Metropolitan Council. The regional administrator
7092	7092	shall organize the work of the council staff. The regional administrator shall appoint on the basis
7093	7093	of merit and fitness, and discipline and discharge all employees in accordance with the council's
7094	7094	personnel policy, except the general counsel, as provided in section 473.123, subdivision 8. The
7095	7095	regional administrator must ensure that all policy decisions of the council are carried out. The
7096	7096	regional administrator shall attend meetings of the council and may take part in discussions but
7097	7097	may not vote. The regional administrator shall recommend to the council for adoption measures
7098	7098	deemed necessary for efficient administration of the council, keep the council fully apprised of the
7099	7099	financial condition of the council, and prepare and submit an annual budget to the council for
7100	7100	5R
7101	7101	APPENDIX
7102	7102	Repealed Minnesota Statutes: 25-01046 approval. The regional administrator shall prepare and submit for approval by the council an
7103	7103	administrative code organizing and codifying the policies of the council, and perform other duties
7104	7104	as prescribed by the council. The regional administrator may be chosen from among the citizens
7105	7105	of the nation at large, and shall be selected on the basis of training and experience in public
7106	7106	administration.
7107	7107	473.127 ADVISORY COMMITTEES.
7108	7108	The Metropolitan Council may establish and appoint persons to advisory committees to assist
7109	7109	the Metropolitan Council in the performance of its duties. Members of the advisory committees
7110	7110	shall serve without compensation but shall be reimbursed for their reasonable expenses as determined
7111	7111	by the Metropolitan Council.
7112	7112	473.129 POWERS OF METROPOLITAN COUNCIL.
7113	7113	Subdivision 1.General powers.The Metropolitan Council shall have and exercise all powers
7114	7114	which may be necessary or convenient to enable it to perform and carry out the duties and
7115	7115	responsibilities now existing or which may hereafter be imposed upon it by law. Such powers
7116	7116	include the specific powers enumerated in this section.
7117	7117	Subd. 2.Employees.The Metropolitan Council shall prescribe all terms and conditions for the
7118	7118	employment of its employees including, but not limited to, adopting a compensation and classification
7119	7119	plan for its employees. Employees of the Metropolitan Council are public employees and are
7120	7120	members of the Minnesota State Retirement System. Those employed by a predecessor of the
7121	7121	Metropolitan Council and transferred to it may at their option become members of the Minnesota
7122	7122	State Retirement System or may continue as members of the public retirement association to which
7123	7123	they belonged as employees of the predecessor of the Metropolitan Council. The Metropolitan
7124	7124	Council shall make the employer's contributions to pension funds of its employees.
7125	7125	Subd. 3.Consulting contracts.The Metropolitan Council may contract for the services of
7126	7126	consultants who perform engineering, legal, or services of a professional nature. Such contracts
7127	7127	shall not be subject to the requirements of any law relating to public bidding.
7128	7128	Subd. 4.Gifts and appropriations.The Metropolitan Council may accept gifts, apply for and
7129	7129	use grants or loans of money or other property from the United States, the state, or any person for
7130	7130	any Metropolitan Council purpose and may enter into agreements required in connection therewith
7131	7131	and may hold, use, and dispose of such moneys or property in accordance with the terms of the
7132	7132	gift, grant, loan, or agreement relating thereto.
7133	7133	Subd. 5.Local governmental participation.The Metropolitan Council may (1) participate as
7134	7134	a party in any proceedings originating under chapter 414, if the proceedings involve the change in
7135	7135	a boundary of a governmental unit in the metropolitan area, and (2) conduct studies of the feasibility
7136	7136	of annexing, enlarging, or consolidating units in the metropolitan area.
7137	7137	Subd. 6.On metro agencies.The Metropolitan Council shall appoint from its membership a
7138	7138	member to serve with each metropolitan agency. Each member of the Metropolitan Council so
7139	7139	appointed on each of such agencies shall serve without a vote.
7140	7140	Subd. 7.Property.The council may acquire, own, hold, use, improve, operate, maintain, lease,
7141	7141	exchange, transfer, sell, or otherwise dispose of personal or real property, franchises, easements,
7142	7142	or property rights or interests of any kind.
7143	7143	Subd. 8.Insurance.The council may provide for self-insurance or otherwise provide for
7144	7144	insurance relating to any of its property, rights, or revenue, workers' compensation, public liability,
7145	7145	or any other risk or hazard arising from its activities, and may provide for insuring any of its officers
7146	7146	or employees against the risk or hazard at the expense of the council. If the council provides for
7147	7147	self-insurance, against its liability and the liability of its officers, employees, and agents for damages
7148	7148	resulting from its torts and those of its officers, employees, and agents, including its obligation to
7149	7149	pay basic economic loss benefits under sections 65B.41 to 65B.71, it shall be entitled to deduct
7150	7150	from damages and basic economic loss benefits all money paid or payable to the persons seeking
7151	7151	damages and benefits from all governmental entities providing medical, hospital, and disability
7152	7152	benefits except for payments made under the Minnesota family investment program or medical
7153	7153	assistance program.
7154	7154	Subd. 9.Investigations.When necessary and proper to the performance of its duties, the council
7155	7155	may enter in a reasonable manner upon any premises for the purpose of making any reasonably
7156	7156	necessary or proper investigations and examinations. The entry is not a trespass. The council is
7157	7157	liable for any actual and consequential loss, injury, or damage from the entry. When necessary and
7158	7158	6R
7159	7159	APPENDIX
7160	7160	Repealed Minnesota Statutes: 25-01046 proper to the performance of its duties, the council or its authorized agents may require the production
7161	7161	of accounts, books, records, memoranda, correspondence, and other documents and papers of a
7162	7162	person receiving financial assistance from the council, may inspect and copy them, and may have
7163	7163	access to and may inspect the lands, buildings, facilities, or equipment of the person.
7164	7164	Subd. 10.Employee health and wellness.The council may provide a program for health and
7165	7165	wellness services for council employees and provide necessary staff, funds, equipment, and facilities.
7166	7166	Subd. 11.External use of existing service capacity.For purposes of this subdivision, "service
7167	7167	capacity" means an existing service or operation carried out by the council as authorized by law,
7168	7168	or existing council real or personal property, for which the council on a temporary basis has capacity
7169	7169	available for use outside the council. Notwithstanding other law, the council may enter into
7170	7170	arrangements to provide service capacity to other governmental entities or the private sector on the
7171	7171	terms and conditions it considers appropriate. In providing service capacity, the council:
7172	7172	(1) may not commit to providing the service capacity for a period in excess of five years; and
7173	7173	(2) must receive compensation for providing the service capacity in at least an amount sufficient
7174	7174	to recover the actual costs of providing the service capacity including, but not limited to, the costs
7175	7175	of materials and supplies, employee salaries and benefits, and administrative overhead.
7176	7176	Subd. 12.Best value procurement alternative.(a) Notwithstanding the provisions of section
7177	7177	471.345, the council may award a contract for the purchase of transit vehicles to the vendor or
7178	7178	contractor offering the best value under a request for proposals. For the purposes of this subdivision,
7179	7179	"transit vehicles" means buses and coaches, commuter rail locomotives and coach cars, light rail
7180	7180	vehicles, and paratransit vehicles that are used to provide transit and special transportation service
7181	7181	pursuant to sections 473.371 to 473.449.
7182	7182	(b) For the purposes of this subdivision, "best value" describes a result intended in the acquisition
7183	7183	of goods and services described in paragraph (a). Price must be one of the evaluation criteria. Other
7184	7184	evaluation criteria may include, but are not limited to, environmental considerations, quality, and
7185	7185	vendor or contractor performance. The evaluation criteria must be included in the solicitation
7186	7186	document as well as the relative importance of price and other factors.
7187	7187	473.1293 ENERGY FORWARD PRICING MECHANISMS.
7188	7188	Subdivision 1.Definitions.The following definitions apply in this section.
7189	7189	(a) "Energy" means natural gas, heating oil, diesel fuel, or any other energy source, except
7190	7190	electric, used in Metropolitan Council operations.
7191	7191	(b) "Forward pricing mechanism" means either:
7192	7192	(1) a contract or financial instrument that obligates an entity to buy or sell a specified amount
7193	7193	of an energy commodity at a future date and at a set price; or
7194	7194	(2) an option to buy or sell the contract or financial instrument.
7195	7195	Subd. 2.Authority provided.Notwithstanding any other law to the contrary, the council may
7196	7196	use forward pricing mechanisms for budget risk reduction.
7197	7197	Subd. 3.Conditions.(a) Forward pricing transactions made under this section must be made
7198	7198	only under the conditions in paragraphs (b), (c), and (d).
7199	7199	(b) The amount of energy forward priced must not exceed the estimated energy usage for council
7200	7200	operations for the period of time covered by the forward pricing mechanism.
7201	7201	(c) The holding period and expiration date for any forward pricing mechanism must not exceed
7202	7202	24 months from the trade date of the transaction.
7203	7203	(d) Separate accounts must be established for each operational energy for which forward pricing
7204	7204	mechanisms are used under this section.
7205	7205	Subd. 4.Written policies and procedures.Before exercising authority under subdivision 2,
7206	7206	the council must have written policies and procedures governing the use of forward pricing
7207	7207	mechanisms.
7208	7208	Subd. 5.Oversight process.(a) Before exercising authority under subdivision 2, the governing
7209	7209	body of the council must establish an oversight process that provides for review of the council's
7210	7210	use of forward pricing mechanisms.
7211	7211	7R
7212	7212	APPENDIX
7213	7213	Repealed Minnesota Statutes: 25-01046 (b) The process must include:
7214	7214	(1) internal or external audit reviews;
7215	7215	(2) quarterly reports to, and review by, an internal investment committee; and
7216	7216	(3) internal management control.
7217	7217	473.132 SHORT-TERM INDEBTEDNESS.
7218	7218	The council may issue certificates of indebtedness or capital notes to purchase equipment to be
7219	7219	owned and used by the council and having an expected useful life of at least as long as the terms
7220	7220	of the certificates or notes. The certificates or notes shall be payable in not more than five years
7221	7221	and shall be issued on such terms and in such manner as the council may determine, and for this
7222	7222	purpose the council may secure payment of the certificates or notes by resolution or by trust indenture
7223	7223	entered into by the council with a corporate trustee within or outside the state, and by a mortgage
7224	7224	in the equipment financed. The total principal amount of the notes or certificates issued in a fiscal
7225	7225	year should not exceed one-half of one percent of the tax capacity of the metropolitan area for that
7226	7226	year. The full faith and credit of the council shall be pledged to the payment of the certificates or
7227	7227	notes, and a tax levy shall be made for the payment of the principal and interest on the certificates
7228	7228	or notes, in accordance with section 475.61, as in the case of bonds issued by a municipality. The
7229	7229	tax levy authorized by this section must be deducted from the amount of taxes the council is otherwise
7230	7230	authorized to levy under section 473.249.
7231	7231	473.1565 METROPOLITAN AREA WATER SUPPLY PLANNING ACTIVITIES;
7232	7232	ADVISORY COMMITTEES.
7233	7233	Subdivision 1.Planning activities.(a) The Metropolitan Council must carry out planning
7234	7234	activities addressing the water supply needs of the metropolitan area as defined in section 473.121,
7235	7235	subdivision 2. The planning activities must include, at a minimum:
7236	7236	(1) development and maintenance of a base of technical information needed for sound water
7237	7237	supply decisions including surface and groundwater availability analyses, water demand projections,
7238	7238	water withdrawal and use impact analyses, modeling, and similar studies;
7239	7239	(2) development and periodic update of a metropolitan area master water supply plan, prepared
7240	7240	in cooperation with and subject to the approval of the policy advisory committee established in this
7241	7241	section, that:
7242	7242	(i) provides guidance for local water supply systems and future regional investments;
7243	7243	(ii) emphasizes conservation, interjurisdictional cooperation, and long-term sustainability; and
7244	7244	(iii) addresses the reliability, security, and cost-effectiveness of the metropolitan area water
7245	7245	supply system and its local and subregional components;
7246	7246	(3) recommendations for clarifying the appropriate roles and responsibilities of local, regional,
7247	7247	and state government in metropolitan area water supply;
7248	7248	(4) recommendations for streamlining and consolidating metropolitan area water supply
7249	7249	decision-making and approval processes; and
7250	7250	(5) recommendations for the ongoing and long-term funding of metropolitan area water supply
7251	7251	planning activities and capital investments.
7252	7252	(b) The council must carry out the planning activities in this subdivision in consultation with
7253	7253	the Metropolitan Area Water Supply Policy and Technical Advisory Committees established in
7254	7254	this section.
7255	7255	Subd. 2.Policy advisory committee.(a) A Metropolitan Area Water Supply Policy Advisory
7256	7256	Committee is established to assist the council in its planning activities in subdivision 1. The policy
7257	7257	advisory committee has the following membership:
7258	7258	(1) the commissioner of agriculture or the commissioner's designee;
7259	7259	(2) the commissioner of health or the commissioner's designee;
7260	7260	(3) the commissioner of natural resources or the commissioner's designee;
7261	7261	(4) the commissioner of the Pollution Control Agency or the commissioner's designee;
7262	7262	8R
7263	7263	APPENDIX
7264	7264	Repealed Minnesota Statutes: 25-01046 (5) two officials of counties that are located in the metropolitan area, appointed by the governor,
7265	7265	in consultation with the Association of Minnesota Counties;
7266	7266	(6) five officials of noncounty local governmental units that are located in the metropolitan
7267	7267	area, appointed by the governor, in consultation with the Association of Metropolitan Municipalities;
7268	7268	(7) the chair of the Metropolitan Council or the chair's designee, who is chair of the advisory
7269	7269	committee;
7270	7270	(8) one official each from the counties of Chisago, Isanti, Sherburne, and Wright, appointed by
7271	7271	the governor, in consultation with the Association of Minnesota Counties and the League of
7272	7272	Minnesota Cities; and
7273	7273	(9) a representative of the Saint Paul Regional Water Services, appointed by and serving at the
7274	7274	pleasure of the Saint Paul Regional Water Services, and a representative of the Minneapolis Water
7275	7275	Department, appointed by and serving at the pleasure of the mayor of the city of Minneapolis.
7276	7276	A local government unit in each of the seven counties in the metropolitan area and Chisago,
7277	7277	Isanti, Sherburne, and Wright Counties must be represented in the 11 appointments made under
7278	7278	clauses (5), (6), and (8).
7279	7279	(b) Members of the advisory committee appointed by the governor serve at the pleasure of the
7280	7280	governor. Members of the advisory committee serve without compensation but may be reimbursed
7281	7281	for their reasonable expenses as determined by the Metropolitan Council.
7282	7282	(c) The council must consider the work and recommendations of the policy advisory committee
7283	7283	when the council is preparing its regional development framework.
7284	7284	Subd. 2a.Technical advisory committee.A Metropolitan Area Water Supply Technical
7285	7285	Advisory Committee is established to inform the policy advisory committee's work by providing
7286	7286	scientific and engineering expertise necessary to provide the region an adequate and sustainable
7287	7287	water supply. The technical advisory committee consists of 15 members appointed by the policy
7288	7288	advisory committee, with the majority of members representing single-city and multicity public
7289	7289	water supply systems in the metropolitan area and including experts in:
7290	7290	(1) water resources analysis and modeling;
7291	7291	(2) hydrology; and
7292	7292	(3) the engineering, planning, design, and construction of water systems or water systems
7293	7293	finance.
7294	7294	Members of the technical advisory committee serve at the pleasure of the policy advisory committee,
7295	7295	without compensation, but may be reimbursed for their reasonable expenses as determined by the
7296	7296	council.
7297	7297	Subd. 3.Reports to legislature.(a) The council must submit reports to the legislature regarding
7298	7298	its findings, recommendations, and continuing planning activities under subdivision 1. These reports
7299	7299	shall be included in the "Minnesota Water Plan" required in section 103B.151, and five-year interim
7300	7300	reports may be provided as necessary.
7301	7301	(b) By February 15, 2017, and at least every five years thereafter, the policy advisory committee
7302	7302	shall report to the council, the Legislative Water Commission, and the chairs and ranking minority
7303	7303	members of the house of representatives and senate committees and divisions with jurisdiction over
7304	7304	environment and natural resources with the information required under this section. The policy
7305	7305	advisory committee's report and recommendations must include information provided by the
7306	7306	technical advisory committee.
7307	7307	473.165 COUNCIL REVIEW; INDEPENDENT COMMISSION, BOARD, AGENCY.
7308	7308	(1) The Metropolitan Council shall review all long-term comprehensive plans of each independent
7309	7309	commission, board, or agency prepared for its operation and development within the metropolitan
7310	7310	area but only if such plan is determined by the council to have an areawide effect, a multicommunity
7311	7311	effect, or to have a substantial effect on metropolitan development. Each plan shall be submitted
7312	7312	to the council before any action is taken to place the plan or any part thereof, into effect.
7313	7313	(2) No action shall be taken to place any plan or any part thereof, into effect until 60 days have
7314	7314	lapsed after the date of its submission to the council, or until the council finds and notifies the
7315	7315	submitting commission, board, or agency that the plan is consistent with its comprehensive guide
7316	7316	for the metropolitan area and the orderly and economic development of the metropolitan area,
7317	7317	9R
7318	7318	APPENDIX
7319	7319	Repealed Minnesota Statutes: 25-01046 whichever first occurs. If, within 60 days after the date of submission, the council finds that a plan,
7320	7320	or any part thereof, is inconsistent with its comprehensive guide for the metropolitan area or
7321	7321	detrimental to the orderly and economic development of the metropolitan area, or any part thereof,
7322	7322	it may direct that the operation of the plan, or such part thereof, be indefinitely suspended; provided
7323	7323	that the council shall not direct the suspension of any plan or part thereof of any sanitary sewer
7324	7324	district operating within the metropolitan area which pertains to the location and construction of a
7325	7325	regional sewer plant or plants or the expansion or improvement of the present Minneapolis-St. Paul
7326	7326	sanitary district treatment plant. An affected commission, board, or agency may appeal the decision
7327	7327	of the Metropolitan Council suspending a plan, or part thereof, to the entire membership of the
7328	7328	Metropolitan Council for public hearing. If the Metropolitan Council and the affected commission,
7329	7329	board, or agency are unable to agree as to an adjustment of the plan, so that it may receive the
7330	7330	council's approval, then a record of the disagreeing positions of the Metropolitan Council and the
7331	7331	affected commission, board, or agency shall be made and the Metropolitan Council shall prepare
7332	7332	a recommendation in connection therewith for consideration and disposition by the next regular
7333	7333	session of the legislature.
7334	7334	473.167 HIGHWAY PROJECTS.
7335	7335	Subd. 3.Tax.The council may levy a tax on all taxable property in the metropolitan area, as
7336	7336	defined in section 473.121, to provide funds for loans made pursuant to subdivisions 2 and 2a. This
7337	7337	tax for the right-of-way acquisition loan fund shall be certified by the council, levied, and collected
7338	7338	in the manner provided by section 473.13. The tax shall be in addition to that authorized by section
7339	7339	473.249 and any other law and shall not affect the amount or rate of taxes which may be levied by
7340	7340	the council or any metropolitan agency or local governmental unit. The amount of the levy shall
7341	7341	be as determined and certified by the council, provided that the tax levied by the Metropolitan
7342	7342	Council for the right-of-way acquisition loan fund shall not exceed $2,828,379 for taxes payable
7343	7343	in 2004 and $2,828,379 for taxes payable in 2005. The amount of the levy for taxes payable in 2006
7344	7344	and subsequent years shall not exceed the product of (1) the Metropolitan Council's property tax
7345	7345	levy limitation under this subdivision for the previous year, multiplied by (2) one plus a percentage
7346	7346	equal to the growth in the implicit price deflator as defined in section 275.70, subdivision 2.
7347	7347	Subd. 4.State review.The commissioner of revenue shall certify the council's levy limitation
7348	7348	under this section to the council by August 1 of the levy year. The council must certify its proposed
7349	7349	property tax levy to the commissioner of revenue by September 1 of the levy year. The commissioner
7350	7350	of revenue shall annually determine whether the property tax for the right-of-way acquisition loan
7351	7351	fund certified by the Metropolitan Council for levy following the adoption of its proposed budget
7352	7352	is within the levy limitation imposed by this section. The determination must be completed prior
7353	7353	to September 10 of each year. If current information regarding market valuation in any county is
7354	7354	not transmitted to the commissioner in a timely manner, the commissioner may estimate the current
7355	7355	market valuation within that county for purposes of making the calculation.
7356	7356	473.175 REVIEW OF COMPREHENSIVE PLANS.
7357	7357	Subdivision 1.For compatibility, conformity.The council shall review the comprehensive
7358	7358	plans of local governmental units, prepared and submitted pursuant to sections 473.851 to 473.871,
7359	7359	to determine their compatibility with each other and conformity with metropolitan system plans.
7360	7360	The council shall review and comment on the apparent consistency of the comprehensive plans
7361	7361	with adopted plans of the council. The council may require a local governmental unit to modify
7362	7362	any comprehensive plan or part thereof if, upon the adoption of findings and a resolution, the council
7363	7363	concludes that the plan is more likely than not to have a substantial impact on or contain a substantial
7364	7364	departure from metropolitan system plans. A local unit of government may challenge a council
7365	7365	action under this subdivision by following the procedures set forth in section 473.866.
7366	7366	Subd. 2.120-day limit.Within 120 days following receipt of a comprehensive plan of a local
7367	7367	governmental unit, unless a time extension is mutually agreed to, the council shall return to the
7368	7368	local governmental unit a statement containing its comments and, by resolution, its decision, if any,
7369	7369	to require modifications to assure conformance with the metropolitan system plans.
7370	7370	No action shall be taken by any local governmental unit to place any such comprehensive plan
7371	7371	or part thereof into effect until the council has returned the statement to the unit and until the local
7372	7372	governmental unit has incorporated any modifications in the plan required by a final decision, order,
7373	7373	or judgment made pursuant to section 473.866. If within 120 days, unless a time extension is
7374	7374	mutually agreed to, the council fails to complete its written statement the plans shall be deemed
7375	7375	approved and may be placed into effect. Any amendment to a plan subsequent to the council's
7376	7376	review shall be submitted to and acted upon by the council in the same manner as the original plan.
7377	7377	10R
7378	7378	APPENDIX
7379	7379	Repealed Minnesota Statutes: 25-01046 The written statement of the council shall be filed with the plan of the local government unit at all
7380	7380	places where the plan is required by law to be kept on file.
7381	7381	Subd. 3.Enforcement to get conforming plan.If a local governmental unit fails to adopt a
7382	7382	comprehensive plan in accordance with sections 473.851 to 473.871 or if the council after a public
7383	7383	hearing by resolution finds that a plan substantially departs from metropolitan system plans and
7384	7384	that the local governmental unit has not adopted a plan with modifications required pursuant to
7385	7385	section 473.866 within nine months following a final decision, order, or judgment made pursuant
7386	7386	to section 473.866, the council may commence civil proceedings to enforce the provisions of sections
7387	7387	473.851 to 473.871 by appropriate legal action in the district court where the local governmental
7388	7388	unit is located.
7389	7389	473.181 ADDITIONAL COUNCIL REVIEW.
7390	7390	Subd. 2.Parks.The council shall review local government park master plans pursuant to section
7391	7391	473.313.
7392	7392	Subd. 5.Airports.The council shall review Metropolitan Airports Commission capital projects
7393	7393	pursuant to section 473.621, subdivision 6. The plans of the Metropolitan Airports Commission
7394	7394	and the development of the metropolitan airports system by the commission shall, as provided in
7395	7395	sections 473.611, subdivision 5, and 473.655, be consistent with the development guide of the
7396	7396	council.
7397	7397	473.191 LOCAL PLANNING ASSISTANCE.
7398	7398	Subdivision 1.Comprehensive community planning.The Metropolitan Council may, at the
7399	7399	request of local governmental units, enter into contracts or make other arrangements with local
7400	7400	governmental units and others for the provision of services for and assistance with comprehensive
7401	7401	community planning. This may include:
7402	7402	(a) Assistance in the preparation, as a guide for long-range development, of general physical
7403	7403	plans with respect to the pattern and intensity of land use and the provision of public facilities
7404	7404	together with long-range fiscal plans for such development;
7405	7405	(b) Programming of capital improvements based on a determination of relative urgency, together
7406	7406	with definitive financing plans for the improvements to be constructed in the earlier years of the
7407	7407	program;
7408	7408	(c) Coordination of all related plans of the departments or subdivision of the government
7409	7409	concerned;
7410	7410	(d) Intergovernmental coordination of all related planned activities among the state and local
7411	7411	governmental agencies concerned; and
7412	7412	(e) Preparation of regulatory and administrative measures in support of the foregoing.
7413	7413	Subd. 2.Water resources.The Metropolitan Council may provide technical assistance to cities,
7414	7414	counties, and towns to expedite adoption and enforcement of local ordinances under sections
7415	7415	103F.121, 103F.201 to 103F.221, and 473.206 to 473.208.
7416	7416	473.206 LOCAL ORDINANCES.
7417	7417	Each county, city or town in the metropolitan area shall be provided with standards, criteria and
7418	7418	suggested model ordinances and may, after review and comment by the Metropolitan Council,
7419	7419	adopt ordinances which provide for the protection of the resources that are the subject of the
7420	7420	standards, criteria, and model ordinances.
7421	7421	473.208 COOPERATION.
7422	7422	In adopting and enforcing the ordinances for which standards and criteria are provided by section
7423	7423	473.206, counties, cities and towns shall consult and cooperate with affected soil and water
7424	7424	conservation districts, watershed districts, and lake conservation districts on matters of common
7425	7425	concern.
7426	7426	473.24 POPULATION ESTIMATES.
7427	7427	(a) The Metropolitan Council shall annually prepare an estimate of population for each county,
7428	7428	city, and town in the metropolitan area and an estimate of the number of households and average
7429	7429	household size for each city in the metropolitan area with a population of 2,500 or more, and an
7430	7430	estimate of population over age 65 for each county in the metropolitan area, and convey the estimates
7431	7431	to the governing body of each county, city, or town by June 1 each year. In the case of a city or
7432	7432	11R
7433	7433	APPENDIX
7434	7434	Repealed Minnesota Statutes: 25-01046 town that is located partly within and partly without the metropolitan area, the Metropolitan Council
7435	7435	shall estimate the proportion of the total population and the average size of households that reside
7436	7436	within the area. The Metropolitan Council may prepare an estimate of the population and of the
7437	7437	average household size for any other political subdivision located in the metropolitan area.
7438	7438	(b) A governing body may challenge an estimate made under this section by filing its specific
7439	7439	objections in writing with the Metropolitan Council by June 24. If the challenge does not result in
7440	7440	an acceptable estimate, the governing body may have a special census conducted by the United
7441	7441	States Bureau of the Census. The political subdivision must notify the Metropolitan Council on or
7442	7442	before July 1 of its intent to have the special census conducted. The political subdivision must bear
7443	7443	all costs of the special census. Results of the special census must be received by the Metropolitan
7444	7444	Council by the next April 15 to be used in that year's June 1 estimate under this section. The
7445	7445	Metropolitan Council shall certify the estimates of population and the average household size to
7446	7446	the state demographer and to the commissioner of revenue by July 15 each year, including any
7447	7447	estimates still under objection.
7448	7448	473.242 URBAN RESEARCH.
7449	7449	Where studies have not been otherwise authorized by law the Metropolitan Council may study
7450	7450	the feasibility of programs relating but not limited to water supply, refuse disposal, surface water
7451	7451	drainage, communication, transportation, and other subjects of concern to the peoples of the
7452	7452	metropolitan area, may institute demonstration projects in connection therewith, and may accept
7453	7453	gifts for such purposes as otherwise authorized in this section.
7454	7454	473.245 REPORTS.
7455	7455	On or before January 15 of each year, the Metropolitan Council shall report to the legislature.
7456	7456	The report shall include:
7457	7457	(1) a statement of the Metropolitan Council's receipts and expenditures by category since the
7458	7458	preceding report;
7459	7459	(2) a detailed budget for the year in which the report is filed and the following year including
7460	7460	an outline of its program for such period;
7461	7461	(3) an explanation of any policy plan and other comprehensive plan adopted in whole or in part
7462	7462	for the metropolitan area and the review comments of the affected metropolitan agency;
7463	7463	(4) summaries of any studies and the recommendations resulting therefrom made by the
7464	7464	Metropolitan Council, and a listing of all applications for federal money made by governmental
7465	7465	units within the metropolitan area submitted to the Metropolitan Council;
7466	7466	(5) a listing of plans of local governmental units and proposed matters of metropolitan
7467	7467	significance submitted to the Metropolitan Council;
7468	7468	(6) a detailed report on the progress of any project undertaken by the council pursuant to sections
7469	7469	473.194 to 473.201; and
7470	7470	(7) recommendations of the Metropolitan Council for metropolitan area legislation, including
7471	7471	the organization and functions of the Metropolitan Council and the metropolitan agencies.
7472	7472	473.246 COUNCIL'S SUBMISSIONS TO LEGISLATIVE COMMISSION.
7473	7473	The Metropolitan Council shall submit to the Legislative Commission on Metropolitan
7474	7474	Government information on the council's tax rates and dollar amounts levied for the current year,
7475	7475	proposed property tax rates and levies, operating and capital budgets, work program, capital
7476	7476	improvement program, and any other information requested by the commission, for review by the
7477	7477	legislative commission, as provided in section 3.8841.
7478	7478	473.249 TAX LEVY.
7479	7479	Subdivision 1.Indexed limit.(a) The Metropolitan Council may levy a tax on all taxable
7480	7480	property in the metropolitan area defined in section 473.121 to provide funds for the purposes of
7481	7481	sections 473.121 to 473.249 and for the purpose of carrying out other responsibilities of the council
7482	7482	as provided by law. This tax for general purposes shall be levied and collected in the manner
7483	7483	provided by section 473.13.
7484	7484	(b) The property tax levied by the Metropolitan Council for general purposes shall not exceed
7485	7485	$10,522,329 for taxes payable in 2004 and $10,522,329 for taxes payable in 2005.
7486	7486	12R
7487	7487	APPENDIX
7488	7488	Repealed Minnesota Statutes: 25-01046 (c) The property tax levy limitation for general purposes for taxes payable in 2006 and subsequent
7489	7489	years shall not exceed the product of: (1) the Metropolitan Council's property tax levy limitation
7490	7490	for general purposes for the previous year determined under this subdivision multiplied by (2) one
7491	7491	plus a percentage equal to the growth in the implicit price deflator as defined in section 275.70,
7492	7492	subdivision 2.
7493	7493	Subd. 2.Deadlines; estimates.The commissioner of revenue shall certify the council's levy
7494	7494	limitation under this section to the council by August 1 of the levy year. The council must certify
7495	7495	its proposed property tax levy to the commissioner of revenue by September 1 of the levy year.
7496	7496	The commissioner of revenue shall annually determine whether the ad valorem property tax certified
7497	7497	by the Metropolitan Council for levy following the adoption of its proposed budget is within the
7498	7498	levy limitation imposed by this section. The determination shall be completed prior to September
7499	7499	10 of each year. If current information regarding gross tax capacity in any county is not transmitted
7500	7500	to the commissioner in a timely manner, the commissioner may estimate the current gross tax
7501	7501	capacity within that county for purposes of making the calculation.
7502	7502	473.25 LIVABLE COMMUNITIES CRITERIA AND GUIDELINES.
7503	7503	(a) The council shall establish criteria for uses of the fund provided in section 473.251 that are
7504	7504	consistent with and promote the purposes of this article and the policies of the Metropolitan
7505	7505	Development Guide adopted by the council including, but not limited to:
7506	7506	(1) helping to change long-term market incentives that adversely impact creation and preservation
7507	7507	of living-wage jobs in the fully developed area;
7508	7508	(2) creating incentives for developing communities to include a full range of housing
7509	7509	opportunities;
7510	7510	(3) creating incentives to preserve and rehabilitate affordable housing in the fully developed
7511	7511	area; and
7512	7512	(4) creating incentives for all communities to implement compact and efficient development.
7513	7513	(b) The council shall establish guidelines for the livable community demonstration account for
7514	7514	projects that the council would consider funding with either grants or loans. The guidelines must
7515	7515	provide that the projects will:
7516	7516	(1) interrelate development or redevelopment and transit;
7517	7517	(2) interrelate affordable housing and employment growth areas;
7518	7518	(3) intensify land use that leads to more compact development or redevelopment;
7519	7519	(4) involve development or redevelopment that mixes incomes of residents in housing, including
7520	7520	introducing or reintroducing higher value housing in lower income areas to achieve a mix of housing
7521	7521	opportunities; or
7522	7522	(5) encourage public infrastructure investments which connect urban neighborhoods and suburban
7523	7523	communities, attract private sector redevelopment investment in commercial and residential properties
7524	7524	adjacent to the public improvement, and provide project area residents with expanded opportunities
7525	7525	for private sector employment.
7526	7526	(c) The council shall establish guidelines governing who may apply for a grant or loan from
7527	7527	the fund, providing priority for proposals using innovative partnerships between government, private
7528	7528	for-profit, and nonprofit sectors.
7529	7529	(d) The council shall prepare an annual plan for distribution of the fund based on the criteria
7530	7530	for project and applicant selection.
7531	7531	(e) The council shall prepare and submit to the legislature, as provided in section 3.195, an
7532	7532	annual report on the metropolitan livable communities fund. The report must include information
7533	7533	on the amount of money in the fund, the amount distributed, to whom the funds were distributed
7534	7534	and for what purposes, and an evaluation of the effectiveness of the projects funded in meeting the
7535	7535	policies and goals of the council. The report may make recommendations to the legislature on
7536	7536	changes to Laws 1995, chapter 255.
7537	7537	473.251 METROPOLITAN LIVABLE COMMUNITIES FUND.
7538	7538	The metropolitan livable communities fund is created and consists of the following accounts:
7539	7539	(1) the tax base revitalization account;
7540	7540	13R
7541	7541	APPENDIX
7542	7542	Repealed Minnesota Statutes: 25-01046 (2) the livable communities demonstration account;
7543	7543	(3) the local housing incentives account; and
7544	7544	(4) the inclusionary housing account.
7545	7545	473.253 LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT.
7546	7546	Subdivision 1.Sources of funds.The council shall credit to the livable communities
7547	7547	demonstration account the revenues provided in this subdivision. This tax shall be levied and
7548	7548	collected in the manner provided by section 473.13. The levy shall not exceed the following amount
7549	7549	for the years specified:
7550	7550	(1) for taxes payable in 2004 and 2005, $8,259,070; and
7551	7551	(2) for taxes payable in 2006 and subsequent years, the product of (i) the property tax levy limit
7552	7552	under this subdivision for the previous year multiplied by (ii) one plus a percentage equal to the
7553	7553	growth in the implicit price deflator as defined in section 275.70, subdivision 2.
7554	7554	Subd. 2.Distribution of funds.The council shall use the funds in the livable communities
7555	7555	demonstration account to make grants or loans to municipalities participating in the local housing
7556	7556	incentives program under section 473.254 or to metropolitan area counties or development authorities
7557	7557	to fund the initiatives specified in section 473.25, paragraph (b), in participating municipalities. A
7558	7558	grant to a metropolitan county or a development authority must be used for a project in a participating
7559	7559	municipality. For the purpose of this section, "development authority" means a statutory or home
7560	7560	rule charter city, housing and redevelopment authority, economic development authority, or port
7561	7561	authority.
7562	7562	473.254 LOCAL HOUSING INCENTIVES ACCOUNT.
7563	7563	Subdivision 1.Participation.(a) A municipality may elect to participate in the local housing
7564	7564	incentive account program. If the election to participate occurs by November 15 of any year, it is
7565	7565	effective commencing the next calendar year; otherwise it is effective commencing the next
7566	7566	succeeding calendar year. An election to participate in the program is effective until revoked
7567	7567	according to paragraph (b). A municipality is subject to this section only in those calendar years
7568	7568	for which its election to participate in the program is effective. For purposes of this section,
7569	7569	municipality means a municipality electing to participate in the local housing incentive account
7570	7570	program for the calendar year in question, unless the context indicates otherwise.
7571	7571	(b) A municipality may revoke its election to participate in the local housing incentive account
7572	7572	program. If the revocation occurs by November 15 of any year, it is effective commencing the next
7573	7573	calendar year; otherwise it is effective commencing the next succeeding calendar year. After revoking
7574	7574	its election to participate in the program, a municipality may again elect to participate in the program
7575	7575	according to paragraph (a).
7576	7576	(c) A municipality that elects to participate may receive grants or loans from the tax base
7577	7577	revitalization account, livable communities demonstration account, or the local housing incentive
7578	7578	account. A municipality that does not participate is not eligible to receive a grant under sections
7579	7579	116J.551 to 116J.557. The council, when making discretionary funding decisions, shall give
7580	7580	consideration to a municipality's participation in the local housing incentives program.
7581	7581	Subd. 2.Affordable, life-cycle goals.The council shall negotiate with each municipality to
7582	7582	establish affordable and life-cycle housing goals for that municipality that are consistent with and
7583	7583	promote the policies of the Metropolitan Council as provided in the adopted Metropolitan
7584	7584	Development Guide. The council shall adopt, by resolution after a public hearing, the negotiated
7585	7585	affordable and life-cycle housing goals for each municipality by January 15, 1996, and by January
7586	7586	15 in each succeeding year for each municipality newly electing to participate in the program or
7587	7587	for each municipality with which new housing goals have been negotiated. By June 30, 1996, and
7588	7588	by June 30 in each succeeding year for each municipality newly electing to participate in the program
7589	7589	or for each municipality with which new housing goals have been negotiated, each municipality
7590	7590	shall identify to the council the actions it plans to take to meet the established housing goals.
7591	7591	Subd. 3a.Affordable, life-cycle housing opportunities amount.(a) Each municipality's
7592	7592	"affordable and life-cycle housing opportunities amount" for that year must be determined annually
7593	7593	by the council using the method in this subdivision. The affordable and life-cycle housing
7594	7594	opportunities amount must be determined for each calendar year for all municipalities in the
7595	7595	metropolitan area.
7596	7596	14R
7597	7597	APPENDIX
7598	7598	Repealed Minnesota Statutes: 25-01046 (b) The council must allocate to each municipality its portion of the $1,000,000 of the revenue
7599	7599	generated by the levy authorized in section 473.249 which is credited to the local housing incentives
7600	7600	account pursuant to subdivision 5, paragraph (b). The allocation must be made by determining the
7601	7601	amount levied for and payable in each municipality in the previous calendar year pursuant to the
7602	7602	council levy in section 473.249 divided by the total amount levied for and payable in the metropolitan
7603	7603	area in the previous calendar year pursuant to such levy and multiplying that result by $1,000,000.
7604	7604	(c) The council must also determine the amount levied for and payable in each municipality in
7605	7605	the previous calendar year pursuant to the council levy in section 473.253, subdivision 1.
7606	7606	(d) A municipality's affordable and life-cycle housing opportunities amount for the calendar
7607	7607	year is the sum of the amounts determined under paragraphs (b) and (c).
7608	7608	(e) By August 1 of each year, the council must notify each municipality of its affordable and
7609	7609	life-cycle housing opportunities amount for the following calendar year determined by the method
7610	7610	in this subdivision.
7611	7611	Subd. 4.Affordable and life-cycle housing requirement.(a) A municipality that does not
7612	7612	spend 85 percent of its affordable and life-cycle housing opportunities amount to create affordable
7613	7613	and life-cycle housing opportunities in the previous calendar year must do one of the following
7614	7614	with the affordable and life-cycle housing opportunities amount for the previous year as determined
7615	7615	under subdivision 3a:
7616	7616	(1) distribute it to the local housing incentives account; or
7617	7617	(2) distribute it to the housing and redevelopment authority of the city or county in which the
7618	7618	municipality is located to create affordable and life-cycle housing opportunities in the municipality.
7619	7619	(b) A municipality may enter into agreements with adjacent municipalities to cooperatively
7620	7620	provide affordable and life-cycle housing. The housing may be provided in any of the cooperating
7621	7621	municipalities, but must meet the combined housing goals of each participating municipality.
7622	7622	Subd. 5.Sources of funds.(a) The council shall credit to the local housing incentives account
7623	7623	any revenues derived from municipalities under subdivision 4, paragraph (a), clause (1).
7624	7624	(b) The council shall annually credit $1,000,000 of the revenues generated by the levy authorized
7625	7625	in section 473.249 to the local housing incentives account.
7626	7626	(c) The council shall annually transfer $500,000 from the livable communities demonstration
7627	7627	account to the local housing incentives account.
7628	7628	Subd. 6.Distribution of funds.The funds in the account must be distributed annually by the
7629	7629	council to municipalities that:
7630	7630	(1) have not met their affordable and life-cycle housing goals as determined by the council; and
7631	7631	(2) are actively funding projects designed to help meet the goals.
7632	7632	Funds may also be distributed to a development authority for a project in an eligible municipality.
7633	7633	The funds distributed by the council must be matched on a dollar-for-dollar basis by the municipality
7634	7634	or development authority receiving the funds. When distributing funds in the account, the council
7635	7635	must give priority to projects that (1) are in municipalities that have contribution net tax capacities
7636	7636	that exceed their distribution net tax capacities by more than $200 per household, (2) demonstrate
7637	7637	the proposed project will link employment opportunities with affordable and life-cycle housing,
7638	7638	and (3) provide matching funds from a source other than the required affordable and life-cycle
7639	7639	housing opportunities amount under subdivision 3 or 3a, as applicable. For the purposes of this
7640	7640	subdivision, "municipality" means a statutory or home rule charter city or town in the metropolitan
7641	7641	area and "development authority" means a housing and redevelopment authority, economic
7642	7642	development authority, or port authority.
7643	7643	Subd. 7.Report to council.By July 1, 2004, and by July 1 in each succeeding year, each
7644	7644	municipality must certify to the council whether or not it has spent 85 percent of its affordable and
7645	7645	life-cycle housing opportunities amount, as determined under subdivision 3a, in the previous calendar
7646	7646	year to create affordable and life-cycle housing opportunities. The council may verify each
7647	7647	municipality's certification.
7648	7648	Subd. 8.Later election to participate.If a municipality did not participate for one or more
7649	7649	years and elects later to participate, the municipality must, with respect to its affordable and life-cycle
7650	7650	housing opportunities amount for the calendar year preceding the participating calendar year:
7651	7651	15R
7652	7652	APPENDIX
7653	7653	Repealed Minnesota Statutes: 25-01046 (1) establish that it spent such amount on affordable and life-cycle housing during that preceding
7654	7654	calendar year; or
7655	7655	(2) agree to spend such amount from the preceding calendar year on affordable and life-cycle
7656	7656	housing in the participating calendar year, in addition to its affordable and life-cycle housing
7657	7657	opportunities amount for the participating calendar year; or
7658	7658	(3) distribute such amount to the local housing incentives account.
7659	7659	The council will determine which investments count toward the required affordable and life-cycle
7660	7660	housing opportunities amount by comparing the municipality to participating municipalities similar
7661	7661	in terms of stage of development and demographics. If it determines it to be in the best interests of
7662	7662	the region, the council may waive a reasonable portion of the amount.
7663	7663	Subd. 9.Report to legislature.By February 1 of each year, the council must report to the
7664	7664	legislature the municipalities that have elected to participate and not to participate under subdivision
7665	7665	1. This report must be filed as provided in section 3.195.
7666	7666	Subd. 10.Metro report card.The Metropolitan Council shall present to the legislature and
7667	7667	release to the public by November 15, 1996, and each year thereafter a comprehensive report card
7668	7668	on affordable and life-cycle housing in each municipality in the metropolitan area. The report card
7669	7669	must include information on government, nonprofit, and marketplace efforts.
7670	7670	473.255 INCLUSIONARY HOUSING ACCOUNT.
7671	7671	Subdivision 1.Definitions.(a) "Inclusionary housing development" means a new construction
7672	7672	development, including owner-occupied or rental housing, or a combination of both, with a variety
7673	7673	of prices and designs which serve families with a range of incomes and housing needs.
7674	7674	(b) "Municipality" means a statutory or home rule charter city or town participating in the local
7675	7675	housing incentives program under section 473.254.
7676	7676	(c) "Development authority" means a housing and redevelopment authority, economic
7677	7677	development authority, or port authority.
7678	7678	Subd. 2.Application criteria.The Metropolitan Council must give preference to economically
7679	7679	viable proposals to the degree that they: (1) use innovative building techniques or materials to lower
7680	7680	construction costs while maintaining high quality construction and livability; (2) are located in
7681	7681	communities that have demonstrated a willingness to waive local restrictions which otherwise would
7682	7682	increase costs of construction; and (3) include units affordable to households with incomes at or
7683	7683	below 80 percent of area median income.
7684	7684	Priority shall be given to proposals where at least 15 percent of the owner-occupied units are
7685	7685	affordable to households at or below 60 percent of the area annual median income and at least ten
7686	7686	percent of the rental units are affordable to households at or below 30 percent of area annual median
7687	7687	income.
7688	7688	An inclusionary housing development may include resale limitations on its affordable units.
7689	7689	The limitations may include a minimum ownership period before a purchaser may profit on the
7690	7690	sale of an affordable unit.
7691	7691	Cost savings from regulatory incentives must be reflected in the sale of all residences in an
7692	7692	inclusionary development.
7693	7693	Subd. 3.Inclusionary housing incentives.The Metropolitan Council may work with
7694	7694	municipalities and developers to provide incentives to inclusionary housing developments such as
7695	7695	waiver of service availability charges and other regulatory incentives that would result in identifiable
7696	7696	cost avoidance or reductions for an inclusionary housing development.
7697	7697	Subd. 4.Inclusionary housing grants.The council shall use funds in the inclusionary housing
7698	7698	account to make grants or loans to municipalities or development authorities to fund the production
7699	7699	of inclusionary housing developments that are located in municipalities that offer incentives to
7700	7700	assist in the production of inclusionary housing. Such incentives include but are not limited to:
7701	7701	density bonuses, reduced setbacks and parking requirements, decreased road widths, flexibility in
7702	7702	site development standards and zoning code requirements, waiver of permit or impact fees, fast-track
7703	7703	permitting and approvals, or any other regulatory incentives that would result in identifiable cost
7704	7704	avoidance or reductions that contribute to the economic feasibility of inclusionary housing.
7705	7705	Subd. 5.Grant application.A grant application must at a minimum include the location of the
7706	7706	inclusionary development, the type of housing to be produced, the number of affordable units to
7707	7707	16R
7708	7708	APPENDIX
7709	7709	Repealed Minnesota Statutes: 25-01046 be produced, the monthly rent, or purchase price of the affordable units, and the incentives provided
7710	7710	by the municipality to achieve development of the affordable units.
7711	7711	473.388 REPLACEMENT SERVICE PROGRAM.
7712	7712	Subdivision 1.Program established.A replacement service program is established to continue
7713	7713	the metropolitan transit service demonstration program established in Minnesota Statutes 1982,
7714	7714	section 174.265, as provided in this section.
7715	7715	Subd. 2.Replacement service; eligibility.The council may provide assistance under the
7716	7716	program to a statutory or home rule charter city or town or combination thereof, that:
7717	7717	(a) is located in the metropolitan transit taxing district;
7718	7718	(b) is not served by the council bus service or is served only with council bus routes which
7719	7719	begin or end within the applying city or town or combination thereof; and
7720	7720	(c) has fewer than four scheduled runs of council bus service during off-peak hours as defined
7721	7721	by the Metropolitan Council.
7722	7722	Eligible cities or towns or combinations thereof may apply on behalf of a transit operator with
7723	7723	whom they propose to contract for service.
7724	7724	The council may not provide assistance under this section to a statutory or home rule charter
7725	7725	city or town unless the city or town,
7726	7726	(i) was receiving assistance under Minnesota Statutes 1982, section 174.265, by July 1, 1984,
7727	7727	(ii) had submitted an application for assistance under that section by July 1, 1984, or
7728	7728	(iii) had submitted a letter of intent to apply for assistance under that section by July 1, 1984,
7729	7729	and submits an application for assistance under this section by July 1, 1988. A statutory or home
7730	7730	rule charter city or town has an additional 12-month extension if it notified the former regional
7731	7731	transit board before July 1, 1988, that the city or town is in the process of completing a transportation
7732	7732	evaluation study that includes an assessment of the local transit needs of the city or town.
7733	7733	Subd. 3.Application for assistance.An application for assistance under this section must:
7734	7734	(a) describe the existing service provided to the applicant by the council, including the estimated
7735	7735	number of passengers carried and the routes, schedules, and fares;
7736	7736	(b) describe the transit service proposed for funding under the demonstration program, including
7737	7737	the anticipated number of passengers and the routes, schedules, and fares; and
7738	7738	(c) indicate the total amount of available local transit funds, the portion of the available local
7739	7739	transit funds proposed to be used to subsidize replacement services, and the amount of assistance
7740	7740	requested for the replacement services.
7741	7741	Subd. 4.Financial assistance; base allocation.(a) The council must grant financial assistance
7742	7742	if (1) the service of the statutory or home rule charter city, town, or combination, replaces the
7743	7743	council's service to the statutory or home rule charter city, town, or combination, and (2) the service
7744	7744	meets the needs of the recipient at least as efficiently and effectively as the council's service.
7745	7745	(b) The amount of assistance which the council must provide to a system under this section
7746	7746	must not be less than the sum of (1) the amounts calculated under paragraph (c), and (2) the amount
7747	7747	calculated under subdivision 4a.
7748	7748	(c) The financial assistance base allocation for each replacement service municipality is calculated
7749	7749	as:
7750	7750	(1) an amount equal to 3.74 percent of the total state revenues generated from the taxes imposed
7751	7751	under chapter 297B for the current fiscal year; times
7752	7752	(2) the ratio of:
7753	7753	(i) the transit operating assistance grants received under this subdivision by the municipality in
7754	7754	calendar year 2001 or the tax revenues for transit services levied by the municipality for taxes
7755	7755	payable in 2001, including that portion of the levy derived from the areawide pool under section
7756	7756	473F.08, subdivision 3, clause (a), plus the portion of the municipality's aid under Minnesota Statutes
7757	7757	2002, section 273.1398, subdivision 2, attributable to the transit levy; to
7758	7758	17R
7759	7759	APPENDIX
7760	7760	Repealed Minnesota Statutes: 25-01046 (ii) the total transit operating assistance grants received under this subdivision in calendar year
7761	7761	2001 or the tax revenues for transit services levied by all replacement service municipalities under
7762	7762	this section for taxes payable in 2001, including that portion of the levy derived from the areawide
7763	7763	pool under section 473F.08, subdivision 3, clause (a), plus the portion of homestead and agricultural
7764	7764	credit aid under Minnesota Statutes 2002, section 273.1398, subdivision 2, attributable to nondebt
7765	7765	transit levies; times
7766	7766	(3) the ratio of:
7767	7767	(i) the municipality's total taxable market value for taxes payable in 2006 divided by the
7768	7768	municipality's total taxable market value for taxes payable in 2001; to
7769	7769	(ii) the total taxable market value of all property located in replacement service municipalities
7770	7770	for taxes payable in 2006 divided by the total taxable market value of all property located in
7771	7771	replacement service municipalities for taxes payable in 2001.
7772	7772	(d) The council must pay the amount to be provided to the recipient under this subdivision from
7773	7773	the funds the council receives in the metropolitan area transit account under section 16A.88.
7774	7774	Subd. 4a.Financial assistance; regional allocation.(a) In addition to the assistance under
7775	7775	subdivision 4, paragraph (c), for fiscal years 2019, 2020, and 2021, the council must annually
7776	7776	provide financial assistance through regional allocation to replacement service municipalities. The
7777	7777	amount of financial assistance under this paragraph must equal at least 0.35 percent of the total
7778	7778	state revenues generated from the taxes imposed under chapter 297B for the current fiscal year.
7779	7779	(b) The council must establish a process to regionally allocate financial assistance under this
7780	7780	subdivision. At a minimum, the council must:
7781	7781	(1) adopt and implement a regional allocation policy that specifies funding priorities, identifies
7782	7782	decision-making procedures, and establishes criteria to determine the amount allocated to a
7783	7783	replacement service municipality; and
7784	7784	(2) ensure transparency and stakeholder input, which must include publishing on the council's
7785	7785	website the policy adopted under clause (1), a summary of the regional allocation process, and
7786	7786	financial information on the allocations.
7787	7787	(c) The regional allocation policy may specify eligibility requirements based on a replacement
7788	7788	service municipality's transit service operating reserves.
7789	7789	(d) The council must provide financial assistance under this subdivision using funds appropriated
7790	7790	to the council from the metropolitan area transit account in the transit assistance fund.
7791	7791	Subd. 5.Other assistance.A city or town receiving assistance or levying a transit tax under
7792	7792	this section may also receive assistance from the council under section 473.384. In applying for
7793	7793	assistance under that section an applicant must describe the portion of its available local transit
7794	7794	funds or local transit taxes which are not obligated to subsidize its replacement transit service and
7795	7795	which the applicant proposes to use to subsidize additional service. An applicant which has exhausted
7796	7796	its available local transit funds or local transit taxes may use any other local subsidy funds to
7797	7797	complete the required local share.
7798	7798	Subd. 7.Local levy option.(a) A statutory or home rule charter city or town that is eligible for
7799	7799	assistance under this section may levy a tax for payment of obligations issued by the municipality
7800	7800	for capital expenditures for transit and other related activities, provided that property taxes were
7801	7801	pledged to satisfy the obligations, and provided that legislative appropriations are insufficient to
7802	7802	satisfy the obligations.
7803	7803	(b) This subdivision is consistent with the transit redesign plan. Eligible municipalities opting
7804	7804	to operate under this subdivision shall continue to meet the regional performance standards
7805	7805	established by the council.
7806	7806	(c) Within the designated Americans with Disabilities Act area, Metro Mobility remains the
7807	7807	obligation of the state.
7808	7808	473.39 BORROWING MONEY.
7809	7809	Subd. 4.Transit capital improvement program.The council may not issue obligations pursuant
7810	7810	to this section until the council adopts a three-year transit capital improvement program. The program
7811	7811	must include a capital investment component that sets forth a capital investment strategy and
7812	7812	estimates the fiscal and other effects of the strategy. The component must specify, to the extent
7813	7813	practicable, the capital improvements to be undertaken. For each improvement specified, the program
7814	7814	18R
7815	7815	APPENDIX
7816	7816	Repealed Minnesota Statutes: 25-01046 must describe: (1) need, function, objective, and relative priority; (2) alternatives, including
7817	7817	alternatives not involving capital expenditures; (3) ownership and operating entity; (4) location and
7818	7818	schedule of development; (5) environmental, social, and economic effects; (6) cost; (7) manner of
7819	7819	finance and revenue sources, including federal and state funds, private funds, taxes, and user charges;
7820	7820	and (8) fiscal effects, including an estimate of annual operating costs and sources of revenue to pay
7821	7821	the costs.
7822	7822	473.3993 LIGHT RAIL TRANSIT FACILITY PLANS; DEFINITIONS.
7823	7823	Subd. 4.Responsible authority."Responsible authority" means either the Metropolitan Council
7824	7824	or the state of Minnesota acting through the commissioner of transportation, as designated by the
7825	7825	governor under section 473.3994, subdivision 1a, for a particular light rail transit facility.
7826	7826	473.3999 LIGHT RAIL TRANSIT CONSTRUCTION; COUNCIL AUTHORITY; STAFF
7827	7827	ASSISTANCE; PROJECT MANAGER QUALIFICATIONS.
7828	7828	Subdivision 1.Powers.The council may exercise the powers granted in this chapter and in
7829	7829	other applicable law, as necessary, to plan, design, acquire, construct, and equip light rail transit
7830	7830	facilities in the metropolitan area as defined in section 473.121, subdivision 2.
7831	7831	Subd. 2.Staff and project assistance required; Department of Transportation.(a)
7832	7832	Notwithstanding any cooperative agreement between the commissioner of transportation and the
7833	7833	council in section 473.3994, subdivision 1a, if the council is the responsible authority, the
7834	7834	commissioner of transportation must provide staff and project assistance to the council for review
7835	7835	and oversight of the project's development. The council must utilize the Department of Transportation
7836	7836	staff and project assistance for:
7837	7837	(1) the appropriate delivery method selection for the design, planning, acquisition, construction,
7838	7838	and equipping of light rail transit projects;
7839	7839	(2) risk assessment analysis and cost analysis in the planning, designing, and construction of a
7840	7840	light rail transit facility or a new light rail transit project, including but not limited to:
7841	7841	(i) a critical path schedule for the planning and design phases of a project developed jointly by
7842	7842	the council and the commissioner of transportation;
7843	7843	(ii) peer reviews or value engineering reviews at various milestones established in the critical
7844	7844	path schedule created under item (i); and
7845	7845	(iii) council participation in cost estimate reviews by third-party independent cost estimators
7846	7846	in conformance with Federal Transit Administration regulations and guidance;
7847	7847	(3) contractor and subcontractor schedule analysis and contractual requirements, including but
7848	7848	not limited to:
7849	7849	(i) development and review of requests for proposals and bid documents prior to advertisement
7850	7850	and solicitation;
7851	7851	(ii) review of bids submitted prior to the award of bids;
7852	7852	(iii) review of draft contractual language prior to the execution of project contracts;
7853	7853	(iv) review of change orders for major cost items exceeding $500,000 and schedule delays of
7854	7854	more than 30 calendar days prior to the execution of a change order; and
7855	7855	(v) participation in any dispute resolution process that may arise to address competing claims
7856	7856	or disputes between a contractor and the council;
7857	7857	(4) light rail transit project cost management and budget analysis for the planning, designing,
7858	7858	and construction of a light rail transit facility or new light rail transit project, including but not
7859	7859	limited to:
7860	7860	(i) recommendations to address or manage cost overruns or discrepancies, funding sources,
7861	7861	contingency funding sources and availability, and the management of state or county financial
7862	7862	resources;
7863	7863	(ii) recommendations on appropriate contractual enforcement mechanisms and penalties for
7864	7864	any council agreement with a contractor for a light rail transit project; and
7865	7865	(iii) the development of future cost estimates and communication of projected cost increases
7866	7866	for a light rail transit project; and
7867	7867	19R
7868	7868	APPENDIX
7869	7869	Repealed Minnesota Statutes: 25-01046 (5) any other areas of expertise that the Department of Transportation may offer.
7870	7870	(b) The council must provide the commissioner of transportation all relevant information required
7871	7871	by this section.
7872	7872	(c) Staff from the Department of Transportation providing project assistance to the council must
7873	7873	report to the commissioner of transportation. Staff assistance from the Department of Transportation
7874	7874	must include at least one licensed professional engineer.
7875	7875	(d) If the commissioner of transportation provides the council with staff and project assistance
7876	7876	for the development of a light rail transit project as provided under this section, the commissioner
7877	7877	must submit and detail all recommendations made to the council to the chairs and ranking minority
7878	7878	members of the legislative committees with jurisdiction over transportation policy and finance
7879	7879	within 30 days of submitting its recommendations to the council.
7880	7880	(e) The council must give strong consideration to utilizing input or recommendations developed
7881	7881	by the commissioner of transportation. If the council decides against utilizing input or
7882	7882	recommendations from the department, the council must reconcile significant deviations to the
7883	7883	extent practicable and that portion of the project cannot move forward from the critical path schedule's
7884	7884	milestone until the recommendation is reconciled. If the council has sufficient reasoning to justify
7885	7885	not utilizing input or recommendations from the department, the council must, within 30 business
7886	7886	days, provide written notice and documentation of the decision to the department and the chairs
7887	7887	and ranking minority members of the legislative committees with jurisdiction over transportation
7888	7888	policy and finance. The notice and documentation must provide the reasons why the council is not
7889	7889	utilizing the input or recommendations provided by the department.
7890	7890	Subd. 3.Project costs.The project budget is responsible for costs incurred by the commissioner
7891	7891	of transportation for duties required in this section. The council must only use direct appropriations
7892	7892	in law or federal sources to pay its portion of light rail transit capital construction costs.
7893	7893	Subd. 4.Project manager; qualifications.If the Metropolitan Council is the responsible
7894	7894	authority, the council must select a qualified project manager and lead project engineer with at least
7895	7895	ten years' transportation industry experience to lead the planning, design, acquisition, construction,
7896	7896	or equipping of a new light rail transit project.
7897	7897	473.411 TRANSIT AND HIGHWAY SYSTEMS.
7898	7898	Subd. 3.Services of Department of Transportation.The council may make use of engineering
7899	7899	and other technical and professional services, including regular staff and qualified consultants,
7900	7900	which the commissioner of transportation can furnish, upon fair and reasonable reimbursement for
7901	7901	the cost thereof; provided, that the council has final authority over the employment of any services
7902	7902	from other sources which it may deem necessary for such purposes. The commissioner of
7903	7903	transportation may furnish all engineering, legal, and other services, if so requested by the council
7904	7904	and upon fair and reasonable reimbursement for the cost thereof by the council, for the purposes
7905	7905	stated in this subdivision, including the acquisition by purchase, condemnation, or otherwise in the
7906	7906	name of the council of all lands, waters, easements, or other rights or interests in lands or waters
7907	7907	required by the council. No purchase of service agreements may be made under this subdivision
7908	7908	which are not included in the budget of the council.
7909	7909	Subd. 4.State highways; joint use for transit and highway purposes.Wherever the joint
7910	7910	construction or use of a state highway is feasible in fulfilling the purposes of sections 473.405 to
7911	7911	473.449, the council shall enter into an agreement with the commissioner of transportation therefor,
7912	7912	evidenced by a memorandum setting forth the terms of the agreement. Either the council or the
7913	7913	commissioner of transportation may acquire any additional lands, waters, easements or other rights
7914	7914	or interests required for joint use in accordance with the agreement, or joint acquisition may be
7915	7915	made by condemnation as provided by section 117.016 and the provisions of sections 473.405 to
7916	7916	473.449. Under the agreement each party shall pay to the other party reasonable compensation for
7917	7917	the costs of any services performed at the request of the other party which may include any costs
7918	7918	of engineering, design, acquisition of property, construction of the facilities, and for the use thereof
7919	7919	so far as attributable to and necessary for the purposes. The council may not agree to acquisitions
7920	7920	or expenditures under this subdivision which are not included in its budget.
7921	7921	473.4461 ADDITIONS TO TRANSIT TAXING DISTRICT.
7922	7922	Notwithstanding any provision of section 473.446 or any other law, the Metropolitan Council
7923	7923	may not levy a tax under section 473.446, subdivision 1, in any city or town not included in the
7924	7924	transit taxing district as it existed on January 1, 2001, unless the council and the governing body
7925	7925	of that city or town have agreed on a service expansion plan.
7926	7926	20R
7927	7927	APPENDIX
7928	7928	Repealed Minnesota Statutes: 25-01046 473.501 DEFINITIONS.
7929	7929	Subdivision 1.Terms.The terms defined in this section shall have the meanings given them
7930	7930	for the purposes of sections 473.501 to 473.549 unless otherwise provided or indicated by the
7931	7931	context.
7932	7932	Subd. 3.Local government unit or government unit."Local government unit" or "government
7933	7933	unit" means any municipal or public corporation or governmental subdivision or agency located in
7934	7934	whole or in part in the metropolitan area, authorized by law to provide for the collection and disposal
7935	7935	of sewage.
7936	7936	473.504 WASTEWATER SERVICES, POWERS.
7937	7937	Subd. 4.Rules, penalties.The council shall have the power to adopt rules relating to the
7938	7938	operation of any interceptors or treatment works operated by it, and may provide penalties for the
7939	7939	violation thereof not exceeding the maximum which may be specified for a misdemeanor. Any rule
7940	7940	prescribing a penalty for violation shall be published at least once in a newspaper having general
7941	7941	circulation in the metropolitan area.
7942	7942	Subd. 5.Gifts, grants, loans.The council may accept gifts, may apply for and accept grants
7943	7943	or loans of money or other property from the United States, the state, or any person for any of its
7944	7944	purposes whether for construction, research, or pilot project implementation, may enter into any
7945	7945	agreement required in connection therewith, and may hold, use, and dispose of such money or
7946	7946	property in accordance with the terms of the gift, grant, loan, or agreement relating thereto.
7947	7947	Subd. 6.Joint or cooperative action.The council may act under the provisions of section
7948	7948	471.59, or any other appropriate law providing for joint or cooperative action between government
7949	7949	units.
7950	7950	Subd. 9.May get property.The council may acquire by purchase, lease, condemnation, gift,
7951	7951	or grant, any real or personal property including positive and negative easements and water and air
7952	7952	rights, and it may construct, enlarge, improve, replace, repair, maintain, and operate any interceptor
7953	7953	or treatment works determined to be necessary or convenient for the collection and disposal of
7954	7954	sewage in the metropolitan area. Any local government unit and the commissioners of transportation
7955	7955	and natural resources are authorized to convey to or permit the use of any such facilities owned or
7956	7956	controlled by it by the council, subject to the rights of the holders of any bonds issued with respect
7957	7957	thereto, with or without compensation, without an election or approval by any other government
7958	7958	agency. All powers conferred by this subdivision may be exercised both within or without the
7959	7959	metropolitan area as may be necessary for the exercise by the council of its powers or the
7960	7960	accomplishment of its purposes. The council may hold such property for its purposes, and may
7961	7961	lease any such property so far as not needed for its purposes, upon such terms and in such manner
7962	7962	as it shall deem advisable. Unless otherwise provided, the right to acquire lands and property rights
7963	7963	by condemnation shall be exercised in accordance with chapter 117, and shall apply to any property
7964	7964	or interest therein owned by any local government unit; provided, that no such property devoted to
7965	7965	an actual public use at the time, or held to be devoted to such use within a reasonable time, shall
7966	7966	be so acquired unless a court of competent jurisdiction shall determine that the use proposed by the
7967	7967	board is paramount to such use. Except in case of property in actual public use, the council may
7968	7968	take possession of any property for which condemnation proceedings have been commenced at any
7969	7969	time after the issuance of a court order appointing commissioners for its condemnation.
7970	7970	Subd. 10.Nonfranchise required.The council may construct or maintain its systems or facilities
7971	7971	in, along, on, under, over, or through public streets, bridges, viaducts, and other public rights-of-way
7972	7972	without first obtaining a franchise from any local government unit having jurisdiction over them;
7973	7973	but such facilities shall be constructed and maintained in accordance with the ordinances and
7974	7974	resolutions of any such government unit relating to construction, installation, and maintenance of
7975	7975	similar facilities in such public properties and shall not obstruct the public use of such rights-of-way.
7976	7976	Subd. 11.Surplus property.The council may sell or otherwise dispose of any real or personal
7977	7977	property acquired by it which is no longer required for accomplishment of its purposes.
7978	7978	Subd. 12.Pacts with other governments.The council may contract with the United States or
7979	7979	any agency thereof, any state or agency thereof, or any local government unit or governmental
7980	7980	agency or subdivision, for the joint use of any facility owned by the council or such entity, for the
7981	7981	operation by such entity of any system or facility of the council, or for the performance on the
7982	7982	council's behalf of any service, on such terms as may be agreed upon by the contracting parties.
7983	7983	21R
7984	7984	APPENDIX
7985	7985	Repealed Minnesota Statutes: 25-01046 473.505 TOTAL WATERSHED MANAGEMENT .
7986	7986	The Metropolitan Council may enter into agreements with other governmental bodies and
7987	7987	agencies and spend funds to implement total watershed management. "Total watershed management"
7988	7988	means identifying and quantifying at a watershed level the (1) sources of pollution, both point and
7989	7989	nonpoint, (2) causes of conditions that may or may not be a result of pollution, and (3) means of
7990	7990	reducing pollution or alleviating adverse conditions. The purpose of total watershed management
7991	7991	is to achieve the best water quality for waters of the state receiving the effluent of the metropolitan
7992	7992	disposal system for the lowest total costs, without regard to who will incur those costs.
7993	7993	473.511 SEWER SERVICE FUNCTION.
7994	7994	Subdivision 1.Duty of council; existing, new facilities.At any time after January 1, 1970,
7995	7995	until July 1, 1994, the former Metropolitan Waste Control Commission, and after July 1, 1994, the
7996	7996	council shall assume ownership of all existing interceptors and treatment works which will be
7997	7997	needed to implement the council's comprehensive plan for the collection, treatment, and disposal
7998	7998	of sewage in the metropolitan area, in the manner and subject to the conditions prescribed in
7999	7999	subdivisions 2 and 4, and shall thereafter acquire, construct, equip, operate and maintain all additional
8000	8000	interceptors and treatment works which will be needed for such purpose. The council shall assume
8001	8001	ownership of all treatment works owned by a local government unit if any part of such treatment
8002	8002	works will be needed for such purpose.
8003	8003	Subd. 2.Method of acquisition; existing debt.The council may require any local government
8004	8004	unit to transfer to the council, all of its right, title and interest in any interceptors or treatment works
8005	8005	and all necessary appurtenances thereto owned by such local government unit which will be needed
8006	8006	for the purpose stated in subdivision 1. Appropriate instruments of conveyance for all such property
8007	8007	shall be executed and delivered to the council by the proper officers of each local government unit
8008	8008	concerned. All persons regularly employed by a local government unit to operate and maintain any
8009	8009	treatment works so transferred to the council, on the date on which the transfer becomes effective,
8010	8010	shall be employees of the council, in the same manner and with the same options and rights as are
8011	8011	reserved to employees of sanitary districts and joint boards under subdivision 3. The council, upon
8012	8012	assuming ownership of any such interceptors or treatment works, shall become obligated to pay to
8013	8013	such local government unit amounts sufficient to pay when due all remaining principal of and
8014	8014	interest on bonds issued by such local government unit for the acquisition or betterment of the
8015	8015	interceptors or treatment works taken over. Such amounts may be offset against any amount to be
8016	8016	paid to the council by the local government unit as provided in section 473.517.
8017	8017	Subd. 3.Existing sanitary districts, joint sewer boards.Effective January 1, 1971, the corporate
8018	8018	existence of the Minneapolis-St. Paul Sanitary District, the North Suburban Sanitary Sewer District,
8019	8019	and any joint board created by agreement among local government units under section 471.59, to
8020	8020	provide interceptors and treatment works for such local government units, terminate. All persons
8021	8021	regularly employed by such sanitary districts and joint boards on that date or on any earlier date on
8022	8022	which the former waste control commission pursuant to subdivisions 1 and 2 assumed ownership
8023	8023	and control of any interceptors or treatment works owned or operated by such sanitary districts and
8024	8024	joint boards, and who are employees of the commission on July 1, 1994, are employees of the
8025	8025	council. Members of trades who are employed by the former Metropolitan Waste Control
8026	8026	Commission, who have trade union pension coverage under a collective bargaining agreement, and
8027	8027	who elected exclusion from coverage under section 473.512, or who are first employed after July
8028	8028	1, 1977, may not be covered by the Minnesota State Retirement System. The council shall make
8029	8029	the employer's contributions to pension funds of its employees. Such employees shall perform such
8030	8030	duties as may be prescribed by the council. All funds of such sanitary districts and joint boards then
8031	8031	on hand, and all subsequent collections of taxes, special assessments or service charges levied or
8032	8032	imposed by or for such sanitary districts or joint boards must be transferred to the council. The local
8033	8033	government units otherwise entitled to such cash, taxes, assessments, or service charges must be
8034	8034	credited with such amounts, and such credits must be offset against any amounts to be paid by them
8035	8035	to the council as provided in section 473.517. The former Metropolitan Waste Control Commission,
8036	8036	and on July 1, 1994, the council shall succeed to and become vested by action of law with all right,
8037	8037	title and interest in and to any property, real or personal, owned or operated by such sanitary districts
8038	8038	and joint boards. Prior to that date the proper officers of such sanitary districts and joint boards, or
8039	8039	the former Metropolitan Waste Control Commission, shall execute and deliver to the council all
8040	8040	deeds, conveyances, bills of sale, and other documents or instruments required to vest in the council
8041	8041	good and marketable title to all such real or personal property; provided that vesting of the title
8042	8042	must occur by operation of law and failure to execute and deliver the documents does not affect
8043	8043	the vesting of title in the former Metropolitan Waste Control Commission or the council on the
8044	8044	dates indicated in this subdivision. The council shall become obligated to pay or assume all bonded
8045	8045	22R
8046	8046	APPENDIX
8047	8047	Repealed Minnesota Statutes: 25-01046 or other debt and contract obligations incurred by the former Metropolitan Waste Control
8048	8048	Commission, or by such sanitary districts and joint boards, or incurred by local government units
8049	8049	for the acquisition or betterment of any interceptors or treatment works owned or operated by such
8050	8050	sanitary districts or joint boards.
8051	8051	Subd. 4.Current value of existing facilities.When the council assumes the ownership of any
8052	8052	existing interceptors or treatment works as provided in subdivision 2 or 3, the local government
8053	8053	unit or units which paid part or all of the cost of such facility, directly or pursuant to contracts for
8054	8054	reimbursement of costs, shall be entitled to receive a credit against amounts to be allocated to them
8055	8055	under section 473.517, which may be spread over such period not exceeding 30 years as the council
8056	8056	shall determine, and an additional credit equal to interest on the unused credit balance from time
8057	8057	to time at the rate of four percent per annum. The amount of such credit shall equal the current
8058	8058	value of the facility computed by the council in the manner provided in this subdivision at the time
8059	8059	the council acquires it. The original cost of a facility shall be computed as the total actual costs of
8060	8060	constructing it, including engineering, legal, and administrative costs, less any part of it paid from
8061	8061	federal or state funds and less the principal amount of any then outstanding bonds which were issued
8062	8062	to finance its construction. The original cost shall be multiplied by a factor equal to a current cost
8063	8063	index divided by the same cost index at the time of construction, to determine replacement cost.
8064	8064	The cost indices used shall be the Engineering News Record Construction Cost Indices for facilities
8065	8065	or parts thereof completed before 1930, and the United States Public Health Service Federal Water
8066	8066	Pollution Control Values for Sewer and Treatment Plant Construction, as applied to facilities or
8067	8067	parts thereof completed in or after 1930. The current value of the facility shall be the replacement
8068	8068	cost depreciated by 4.00 percent per annum from the date of construction of treatment works, 2.50
8069	8069	percent per annum from the date of construction of interceptors which operate under pressure, and
8070	8070	1.25 percent per annum from the date of construction of interceptors which do not operate under
8071	8071	pressure; and decreased further by a reasonable allowance for obsolescence if the council determines
8072	8072	that the facility or any part thereof will not be useful for council purposes for at least the remaining
8073	8073	period required to depreciate it fully, assuming no salvage value. The current value of each such
8074	8074	facility shall be credited to each local government unit in proportion to the amount of the construction
8075	8075	cost paid by that unit, as determined by the council, taking into account reimbursements previously
8076	8076	made under contracts between any of the local government units. The council shall prepare an
8077	8077	itemized statement of the amount of credit each local government unit is entitled to receive under
8078	8078	this subdivision, and the years and amounts of installments of principal and interest thereon, and
8079	8079	shall cause it to be mailed or delivered to the governing body of each local government unit
8080	8080	concerned. All credits allowed under this subdivision shall be used to finance current costs allocated
8081	8081	to the local government unit by the council or for other sewer costs, and the credits shall not be
8082	8082	considered as proceeds from the sale of municipal property so as to permit their use for other
8083	8083	purposes. At its option, the council may make a periodic payment to each local government unit in
8084	8084	the amount of the credits provided pursuant to this subdivision, in lieu of a credit against amounts
8085	8085	to be allocated to such local government units under section 473.517.
8086	8086	473.5111 TRANSFER, DISPOSAL OF NONMETROPOLIT AN INTERCEPTOR.
8087	8087	Subdivision 1.Definitions.In this section, the definitions in this subdivision apply, except as
8088	8088	otherwise expressly provided or indicated by the context.
8089	8089	(a) The term "in good operating condition" with reference to an interceptor means that the
8090	8090	facility is currently operational and that the pipes or sewer mains portion only of the facility is
8091	8091	expected to have structural integrity, as appropriate for the proposed use of the pipe, for a period
8092	8092	of ten or more years after the date of a determination or certification of good operating condition
8093	8093	under this section.
8094	8094	(b) The term "interceptor" has the meaning given it in section 473.121, subdivision 23, and
8095	8095	includes a designated portion of an interceptor.
8096	8096	(c) The term "local government unit," with respect to an interceptor that is a storm sewer, means
8097	8097	a local governmental unit as defined in section 473.121, subdivision 6. The term local government
8098	8098	unit, with respect to an interceptor that is not a storm sewer, means a local government unit as
8099	8099	defined in section 473.501, subdivision 3.
8100	8100	(d) The term "storm sewer" means a facility that currently carries exclusively water runoff,
8101	8101	surface water, or other drainage, rather than sewage.
8102	8102	(e) The term "use as a local facility" includes use as either a sanitary sewer or a storm sewer.
8103	8103	Subd. 2.Nonmetropolitan status determination.The council may determine that an interceptor
8104	8104	is no longer needed to implement the council's comprehensive plan for the collection, treatment,
8105	8105	23R
8106	8106	APPENDIX
8107	8107	Repealed Minnesota Statutes: 25-01046 and disposal of sewage in the metropolitan area. If the council makes the determination, it may use
8108	8108	the procedures in this section to sell, transfer, abandon, or otherwise dispose of the interceptor.
8109	8109	Subd. 3.Local benefit determination; transfer to benefited community.(a) If the council
8110	8110	uses the procedures in this section, it must, with regard to each interceptor for which the
8111	8111	determination is made in subdivision 2, determine whether or not the interceptor continues to be
8112	8112	of benefit for use as a local facility for one or more local government units. If the council determines
8113	8113	that the interceptor does not continue to be of benefit as a local facility, it must notify each local
8114	8114	government unit in which the interceptor is located, of this determination.
8115	8115	(b) Such a government unit may notify the council in writing within 90 days from receipt of
8116	8116	notice that it believes the interceptor provides a local benefit to the government unit and that it
8117	8117	desires to take possession of the interceptor. The council may extend the time for a government
8118	8118	unit to provide this notice. If a government unit delivers a written notice to the council in accordance
8119	8119	with this paragraph, the council must transfer the interceptor at no cost to the government unit by
8120	8120	preparing and transmitting a bill of sale for the facility and quitclaim deeds for any property rights
8121	8121	associated with the facility that are no longer needed for the council's purposes. Upon receipt of
8122	8122	the bill of sale, the government unit is the owner of the interceptor and thereafter responsible for
8123	8123	its operation and maintenance.
8124	8124	(c) If the council does not receive notice from a government unit under paragraph (b), the council
8125	8125	may sell, transfer, abandon, or otherwise dispose of the interceptor in such manner as it may deem
8126	8126	fit.
8127	8127	Subd. 4.Preliminary council determinations; notice to local government units.If the council
8128	8128	determines that an interceptor continues to be of benefit for use as a local facility for one or more
8129	8129	local government units, it must designate those units that are so benefited and the portions of the
8130	8130	interceptor that should properly be transferred to the benefited units. It must also determine whether
8131	8131	the interceptor is in good operating condition and, if not, the necessary repairs, and their cost, needed
8132	8132	to put the interceptor in good operating condition. The council must provide written notice to each
8133	8133	designated unit of the council's determinations in this subdivision.
8134	8134	Subd. 5.Contested case; administrative and judicial review.(a) The council's preliminary
8135	8135	determinations under subdivision 4 may be contested by a local government unit which has been
8136	8136	designated by the council under that subdivision. The unit has 90 days from receiving notice of the
8137	8137	council's determinations under subdivision 4 within which to make a written request to the council
8138	8138	for a hearing on the council's determinations. The unit in its request for hearing must specify the
8139	8139	determinations with which it disagrees and its position with regard to those determinations. If within
8140	8140	90 days no designated unit has requested a hearing in writing, the council's preliminary determinations
8141	8141	become its final decision with respect to the determinations under subdivision 4 and the final decision
8142	8142	is binding on all designated units. If a designated unit requests a hearing, the request for hearing
8143	8143	must be granted and the hearing must be conducted by the Office of Administrative Hearings in
8144	8144	the manner provided by chapter 14 for contested cases. The subject of the hearing must extend only
8145	8145	to those council determinations under subdivision 4 for which a hearing has been requested. The
8146	8146	council and all local government units designated by the council under subdivision 4 are parties to
8147	8147	the contested case proceeding.
8148	8148	(b) Charges of the Office of Administrative Hearings must be divided equally among the council
8149	8149	and those parties who requested a hearing under paragraph (a). Otherwise, each party is responsible
8150	8150	for its own costs and expenses in the proceeding.
8151	8151	(c) After receipt of the report of the Office of Administrative Hearings, the council must make
8152	8152	a final decision with respect to the determinations in subdivision 4. Any party to the contested case
8153	8153	proceeding who is aggrieved by the final decision of the council may make a judicial appeal in the
8154	8154	manner provided in chapter 14 for contested cases.
8155	8155	Subd. 6.Council options.(a) If the council's final decision after a proceeding under subdivision
8156	8156	5 is that the interceptor does not continue to be of benefit for use as a local facility, it may sell,
8157	8157	transfer, abandon, or otherwise dispose of the interceptor in such manner as it may deem fit.
8158	8158	(b) If the council's final decision is that the interceptor continues to be of benefit for use as a
8159	8159	local facility, but is not in good operating condition, it may either:
8160	8160	(1) continue to operate the interceptor until sold, transferred, abandoned, or otherwise disposed
8161	8161	of in such manner as it may deem fit; or
8162	8162	(2) repair the interceptor as necessary to put the interceptor in good operating condition, certify
8163	8163	that it is in good operating condition, and proceed under subdivision 7.
8164	8164	24R
8165	8165	APPENDIX
8166	8166	Repealed Minnesota Statutes: 25-01046 (c) If the council's final decision is that the interceptor continues to be of benefit for use as a
8167	8167	local facility and is in good operating condition, it must proceed under subdivision 7.
8168	8168	Subd. 7.Transfer agreement; local benefit charge; transfer to benefited community.(a)
8169	8169	This subdivision applies if an interceptor designated in subdivision 2 continues to be of benefit as
8170	8170	a local facility and is determined or, after repair is certified, by the council to be in good operating
8171	8171	condition.
8172	8172	(b) The council and each local government unit that has been determined to have a benefit in
8173	8173	accordance with the procedures in this section must negotiate and enter into an agreement governing
8174	8174	transfer of an interceptor that has been determined to have benefit for use as a local facility.
8175	8175	(c) The agreement may provide for the council to share in the cost of emergency repairs to the
8176	8176	transferred interceptor for an agreed warranty period not exceeding ten years beyond the later of:
8177	8177	(1) the date of the preliminary council determination of good operating condition in subdivision
8178	8178	4; or
8179	8179	(2) the date of the certification in subdivision 6, paragraph (b), clause (2).
8180	8180	(d) The agreement may also contain arrangements between one or more local government units
8181	8181	concerning shared use, ownership, operation, or maintenance of the transferred interceptor.
8182	8182	(e) If the interceptor is not a storm sewer and is not transferred in its entirety to local government
8183	8183	units, the council must charge a local benefit charge for the portions of the interceptor not transferred.
8184	8184	(f) The charge must begin on the later of:
8185	8185	(1) two years from the date of the determination in subdivision 2; or
8186	8186	(2) the day after the completion of any contested case proceeding under subdivision 5, including
8187	8187	any judicial appeals.
8188	8188	(g) The local benefit charge must be:
8189	8189	(1) based on the costs of overhead, operation, maintenance, rehabilitation, and debt service of
8190	8190	that portion of the interceptor not transferred;
8191	8191	(2) charged to all local government units which have not taken ownership of their allocated
8192	8192	portion of the interceptor; and
8193	8193	(3) allocated in accordance with the final decision of the council under subdivision 5.
8194	8194	(h) The local benefit charge is considered a charge payable by the local government unit to the
8195	8195	council under section 473.521 and must continue to be paid by the local government unit until the
8196	8196	interceptor is transferred to it.
8197	8197	(i) If the facility is a storm sewer and is not transferred in its entirety to the benefited local
8198	8198	government unit or units by the later of:
8199	8199	(1) two years from the date of the determination in subdivision 2; or
8200	8200	(2) the day after the completion of any contested case proceeding under subdivision 5, including
8201	8201	any judicial appeals,
8202	8202	then the facility is transferred effective on the later of the dates in clauses (1) and (2), by operation
8203	8203	of law, to the unit or units determined to have a benefit in accordance with the procedures under
8204	8204	this section.
8205	8205	(j) The transfer is not dependent on an agreement between the council and the local government
8206	8206	unit or units and is at no cost to the receiving unit.
8207	8207	(k) The local government unit is thereafter the owner of the interceptor and responsible for its
8208	8208	operation and maintenance.
8209	8209	(l) The council must prepare and transmit to the appropriate government unit or units bills of
8210	8210	sale for the facility, and quitclaim deeds for any property rights associated with the facility which
8211	8211	are no longer needed for the council's purposes.
8212	8212	Subd. 8.Power to operate, maintain, and repair facility.Until such time as an interceptor is
8213	8213	sold, transferred, abandoned, or otherwise disposed of under this section, the council has all powers
8214	8214	under this chapter to operate, maintain, and repair the interceptor. After transfer of an interceptor,
8215	8215	25R
8216	8216	APPENDIX
8217	8217	Repealed Minnesota Statutes: 25-01046 the council has all powers under this chapter to provide emergency repairs under any agreed warranty
8218	8218	period incorporated into a transfer agreement under subdivision 7.
8219	8219	473.512 PENSION EXCLUSION FOR CERTAIN LABOR SERVICE EMPLOYEES.
8220	8220	Subdivision 1.Qualification, conditions.A member of a trade who is employed by the former
8221	8221	metropolitan waste control commission, and on July 1, 1994, is employed by the council, on a
8222	8222	permanent basis with trade union pension plan coverage pursuant to a collective bargaining agreement
8223	8223	shall be excluded from coverage by the Minnesota State Retirement System if the member was first
8224	8224	employed on or after June 1, 1977 or, if the member was first employed prior to June 1, 1977, has
8225	8225	elected to be excluded from coverage by the Minnesota State Retirement System pursuant to
8226	8226	subdivision 2, and has accepted a refund of contributions pursuant to subdivision 3.
8227	8227	Subd. 2.Deadline, effect.A member of a trade entitled under subdivision 1 to make an election
8228	8228	of exclusion from pension coverage by the Minnesota State Retirement System may make the
8229	8229	election of exclusion no later than August 1, 1977 on forms provided by the executive director of
8230	8230	the Minnesota State Retirement System. The election of exclusion from coverage shall be a one
8231	8231	time election irrevocable while employed in such capacity and shall have retroactive application
8232	8232	to the first day of membership in the Minnesota State Retirement System.
8233	8233	Subd. 3.Refund.Upon electing to be excluded from coverage as provided in subdivision 2 and
8234	8234	making a valid application, a member of a trade shall be entitled to a refund of both the accumulated
8235	8235	employee and the employer contributions made pursuant to Minnesota Statutes 1976, section 352.04,
8236	8236	subdivision 3, on behalf of the member plus interest at the rate of 3-1/2 percent per annum
8237	8237	compounded annually from the date of commencement of coverage, computed to the first day of
8238	8238	the month in which the refund is processed and shall be based on fiscal year balances. The application
8239	8239	for the refund may be made without the waiting period provided for in section 352.22, subdivision
8240	8240	1. No repayment of a refund made under this section shall be permitted.
8241	8241	473.513 MUNICIPAL PLANS AND PROGRAMS.
8242	8242	As soon as practicable after the adoption of the first policy plan by the council as provided in
8243	8243	section 473.146, and before undertaking the construction of any extensions or additions to its
8244	8244	disposal system or the substantial alteration or improvement of its existing disposal system, each
8245	8245	local government unit shall adopt a similar policy plan for the collection, treatment and disposal of
8246	8246	sewage for which the local government unit is responsible, coordinated with the council's plan, and
8247	8247	may revise the same as often as it deems necessary. Each such plan shall be submitted forthwith to
8248	8248	the council for review and shall be subject to the approval of the council as to those features affecting
8249	8249	the council's responsibilities as determined by the council. Any such features disapproved by the
8250	8250	council shall be modified in accordance with the council's recommendations. No construction of
8251	8251	new sewers or other disposal facilities, and no substantial alteration or improvement of any existing
8252	8252	sewers or other disposal facilities involving such features, shall be undertaken by any local
8253	8253	government unit unless its governing body shall first find the same to be in accordance with its
8254	8254	comprehensive plan and program as approved by the council. At the time each local government
8255	8255	unit makes application to the Minnesota Pollution Control Agency for a permit to alter or improve
8256	8256	its disposal system it shall file with the council a copy of the application together with design data
8257	8257	and a location map of the project.
8258	8258	473.515 SEWAGE COLLECTION AND DISPOSAL; POWERS.
8259	8259	Subdivision 1.Identification of powers.In addition to all other powers conferred upon or
8260	8260	delegated to the council hereunder, it shall have the powers specified in this section.
8261	8261	Subd. 2.Right to discharge treated sewage.The council shall have the right to discharge the
8262	8262	effluent from any treatment works operated by it into any waters of the state in accordance with
8263	8263	any effluent or water quality standards lawfully adopted by the Pollution Control Agency.
8264	8264	Subd. 3.Connections with metropolitan system.The council may require any person or local
8265	8265	government unit in the metropolitan area to provide for the discharge of its sewage, directly or
8266	8266	indirectly, into the metropolitan disposal system, or to connect any disposal system or part thereof
8267	8267	with the metropolitan disposal system wherever reasonable opportunity therefor is provided; may
8268	8268	regulate the manner in which such connections are made; may require any person or local government
8269	8269	unit discharging sewage into the metropolitan disposal system to provide preliminary treatment
8270	8270	therefor; may prohibit the discharge into the metropolitan disposal system of any substance which
8271	8271	it determines will or may be harmful to the system or any persons operating it; and may require
8272	8272	any local government unit to discontinue the acquisition, betterment, or operation of any facility
8273	8273	26R
8274	8274	APPENDIX
8275	8275	Repealed Minnesota Statutes: 25-01046 for its disposal system wherever and so far as adequate service is or will be provided by the
8276	8276	metropolitan disposal system.
8277	8277	473.5155 VIOLATION OF WASTEWATER LAW; REMEDIES, PENALTIES.
8278	8278	Subdivision 1.Remedies available.(a) For purposes of this section, "violation" means any
8279	8279	discharge or action by a person that violates sections 473.501 to 473.549 or rules, standards,
8280	8280	variances, limitations, orders, stipulations, agreements, schedules of compliance, or permits that
8281	8281	are issued or adopted by the council under sections 473.501 to 473.549.
8282	8282	(b) Each violation may be enforced by any one or a combination of the following: criminal
8283	8283	prosecution, civil action, or other appropriate action in accordance with sections 473.501 to 473.549.
8284	8284	Subd. 2.Criminal penalties; duties.(a) Any person who commits a violation under subdivision
8285	8285	1 may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more
8286	8286	than $1,000, or both.
8287	8287	(b) County attorneys, sheriffs and other peace officers, and other officers authorized to enforce
8288	8288	criminal laws shall take all action necessary to prosecute and punish violations.
8289	8289	Subd. 3.Civil penalties.A violation is subject to a penalty payable to the state, in an amount
8290	8290	to be determined by the court, of not more than $1,000 per day of violation. The civil penalty may
8291	8291	be recovered by a civil action brought by the council in the name of the state.
8292	8292	473.516 WASTE FACILITIES; SEWAGE SLUDGE DISPOSAL.
8293	8293	Subdivision 1.Acquisition and operation.Without limiting the grant or enumeration of any
8294	8294	of the powers conferred on the council under sections 473.501 to 473.549, the council shall have
8295	8295	the specific power to acquire by purchase, lease, condemnation, gift or grant any real or personal
8296	8296	property, positive and negative easements and water and air rights, and it may construct, enlarge,
8297	8297	improve, replace, repair, maintain and operate waste facilities in the metropolitan area deemed to
8298	8298	be necessary or convenient in connection with the processing or disposal of waste resulting from
8299	8299	sewage treatment, and the council may contract for the maintenance and operation of such waste
8300	8300	facilities, subject to the bidding requirements of section 473.523. The council may accept for
8301	8301	processing waste derived from outside the metropolitan area in the state, as well as waste derived
8302	8302	from within the metropolitan area, and may fix and collect fees and charges for the acceptance of
8303	8303	waste as the council determines to be reasonable.
8304	8304	Subd. 2.General requirements.With respect to its activities under this section, the council
8305	8305	shall be subject to and comply with the applicable provisions of this chapter. Property acquired by
8306	8306	the council under this section shall be subject to the provisions of section 473.545. Any site or
8307	8307	facility owned or operated for or by the council shall conform to the policy plan adopted under
8308	8308	section 473.149. The council shall contract with private persons for the construction, maintenance,
8309	8309	and operation of waste facilities, subject to the bidding requirements of section 473.523, where the
8310	8310	facilities are adequate and available for use and competitive with other means of providing the same
8311	8311	service.
8312	8312	Subd. 3.Local restrictions.Counties and local units of government may impose conditions
8313	8313	respecting the construction, operation, inspection, monitoring, and maintenance of a waste facility
8314	8314	of the council and conditions respecting the sale, gift, delivery, storage, use, and disposal of sewage
8315	8315	sludge of the council on private property as a soil conditioner or amendment, but only in the manner
8316	8316	and only to the extent authorized and approved by the council and the Pollution Control Agency
8317	8317	as being consistent with the establishment and use of the council's waste facilities and the disposal
8318	8318	of the council's sewage sludge on private property in accordance with the council's plan, adopted
8319	8319	under Minnesota Statutes 1992, section 473.153, and agency permits and rules. Counties may
8320	8320	exercise the enforcement powers granted under section 473.811, subdivision 5c, in the manner and
8321	8321	to the extent authorized and approved in accordance with this subdivision.
8322	8322	Subd. 4.Technical monitoring; sewage sludge disposal.Each sewage sludge disposal facility
8323	8323	of the council, or site used for the disposal of sewage sludge of the council, shall be required to
8324	8324	have an agency permit issued pursuant to agency rules for permitting sewage sludge disposal
8325	8325	facilities and sites. Each permit shall require a regular monitoring and testing program to be carried
8326	8326	out by the council. A regular inspection program shall be conducted by the agency or a county
8327	8327	under contract to the agency. The council shall reimburse the agency quarterly for the cost of the
8328	8328	program, and the amounts reimbursed are hereby appropriated to the agency for the purposes of
8329	8329	the program. The council shall attempt to the greatest practical extent to provide a sludge quality
8330	8330	that permits desired nutrient loadings and minimizes elements not essential for plant growth when
8331	8331	sludge is disposed of on private property as a soil conditioner or amendment. The council shall
8332	8332	27R
8333	8333	APPENDIX
8334	8334	Repealed Minnesota Statutes: 25-01046 provide recipients with information on the facility generating the sludge and the content of the
8335	8335	sludge taken from its various treatment facilities.
8336	8336	473.517 ALLOCATION OF COSTS.
8337	8337	Subdivision 1.Allocation method.Except as provided in subdivision 3, the estimated costs of
8338	8338	operation, maintenance, and debt service of the metropolitan disposal system to be paid by the
8339	8339	council in each fiscal year, and the costs of acquisition and betterment of the system which are to
8340	8340	be paid during the year from funds other than bond proceeds, including all expenses incurred by
8341	8341	the council pursuant to sections 473.501 to 473.545, are referred to in this section as current costs,
8342	8342	and shall be allocated among and paid by all local government units which will discharge sewage,
8343	8343	directly or indirectly, into the metropolitan disposal system during the budget year according to an
8344	8344	allocation method determined by the council. The allocated costs may include an amount for a
8345	8345	reserve or contingency fund and an amount for cash flow management. The cash flow management
8346	8346	fund so established must not exceed five percent of the council's total wastewater services operating
8347	8347	budget.
8348	8348	Subd. 3.Allocation of treatment, interceptor costs; reserved capacity.(a) In preparing each
8349	8349	budget the council shall estimate the current costs of acquisition, betterment, and debt service, only,
8350	8350	of the treatment works in the metropolitan disposal system which will not be used to total capacity
8351	8351	during the budget year, and the percentage of such capacity which will not be used, and shall deduct
8352	8352	the same percentage of such treatment works costs from the current costs allocated under subdivision
8353	8353	1. The council shall also estimate the current costs of acquisition, betterment, and debt service,
8354	8354	only, of the interceptors in the metropolitan disposal system that will not be used to total capacity
8355	8355	during the budget year, shall estimate the percentage of the total capacity that will not be used, and
8356	8356	shall deduct the same percentage of interceptor costs from the current costs allocated under
8357	8357	subdivision 1. The total amount so deducted with respect to all treatment works and interceptors
8358	8358	in the system shall be allocated among and paid by the respective local government units in the
8359	8359	metropolitan area through a metropolitan sewer availability charge for each new connection or
8360	8360	increase in capacity demand to the metropolitan disposal system within each local government unit.
8361	8361	Amounts collected through the metropolitan sewer availability charge (SAC) must be deposited in
8362	8362	the council's wastewater reserve capacity fund. Each fiscal year an amount from the wastewater
8363	8363	reserve capacity fund shall be transferred to the wastewater operating fund for the reserved capacity
8364	8364	costs described in this paragraph. For the purposes of this subdivision, the amount transferred from
8365	8365	the wastewater reserve capacity fund to the wastewater operating fund shall be referred to as the
8366	8366	"SAC transfer amount."
8367	8367	(b) The council will record on a cumulative basis the total SAC transfer deficit. In any year that
8368	8368	the wastewater reserve capacity fund has a year-end balance of at least two years' estimated SAC
8369	8369	transfer amount, the council shall increase the subsequent annual SAC transfer amount in excess
8370	8370	of the amount required by paragraph (a) with the goal of eliminating the cumulative total SAC
8371	8371	transfer deficit. The annual amount by which the council increases the SAC transfer amount shall
8372	8372	be determined by the council after appropriate study and a public hearing.
8373	8373	Subd. 6.Deferment of payments.(a) Upon request of a local government unit, the council
8374	8374	may provide for the deferment of payment of all or part of the allocated costs that are allocated by
8375	8375	the council to that local government unit in any year pursuant to subdivision 1, repayable at the
8376	8376	time or times specified by the council, with interest as determined by the council. A deferment must
8377	8377	not result in an increase to the allocated costs which are allocated by the council to other local
8378	8378	government units in any year pursuant to subdivision 1.
8379	8379	(b) Upon request of a local government unit, the council may provide for the deferment of
8380	8380	payment of all or part of the allocated costs which are allocated by the council to a local government
8381	8381	unit in any year pursuant to subdivision 3, repayable at such time or times as the council shall
8382	8382	specify, with interest at the approximate average annual rate borne by council bonds outstanding
8383	8383	at the time of the deferment, as determined by the council. Such deferred costs shall be allocated
8384	8384	to and paid by all local government units in the metropolitan area which will discharge sewage,
8385	8385	directly or indirectly, into the metropolitan disposal system in the budget year for which the deferment
8386	8386	is granted, in the same manner and proportions as costs are allocated under subdivision 1.
8387	8387	Subd. 10.Direct charging of industrial users.(a) The term "industrial discharger" for the
8388	8388	purposes of this subdivision means a recipient of wastewater treatment services that is required by
8389	8389	council rules or procedures to have a permit issued by the council in order to discharge sewage to
8390	8390	the metropolitan disposal system.
8391	8391	28R
8392	8392	APPENDIX
8393	8393	Repealed Minnesota Statutes: 25-01046 (b) The council may directly impose on all or any category of industrial dischargers all or any
8394	8394	portion of the costs that would otherwise be allocated among and paid by local government units
8395	8395	under subdivision 1. Any amounts imposed directly on industrial dischargers by the council under
8396	8396	this subdivision must be deducted from the amounts to be allocated among and paid by local
8397	8397	government units under subdivision 1, and any charges imposed by a local government unit for the
8398	8398	same purpose are of no further force and effect from and after the effective date of the council's
8399	8399	direct charges. Charges imposed under this subdivision are in addition to any other charges imposed
8400	8400	on industrial dischargers by a local government unit and must be paid by the industrial discharger
8401	8401	at such intervals as may be established by the council. The council may impose interest charges
8402	8402	upon delinquent payments.
8403	8403	(c) Charges by the council to industrial dischargers under this subdivision including any interest
8404	8404	charges, as well as any other charges or related fees owed by the industrial discharger pursuant to
8405	8405	a discharge permit issued by the council for the subject property, are a charge jointly and severally
8406	8406	against the owners, lessees, and occupants of the property served. The council may certify such
8407	8407	unpaid amounts to the appropriate county auditor as a tax for collection as other taxes are collected
8408	8408	on the property served. The proceeds of any tax collected pursuant to the council's certification
8409	8409	must be paid by the county treasurer to the council when collected. Certification does not preclude
8410	8410	the council from recovery of delinquent amounts and interest under any other available remedy.
8411	8411	473.519 1972 U.S. WATER POLLUTION CONTROL ACT: USE CHARGE SHARES.
8412	8412	Each local government unit shall adopt a system of charges for the use and availability of the
8413	8413	metropolitan disposal system which will assure that each recipient of waste treatment services
8414	8414	within or served by the unit will pay its proportionate share of the costs allocated to the unit by the
8415	8415	council under section 473.517, as required by the federal Water Pollution Control Act amendments
8416	8416	of 1972, and any regulations issued pursuant thereto. Each system of charges shall be submitted to
8417	8417	the council if requested by the council.
8418	8418	473.521 PAYMENTS TO COUNCIL.
8419	8419	Subdivision 1.Amounts due council, when payable.Charges payable to the council by local
8420	8420	government units may be made payable at such times during each year as the council determines,
8421	8421	but such dates shall be fixed with reference to the dates on which tax, assessment, and revenue
8422	8422	collections become available to the government units required to pay such charges.
8423	8423	Subd. 2.Component municipalities, obligations to council.Each government unit shall pay
8424	8424	to the council all sums charged to it as provided in section 473.517, at the times and in the manner
8425	8425	determined by the council. The governing body of each such government unit shall take all action
8426	8426	that may be necessary to provide the funds required for such payments and to make the same when
8427	8427	due.
8428	8428	Subd. 3.Powers of government units.To accomplish any duty imposed on it by the council,
8429	8429	the governing body of every government unit in the metropolitan area may exercise the powers
8430	8430	granted any municipality by chapters 117, 412, 429, 475, sections 115.46, 444.075 and 471.59.
8431	8431	Subd. 4.Deficiency tax levies.If the governing body of any local government unit fails to meet
8432	8432	any payment to the council hereunder when due, the Metropolitan Council may certify to the auditor
8433	8433	of the county in which the government unit is located the amount required for payment of such
8434	8434	amount with interest at six percent per annum. The auditor shall levy and extend such amount as a
8435	8435	tax upon all taxable property in the government unit for the next calendar year, free from any existing
8436	8436	limitations imposed by law or charter. Such tax shall be collected in the same manner as the general
8437	8437	taxes of the government unit, and the proceeds thereof, when collected, shall be paid by the county
8438	8438	treasurer to the treasurer of the council and credited to the government unit for which the tax was
8439	8439	levied.
8440	8440	473.523 CONSTRUCTION CONTRACTS SUBJECT TO MUNICIPAL BID LAW.
8441	8441	Subdivision 1.Contracts for metropolitan disposal system.All contracts for construction
8442	8442	work, or for the purchase of materials, supplies, or equipment relating to the metropolitan disposal
8443	8443	system shall be made as provided in section 471.345, subdivisions 3 to 6. Contracts subject to
8444	8444	section 471.345, subdivision 3, shall be made by the council by publishing once in a legal newspaper
8445	8445	or trade paper published in a city of the first class not less than two weeks before the last day for
8446	8446	submission of bids, notice that bids or proposals will be received. Such notice shall state the nature
8447	8447	of the work or purchase and the terms and conditions upon which the contract is to be awarded,
8448	8448	and a time and place where such bids will be received, opened, and read publicly. After such bids
8449	8449	have been duly received, opened, read publicly, and recorded, the council shall award such contract
8450	8450	29R
8451	8451	APPENDIX
8452	8452	Repealed Minnesota Statutes: 25-01046 to the lowest responsible bidder or it may reject all bids and readvertise. Each contract shall be duly
8453	8453	executed in writing and the party to whom the contract is awarded shall give sufficient bond or
8454	8454	security to the council for the faithful performance of the contract as required by law. The council
8455	8455	shall have the right to set qualifications and specifications and to require bids to meet all such
8456	8456	qualifications and specifications before being accepted. If the council by an affirmative vote of
8457	8457	two-thirds of its members declares that an emergency exists requiring the immediate purchase of
8458	8458	materials or supplies at a cost in excess of the amount specified in section 471.345, subdivision 3,
8459	8459	or in making emergency repairs, it shall not be necessary to advertise for bids.
8460	8460	Subd. 1a.Contracts over $50,000; best value alternative.As an alternative to the procurement
8461	8461	method described in subdivision 1, the council may issue a request for proposals and award the
8462	8462	contract to the vendor or contractor offering the best value under a request for proposals as described
8463	8463	in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
8464	8464	473.524 CAPITAL INTENSIVE PUBLIC SERVICES.
8465	8465	The council may exercise the authority it had under Minnesota Statutes 2012, sections 471A.01
8466	8466	to 471A.12, for the purposes of fulfilling its wastewater services responsibilities under sections
8467	8467	473.501 to 473.549. The wastewater facilities designed or built under the authority provided by
8468	8468	Minnesota Statutes 2012, sections 471A.01 to 471A.12, deemed necessary by the council to
8469	8469	accomplish its responsibilities under this chapter must remain under the ownership of the council.
8470	8470	473.541 DEBT OBLIGATIONS.
8471	8471	Subdivision 1.Certificates of indebtedness.At any time or times after approval of an annual
8472	8472	budget, and in anticipation of the collection of tax and other revenues appropriated in the budget,
8473	8473	the council may by resolution authorize the issuance, negotiation, and sale, in such form and manner
8474	8474	and upon such terms as it may determine, of general obligation certificates of indebtedness in
8475	8475	aggregate principal amounts not exceeding 50 percent of the total amount of such appropriations,
8476	8476	and maturing not later than April 1 following the close of the budget year. All receipts of tax and
8477	8477	other revenues included in the budget, after the expenditure of appropriated funds, shall be
8478	8478	irrevocably appropriated to a special fund to pay the principal of and the interest on the certificates
8479	8479	when due. If for some reason the anticipated revenues are insufficient to pay the certificates and
8480	8480	interest thereon when due, the council shall levy a tax in the amount of the deficiency on all taxable
8481	8481	property in the metropolitan area, and shall appropriate this amount to the special fund, to be credited
8482	8482	thereto from the first tax and other revenues received in the following budget year.
8483	8483	Subd. 2.Emergency certificates.If in any budget year the receipts of tax and other revenues
8484	8484	should from some unforeseen cause become insufficient to pay the council's current wastewater
8485	8485	services expenses, or if any calamity or other public emergency should subject it to the necessity
8486	8486	of making extraordinary wastewater services expenditures, the council may make an emergency
8487	8487	appropriation of an amount sufficient to meet the deficiency and may authorize the issuance,
8488	8488	negotiation, and sale of certificates of indebtedness in this amount in the same manner and upon
8489	8489	the same conditions as provided in subdivision 1. The council may levy on all taxable property in
8490	8490	the metropolitan area a tax sufficient to pay the certificates and interest thereon, and shall appropriate
8491	8491	all collections of such tax to a special fund created for that purpose. The certificates may mature
8492	8492	not later than April in the year following the year in which any levied tax is collectible.
8493	8493	Subd. 3.General obligation bonds.The council may by resolution authorize the issuance of
8494	8494	general obligation bonds for the acquisition or betterment of any interceptors or treatment works
8495	8495	determined to be necessary or desirable for the metropolitan disposal system, or for the refunding
8496	8496	of outstanding bonds, certificates of indebtedness, or judgments. The council shall provide for the
8497	8497	issuance and sale and for the security of such bonds in the manner provided in chapter 475, and
8498	8498	shall have the same powers and duties as a municipality issuing bonds under that law, except that
8499	8499	no election shall be required and the net debt limitations in chapter 475 shall not apply to such
8500	8500	bonds. The council may also pledge for the payment of such bonds any revenues receivable under
8501	8501	section 473.517.
8502	8502	Subd. 4.Revenue bonds.(a) The council may, by resolution, authorize the issuance of revenue
8503	8503	bonds for any purpose for which general obligation bonds may be issued under subdivision 3. The
8504	8504	bonds shall be sold, issued, and secured in the manner provided in chapter 475 for bonds payable
8505	8505	solely from revenues, except as otherwise provided in this subdivision, and the council shall have
8506	8506	the same powers and duties as a municipality and its governing body in issuing bonds under that
8507	8507	chapter. The bonds shall be payable from and secured by a pledge of all or any part of revenues
8508	8508	receivable under section 473.517, shall not, and shall state they do not, represent or constitute a
8509	8509	general obligation or debt of the council, and shall not be included in the net debt of any city, county,
8510	8510	30R
8511	8511	APPENDIX
8512	8512	Repealed Minnesota Statutes: 25-01046 or other subdivision of the state for the purpose of any net debt limitation. The proceeds of the
8513	8513	bonds may be used to pay credit enhancement fees.
8514	8514	(b) The bonds may be secured by a bond resolution, or a trust indenture entered into by the
8515	8515	council with a corporate trustee within or outside the state, which shall define the revenues and
8516	8516	bond proceeds pledged for the payment and security of the bonds. The pledge shall be a valid charge
8517	8517	on the revenues received under section 473.517. No mortgage of or security interest in any tangible
8518	8518	real or personal property shall be granted to the bondholders or the trustee, but they shall have a
8519	8519	valid security interest in the revenues and bond proceeds received by the council and pledged to
8520	8520	the payment of the bonds as against the claims of all persons in tort, contract, or otherwise,
8521	8521	irrespective of whether such parties have notice thereof and without possession or filing as provided
8522	8522	in the Uniform Commercial Code or any other law, subject, however, to the rights of the holders
8523	8523	of any general obligation bonds issued under subdivision 3. In the bond resolution or trust indenture,
8524	8524	the council may make such covenants as it determines to be reasonable for the protection of the
8525	8525	bondholders, including a covenant to issue general obligation bonds to refund the revenue bonds
8526	8526	if and to the extent required to pay principal and interest on the bonds and to certify a deficiency
8527	8527	tax levy as provided in section 473.521, subdivision 4.
8528	8528	(c) Neither the council, nor any council member, officer, employee, or agent of the council, nor
8529	8529	any person executing the bonds shall be liable personally on the bonds by reason of their issuance.
8530	8530	The bonds shall not be payable from nor a charge upon any funds other than the revenues and bond
8531	8531	proceeds pledged to the payment thereof, nor shall the council be subject to any liability thereon
8532	8532	or have the power to obligate itself to pay or to pay the bonds from funds other than the revenues
8533	8533	and bond proceeds pledged, and no holder or holders of bonds shall ever have the right to compel
8534	8534	any exercise of the taxing power of the council (except any deficiency tax levy the council covenants
8535	8535	to certify under section 473.521, subdivision 4) or any other public body, to the payment of principal
8536	8536	of or interest on the bonds, nor to enforce payment thereof against any property of the council or
8537	8537	other public body other than that expressly pledged for the payment thereof.
8538	8538	473.542 DEPOSITORIES.
8539	8539	The council shall from time to time designate one or more national or state banks, or trust
8540	8540	companies authorized to do a banking business, as official depositories for moneys of the council,
8541	8541	and thereupon shall require the treasurer to deposit all or a part of such moneys in such institutions.
8542	8542	Such designation shall be in writing and shall set forth all the terms and conditions upon which the
8543	8543	deposits are made, and shall be signed by the chair and treasurer, and made a part of the minutes
8544	8544	of the council. Any bank or trust company so designated shall qualify as a depository by furnishing
8545	8545	a corporate surety bond or collateral in the amounts required by section 118A.03. However, no
8546	8546	bond or collateral shall be required to secure any deposit insofar as it is insured under federal law.
8547	8547	473.543 MONEYS, ACCOUNTS AND INVESTMENTS.
8548	8548	Subdivision 1.Disposed of as budgeted; pledges.All moneys from wastewater services
8549	8549	operations received by the council shall be deposited or invested by the treasurer and disposed of
8550	8550	as the council may direct in accordance with its wastewater services budget; provided that any
8551	8551	moneys that have been pledged or dedicated by the Metropolitan Council to the payment of
8552	8552	obligations or interest thereon or expenses incident thereto, or for any other specific purpose
8553	8553	authorized by law, shall be paid by the treasurer into the fund to which they have been pledged.
8554	8554	Subd. 2.Accounts.The council's treasurer shall establish such funds and accounts as may be
8555	8555	necessary or convenient to handle the receipts and disbursements of the council in an orderly fashion.
8556	8556	Subd. 3.Where to deposit; how to invest.The moneys on hand in said funds and accounts
8557	8557	may be deposited in the official depositories of the council or invested as hereinafter provided. The
8558	8558	amount thereof not currently needed or required by law to be kept in cash on deposit may be invested
8559	8559	in obligations authorized for the investment of public funds by chapter 118A. Such moneys may
8560	8560	also be held under certificates of deposit issued by any official depository of the council.
8561	8561	Subd. 4.Bond proceeds.The use of proceeds of all bonds issued by the council for the
8562	8562	acquisition and betterment of interceptors or treatment works, and the use, other than investment,
8563	8563	of all moneys on hand in any sinking fund or funds of the council, shall be governed by the provisions
8564	8564	of chapter 475, and the provisions of resolutions authorizing the issuance of such bonds.
8565	8565	473.545 PROPERTY EXEMPT FROM TAXATION.
8566	8566	Any properties, real or personal, owned, leased, controlled, used, or occupied by the council
8567	8567	for any purpose referred to in sections 473.501 to 473.549 are declared to be acquired, owned,
8568	8568	leased, controlled, used and occupied for public, governmental, and municipal purposes, and shall
8569	8569	31R
8570	8570	APPENDIX
8571	8571	Repealed Minnesota Statutes: 25-01046 be exempt from taxation by the state or any political subdivision of the state, except to the extent
8572	8572	that the property is subject to the sales and use tax under chapter 297A, provided that such properties
8573	8573	shall be subject to special assessments levied by a political subdivision for a local improvement in
8574	8574	amounts proportionate to and not exceeding the special benefit received by the properties from such
8575	8575	improvement. No possible use of any such properties in any manner different from their use as part
8576	8576	of the metropolitan disposal system at the time shall be considered in determining the special benefit
8577	8577	received by such properties. All such assessments shall be subject to final confirmation by the
8578	8578	Metropolitan Council, whose determination of the benefits shall be conclusive upon the political
8579	8579	subdivision levying the assessment.
8580	8580	473.547 TAX LEVIES.
8581	8581	The council shall have power to levy taxes for debt service of the metropolitan disposal system
8582	8582	upon all taxable property within the metropolitan area, without limitation of rate or amount and
8583	8583	without affecting the amount or rate of taxes which may be levied by the council for other purposes
8584	8584	or by any local government unit in the area. The council shall also have power to levy taxes as
8585	8585	provided in section 473.521. Each of the county auditors shall annually assess and extend upon the
8586	8586	tax rolls in the auditor's county the portion of the taxes levied by the council in each year which is
8587	8587	certified to the auditor by the council. Each county treasurer shall collect and make settlement of
8588	8588	such taxes with the council in the same manner as with other political subdivisions.
8589	8589	473.549 RELATION TO EXISTING LAWS.
8590	8590	The provisions of sections 473.501 to 473.549 shall be given full effect notwithstanding the
8591	8591	provisions of any law not consistent therewith. The powers conferred on the council under sections
8592	8592	473.501 to 473.545 shall in no way diminish or supersede the powers conferred on the Pollution
8593	8593	Control Agency by sections 103F.701 to 103F.755 and chapters 115 and 116.
8594	8594	473.621 POWERS OF CORPORATION.
8595	8595	Subd. 6.Capital projects; review.All Minneapolis-St. Paul International Airport capital
8596	8596	projects of the commission requiring the expenditure of more than $5,000,000 shall be submitted
8597	8597	to the Metropolitan Council for review. All other capital projects of the commission requiring the
8598	8598	expenditure of more than $2,000,000 shall be submitted to the Metropolitan Council for review.
8599	8599	No such project that has a significant effect on the orderly and economic development of the
8600	8600	metropolitan area may be commenced without the approval of the Metropolitan Council. In addition
8601	8601	to any other criteria applied by the Metropolitan Council in reviewing a proposed project, the council
8602	8602	shall not approve a proposed project unless the council finds that the commission has completed a
8603	8603	process intended to provide affected municipalities the opportunity for discussion and public
8604	8604	participation in the commission's decision-making process. An "affected municipality" is any
8605	8605	municipality that (1) is adjacent to a commission airport, (2) is within the noise zone of a commission
8606	8606	airport, as defined in the Metropolitan Development Guide, or (3) has notified the commission's
8607	8607	secretary that it considers itself an "affected municipality." The council must at a minimum determine
8608	8608	that the commission:
8609	8609	(a) provided adequate and timely notice of the proposed project to each affected municipality;
8610	8610	(b) provided to each affected municipality a complete description of the proposed project;
8611	8611	(c) provided to each affected municipality notices, agendas, and meeting minutes of all
8612	8612	commission meetings, including advisory committee meetings, at which the proposed project was
8613	8613	to be discussed or voted on in order to provide the municipalities the opportunity to solicit public
8614	8614	comment and participate in the project development on an ongoing basis; and
8615	8615	(d) considered the comments of each affected municipality.
8616	8616	473.834 DEBT SERVICE; SOLID WASTE BONDS.
8617	8617	Subdivision 1.Certain cities and towns; exemption.Each city or town in which a solid waste
8618	8618	disposal facility is operating after January 1, 1980, shall be permanently exempt from the payments
8619	8619	required by this section, if the facility is a commercial facility disposing of mixed municipal solid
8620	8620	waste under an agency permit.
8621	8621	Subd. 2.Allocation of debt service.The annual debt service on the council's solid waste bonds,
8622	8622	issued under Minnesota Statutes 1990, section 473.831, shall be annually apportioned and certified
8623	8623	by the council to each county in the metropolitan area, in the proportion that the net tax capacity
8624	8624	of all taxable property within each county bears to the net tax capacity of the taxable property in
8625	8625	all the counties, except that the apportionment to each county shall first be adjusted to reflect
8626	8626	exemptions from payment required by subdivision 1.
8627	8627	32R
8628	8628	APPENDIX
8629	8629	Repealed Minnesota Statutes: 25-01046 473.851 LEGISLATIVE FINDINGS AND PURPOSE.
8630	8630	The legislature finds and declares that the local governmental units within the metropolitan area
8631	8631	are interdependent, that the growth and patterns of urbanization within the area create the need for
8632	8632	additional state, metropolitan and local public services and facilities and increase the danger of air
8633	8633	and water pollution and water shortages, and that developments in one local governmental unit may
8634	8634	affect the provision of regional capital improvements for sewers, transportation, airports, water
8635	8635	supply, and regional recreation open space. Since problems of urbanization and development
8636	8636	transcend local governmental boundaries, there is a need for the adoption of coordinated plans,
8637	8637	programs and controls by all local governmental units in order to protect the health, safety and
8638	8638	welfare of the residents of the metropolitan area and to ensure coordinated, orderly, and economic
8639	8639	development. Therefore, it is the purpose of sections 462.355, 473.175, and 473.851 to 473.871 to
8640	8640	(1) establish requirements and procedures to accomplish comprehensive local planning with land
8641	8641	use controls consistent with planned, orderly and staged development and the metropolitan system
8642	8642	plans, and (2) to provide assistance to local governmental units within the metropolitan area for the
8643	8643	preparation of plans and official controls appropriate for their areas and consistent with metropolitan
8644	8644	system plans.
8645	8645	473.852 DEFINITIONS.
8646	8646	Subdivision 1.Terms.As used in sections 462.355, 473.175, and 473.851 to 473.871, the
8647	8647	following terms shall have the meanings given them.
8648	8648	Subd. 2.Advisory Metropolitan Land Use Committee or advisory committee."Advisory
8649	8649	Metropolitan Land Use Committee" or "advisory committee" means an advisory committee
8650	8650	established by the Metropolitan Council pursuant to section 473.853.
8651	8651	Subd. 3.Applicable planning statute."Applicable planning statute" means sections 394.21 to
8652	8652	394.37 for counties and sections 462.351 to 462.364 for cities and towns.
8653	8653	Subd. 4.Capital improvement program."Capital improvement program" means an itemized
8654	8654	program for a five-year prospective period, and any amendments thereto, subject to at least biennial
8655	8655	review, setting forth the schedule, timing, and details of specific contemplated capital improvements
8656	8656	by year, together with their estimated cost, the need for each improvement, financial sources, and
8657	8657	the financial impact that the improvements will have on the local governmental unit.
8658	8658	Subd. 5.Comprehensive plan."Comprehensive plan" means the comprehensive plan of each
8659	8659	local governmental unit described in sections 473.858 to 473.862, and any amendments to the plan.
8660	8660	Subd. 6.Fiscal devices."Fiscal devices" means the valuation of property pursuant to section
8661	8661	273.111, the designation of urban and rural service districts, pursuant to section 272.67, and the
8662	8662	establishment of development districts pursuant to sections 469.124 to 469.133, and any other
8663	8663	statutes authorizing the creation of districts in which the use of tax increment bonding is authorized.
8664	8664	Subd. 7.Local governmental unit or unit."Local governmental unit" or "unit" means all cities,
8665	8665	counties and towns lying in whole or in part within the metropolitan area, but does not include
8666	8666	school districts.
8667	8667	Subd. 8.Metropolitan system plans."Metropolitan system plans" means the transportation
8668	8668	portion of the Metropolitan Development Guide, and the policy plans, and capital budgets for
8669	8669	metropolitan wastewater service, transportation, and regional recreation open space.
8670	8670	Subd. 9.Official controls or controls."Official controls" or "controls" means ordinances and
8671	8671	rules which control the physical development of a city, county or town or any part thereof or any
8672	8672	detail thereof and implement the general objectives of the comprehensive plan. Official controls
8673	8673	may include ordinances establishing zoning, subdivision controls, site plan regulations, sanitary
8674	8674	codes, building codes and official maps.
8675	8675	Subd. 10.Private sewer facility."Private sewer facility" means a single lot, multiple lot or
8676	8676	other sewage collection or treatment facility owned, constructed or operated by any person other
8677	8677	than a local governmental unit or the council.
8678	8678	473.853 ADVISORY COMMITTEE.
8679	8679	The council shall establish an advisory metropolitan land use committee pursuant to section
8680	8680	473.127, comprised of 16 members, one from each council district, and as many additional members
8681	8681	as are necessary to provide representation from each metropolitan county, plus a chair. At least
8682	8682	one-half of the members of the advisory committee shall be elected officials of local governmental
8683	8683	33R
8684	8684	APPENDIX
8685	8685	Repealed Minnesota Statutes: 25-01046 units. The members shall be appointed for the same period as the term of the council member for
8686	8686	the district in which the member resides.
8687	8687	473.854 GUIDELINES.
8688	8688	The council shall prepare and adopt guidelines and procedures relating to the requirements and
8689	8689	provisions of sections 462.355, 473.175, and 473.851 to 473.871 which will provide assistance to
8690	8690	local governmental units in accomplishing the provisions of sections 462.355, 473.175, and 473.851
8691	8691	to 473.871.
8692	8692	473.856 METROPOLITAN SYSTEM STATEMENTS; AMENDMENTS.
8693	8693	The council shall prepare and transmit to each affected local governmental unit a metropolitan
8694	8694	system statement when the council updates or revises its comprehensive development guide for the
8695	8695	metropolitan area in conjunction with the decennial review required under section 473.864,
8696	8696	subdivision 2, and when the council amends or modifies a metropolitan system plan. The statement
8697	8697	shall contain information relating to the unit and appropriate surrounding territory that the council
8698	8698	determines necessary for the unit to consider in reviewing the unit's comprehensive plan. The
8699	8699	statement may include:
8700	8700	(1) the timing, character, function, location, projected capacity, and conditions on use for existing
8701	8701	or planned metropolitan public facilities, as specified in metropolitan system plans, and for state
8702	8702	and federal public facilities to the extent known to the council; and
8703	8703	(2) the population, employment, and household projections which have been used by the council
8704	8704	as a basis for its metropolitan system plans.
8705	8705	Within nine months after receiving a system statement for an amendment to a metropolitan
8706	8706	system plan, and within three years after receiving a system statement issued in conjunction with
8707	8707	the decennial review required under section 473.864, subdivision 2, each affected local governmental
8708	8708	unit shall review its comprehensive plan to determine if an amendment is necessary to ensure
8709	8709	continued conformity with metropolitan system plans. If an amendment is necessary, the
8710	8710	governmental unit shall prepare the amendment and submit it to the council for review pursuant to
8711	8711	sections 462.355, 473.175, and 473.851 to 473.871.
8712	8712	473.857 SYSTEM STATEMENTS; RECONCILIATION PROCEDURES.
8713	8713	Subdivision 1.Request for hearing.If a local governmental unit and the council are unable to
8714	8714	resolve disagreements over the content of a system statement, the unit may by resolution request
8715	8715	that a hearing be conducted by the advisory committee or by the state Office of Administrative
8716	8716	Hearings for the purpose of considering amendments to the system statement. The request shall be
8717	8717	made by the unit within 60 days after receipt of the system statement and shall be accompanied by
8718	8718	a description of the disagreement together with specified proposed amendments to the system
8719	8719	statement. If no request for a hearing is received by the council within 60 days, the statement shall
8720	8720	be final.
8721	8721	Subd. 2.Within 60 days; report.A hearing shall be conducted within 60 days after the request,
8722	8722	provided that the advisory committee or the administrative law judge shall consolidate hearings on
8723	8723	related requests. The 60-day period within which the hearing shall be conducted may be extended
8724	8724	or suspended by mutual agreement of the council and the local governmental unit. The hearing may
8725	8725	consider the need for or reasonableness of the metropolitan system plans or parts thereof. The
8726	8726	hearing shall afford all interested persons an opportunity to testify and present evidence. The advisory
8727	8727	committee or administrative law judge may employ the appropriate technical and professional
8728	8728	services of the office of dispute resolution for the purpose of evaluating disputes of fact. The
8729	8729	proceedings shall not be deemed a contested case. Within 30 days after the hearing, the advisory
8730	8730	committee or the administrative law judge shall report to the council respecting the proposed
8731	8731	amendments to the system statements. The report shall contain findings of fact, conclusions, and
8732	8732	recommendations and shall apportion the costs of the proceedings among the parties.
8733	8733	Subd. 3.Final determination.Within 30 days of receipt of the report, the council, by resolution
8734	8734	containing findings of fact and conclusions, shall make a final determination respecting the proposed
8735	8735	amendments. At any point in the reconciliation procedure established by this section, the council
8736	8736	and a local governmental unit may resolve their disagreement by stipulation.
8737	8737	473.858 COMPREHENSIVE PLANS; LOCAL GOVERNMENT AL UNITS.
8738	8738	Subdivision 1.No conflicting zoning, fiscal device, official control.Within nine months
8739	8739	following the receipt of a metropolitan system statement for an amendment to a metropolitan system
8740	8740	plan and within three years following the receipt of a metropolitan system statement issued in
8741	8741	34R
8742	8742	APPENDIX
8743	8743	Repealed Minnesota Statutes: 25-01046 conjunction with the decennial review required under section 473.864, subdivision 2, every local
8744	8744	governmental unit shall have reviewed and, if necessary, amended its comprehensive plan in
8745	8745	accordance with sections 462.355, 473.175, and 473.851 to 473.871 and the applicable planning
8746	8746	statute and shall have submitted the plan to the Metropolitan Council for review pursuant to section
8747	8747	473.175. The provisions of sections 462.355, 473.175, and 473.851 to 473.871 shall supersede the
8748	8748	provisions of the applicable planning statute wherever a conflict may exist. If the comprehensive
8749	8749	municipal plan is in conflict with the zoning ordinance, the zoning ordinance shall be brought into
8750	8750	conformance with the plan by local government units in conjunction with the review and, if necessary,
8751	8751	amendment of its comprehensive plan required under section 473.864, subdivision 2. A local
8752	8752	government unit shall not adopt any fiscal device or official control which is in conflict with its
8753	8753	comprehensive plan, including any amendments to the plan, or which permits activity in conflict
8754	8754	with metropolitan system plans, as defined by section 473.852, subdivision 8. The comprehensive
8755	8755	plan shall provide guidelines for the timing and sequence of the adoption of official controls to
8756	8756	ensure planned, orderly, and staged development and redevelopment consistent with the
8757	8757	comprehensive plan. For purposes of this section, a fiscal device or official control shall not be
8758	8758	considered to be in conflict with a local government unit's comprehensive plan or to permit an
8759	8759	activity in conflict with metropolitan system plans if such fiscal device or official control is adopted
8760	8760	to ensure the planned, orderly, and staged development of urbanization or redevelopment areas
8761	8761	designated in the comprehensive plan pursuant to section 473.859, subdivision 5.
8762	8762	Subd. 2.Adjacent review, comment.Local governmental units shall submit their proposed
8763	8763	plans to adjacent governmental units, affected special districts lying in whole or in part within the
8764	8764	metropolitan area, and affected school districts for review and comment at least six months prior
8765	8765	to submission of the plan to the council and shall submit copies to them on the submission of the
8766	8766	plan to the council. For minor plan amendments, the council may prescribe a shorter review and
8767	8767	comment period, or may waive the review and comment period if the minor plan amendments
8768	8768	involve lands that are not contiguous to other local governmental units.
8769	8769	Subd. 3.When to council.The plans shall be submitted to the council following recommendation
8770	8770	by the planning agency of the unit and after consideration but before final approval by the governing
8771	8771	body of the unit.
8772	8772	Subd. 4.Status of old, new programs, plans, controls.Comprehensive plans, capital
8773	8773	improvement programs, sewer policy plans and official controls of local governmental units adopted
8774	8774	prior to the requirements of sections 462.355, 473.175, and 473.851 to 473.871 shall remain in
8775	8775	force and effect until amended, repealed or superseded by plans or controls adopted pursuant to
8776	8776	sections 462.355, 473.175, and 473.851 to 473.871. Existing comprehensive plans, capital
8777	8777	improvement programs, sewer policy plans, and official controls may be amended and new capital
8778	8778	improvement programs and official controls may be prepared and adopted prior to the submission
8779	8779	to the council of comprehensive plans required by sections 462.355, 473.175, and 473.851 to
8780	8780	473.871.
8781	8781	473.859 COMPREHENSIVE PLAN CONTENT.
8782	8782	Subdivision 1.Contents.The comprehensive plan shall contain objectives, policies, standards
8783	8783	and programs to guide public and private land use, development, redevelopment and preservation
8784	8784	for all lands and waters within the jurisdiction of the local governmental unit through 1990 and
8785	8785	may extend through any year thereafter which is evenly divisible by five. Each plan shall specify
8786	8786	expected industrial and commercial development, planned population distribution, and local public
8787	8787	facility capacities upon which the plan is based. Each plan shall contain a discussion of the use of
8788	8788	the public facilities specified in the metropolitan system statement and the effect of the plan on
8789	8789	adjacent local governmental units and affected school districts. Existing plans and official controls
8790	8790	may be used in whole or in part following modification, as necessary, to satisfy the requirements
8791	8791	of sections 462.355, 473.175, and 473.851 to 473.871. Each plan may contain an intergovernmental
8792	8792	coordination element that describes how its planned land uses and urban services affect other
8793	8793	communities, adjacent local government units, the region, and the state, and that includes guidelines
8794	8794	for joint planning and decision making with other communities, school districts, and other
8795	8795	jurisdictions for siting public schools, building public facilities, and sharing public services.
8796	8796	Each plan may contain an economic development element that identifies types of mixed use
8797	8797	development, expansion facilities for businesses, and methods for developing a balanced and stable
8798	8798	economic base.
8799	8799	The comprehensive plan may contain any additional matter which may be included in a
8800	8800	comprehensive plan of the local governmental unit pursuant to the applicable planning statute.
8801	8801	35R
8802	8802	APPENDIX
8803	8803	Repealed Minnesota Statutes: 25-01046 Subd. 2.Land use plan.(a) A land use plan must include the water management plan required
8804	8804	by section 103B.235, and shall designate the existing and proposed location, intensity and extent
8805	8805	of use of land and water, including lakes, wetlands, rivers, streams, natural drainage courses, and
8806	8806	adjoining land areas that affect water natural resources, for agricultural, residential, commercial,
8807	8807	industrial and other public and private purposes, or any combination of such purposes.
8808	8808	(b) A land use plan must contain a protection element, as appropriate, for historic sites, the
8809	8809	matters listed in the water management plan required by section 103B.235, and an element for
8810	8810	protection and development of access to direct sunlight for solar energy systems.
8811	8811	(c) A land use plan must also include a housing element containing standards, plans and programs
8812	8812	for providing adequate housing opportunities to meet existing and projected local and regional
8813	8813	housing needs, including but not limited to the use of official controls and land use planning to
8814	8814	promote the availability of land for the development of low and moderate income housing.
8815	8815	(d) A land use plan must also include the local government's goals, intentions, and priorities
8816	8816	concerning aggregate and other natural resources, transportation infrastructure, land use compatibility,
8817	8817	habitat, agricultural preservation, and other planning priorities, considering information regarding
8818	8818	supply from the Minnesota Geological Survey Information Circular No. 46.
8819	8819	(e) A land use plan must also include an inventory and projections pertaining to greenhouse gas
8820	8820	emissions and vehicle miles traveled that are generated from activity that occurs within the local
8821	8821	government's jurisdiction. The inventory and projections must include the emission sources from
8822	8822	transportation, land use, energy use, solid waste, and, where available and applicable, livestock and
8823	8823	agriculture. The inventory and projections must include the estimated impact of strategies, including
8824	8824	efficient land use and compact growth, that reduce or naturally sequester greenhouse gas emissions
8825	8825	across sectors.
8826	8826	Subd. 2a.Application of subdivision 2, paragraph (d).Subdivision 2, paragraph (d), applies
8827	8827	only to land use plans adopted or amended by the governing body in relation to aggregate or when
8828	8828	the governing body is presented with a written application for adoption or amendment of a land
8829	8829	use plan relating to aggregate, from a landowner after August 1, 2001, in the counties of Anoka,
8830	8830	Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
8831	8831	Subd. 3.Public facilities plan.A public facilities plan shall describe the character, location,
8832	8832	timing, sequence, function, use and capacity of existing and future public facilities of the local
8833	8833	governmental unit. A public facilities plan must be in at least such detail as may be necessary to
8834	8834	establish existing or potential effects on or departures from metropolitan system plans and to protect
8835	8835	metropolitan system plans. A public facilities plan shall contain at least the following parts:
8836	8836	(1) a transportation plan describing, designating and scheduling the location, extent, function
8837	8837	and capacity of existing and proposed local public and private transportation services and facilities;
8838	8838	(2) a sewer policy plan describing, designating and scheduling the areas to be sewered by the
8839	8839	public system, the existing and planned capacities of the public system, the standards and conditions
8840	8840	under which the installation of private sewer systems will be permitted, and to the extent practicable,
8841	8841	the areas not suitable for public or private systems because of public health, safety and welfare
8842	8842	considerations;
8843	8843	(3) a parks and open space plan describing, designating and scheduling the existing and proposed
8844	8844	parks and recreation open spaces within the jurisdiction; and
8845	8845	(4) a water supply plan as described in section 103G.291, subdivision 3.
8846	8846	Subd. 4.Implementation program.An implementation program shall describe public programs,
8847	8847	fiscal devices and other specific actions to be undertaken in stated sequence to implement the
8848	8848	comprehensive plan and ensure conformity with metropolitan system plans. An implementation
8849	8849	program must be in at least such detail as may be necessary to establish existing or potential effects
8850	8850	on or departures from metropolitan system plans and to protect metropolitan system plans. An
8851	8851	implementation program shall contain at least the following parts:
8852	8852	(1) a description of official controls, addressing at least the matters of zoning, subdivision, water
8853	8853	supply, and private sewer systems, and a schedule for the preparation, adoption, and administration
8854	8854	of such controls;
8855	8855	(2) a capital improvement program for transportation, sewers, parks, water supply, and open
8856	8856	space facilities; and
8857	8857	36R
8858	8858	APPENDIX
8859	8859	Repealed Minnesota Statutes: 25-01046 (3) a housing implementation program, including official controls to implement the housing
8860	8860	element of the land use plan, which will provide sufficient existing and new housing to meet the
8861	8861	local unit's share of the metropolitan area need for low and moderate income housing.
8862	8862	Subd. 5.Urbanization and redevelopment areas.The comprehensive plans may designate,
8863	8863	when appropriate, five-year urbanization areas and shall specify in the capital improvement program
8864	8864	the timing and sequence of major local public facilities and in the implementation program official
8865	8865	controls which will ensure that urbanization occurs only in urbanization areas and in accordance
8866	8866	with the plan.
8867	8867	The comprehensive plans may designate, when appropriate, redevelopment areas and may, as
8868	8868	appropriate, specify in the capital improvement program the timing and sequence of local public
8869	8869	facilities and in the implementation program the fiscal devices or official controls that will ensure
8870	8870	that redevelopment occurs in accordance with the plan.
8871	8871	Subd. 6.Plan review.The council shall prepare guidelines for the preparation of the water
8872	8872	supply plans required in subdivision 3, clause (4). The plans must be submitted to the council as
8873	8873	part of the decennial review required under section 473.864, subdivision 2. The council shall review
8874	8874	the plans under section 473.175, subdivision 1, after submitting them to affected counties that have
8875	8875	adopted groundwater plans under section 103B.255 for their review and comment.
8876	8876	Subd. 7.Climate mitigation and adaptation.The council must specify how climate mitigation
8877	8877	and adaptation information required pursuant to subdivision 2 and section 473.145 must be
8878	8878	incorporated into comprehensive plan content.
8879	8879	473.86 CITIES.
8880	8880	Except as provided in the metropolitan system statement, comprehensive plans of cities shall
8881	8881	include the matters specified in section 473.859.
8882	8882	473.861 TOWNS.
8883	8883	Subdivision 1.As in section 473.859.Except as provided in the metropolitan system statement,
8884	8884	comprehensive plans of towns shall include the matters specified in section 473.859.
8885	8885	Subd. 2.Plan preparation.Each town within the counties of Anoka, Carver, Dakota, Scott,
8886	8886	and Washington, authorized to plan under sections 462.351 to 462.364, or under special law, shall
8887	8887	by resolution determine whether it will prepare the comprehensive plan for its jurisdiction. Each
8888	8888	such town also shall specify, pursuant to agreement with the county within which it is situated, any
8889	8889	parts of its plan and official controls, if any, the preparation of which it delegates to the county.
8890	8890	Subd. 3.Use county.Towns within counties which have adopted comprehensive plans applicable
8891	8891	to the town shall, to the maximum extent, use county preparation of their comprehensive plans.
8892	8892	473.862 METRO COUNTIES OTHER THAN HENNEPIN, RAMSEY, ANOKA, AND
8893	8893	DAKOTA.
8894	8894	Subdivision 1.Contents of plan.Comprehensive plans of counties shall contain at least the
8895	8895	following:
8896	8896	(a) Except for the counties of Hennepin, Ramsey, Anoka, and Dakota, a land use plan as specified
8897	8897	in section 473.859, subdivision 2, for all unincorporated territory within the county;
8898	8898	(b) A public facilities plan which shall include all appropriate matters specified in section
8899	8899	473.859, subdivision 3, including a transportation plan, and a description of existing and projected
8900	8900	solid waste disposal sites and facilities;
8901	8901	(c) An implementation program, as specified in section 473.859, subdivision 4.
8902	8902	Subd. 2.Town planning.Each county other than Hennepin, Ramsey, Anoka, and Dakota shall
8903	8903	prepare, with the participation and assistance of the town, the comprehensive plan for any town
8904	8904	within the county which has not taken action by resolution pursuant to section 473.861, subdivision
8905	8905	2 and shall prepare all or part of any plan delegated to it pursuant to section 473.861, subdivision
8906	8906	2.
8907	8907	Subd. 3.Towns that cannot plan.Each county other than Hennepin, Ramsey, Anoka, and
8908	8908	Dakota shall prepare, with the participation and assistance of the town, the comprehensive plan for
8909	8909	each town within the county not authorized to plan under sections 462.351 to 462.364, or under
8910	8910	special law.
8911	8911	37R
8912	8912	APPENDIX
8913	8913	Repealed Minnesota Statutes: 25-01046 473.864 PLANS; ADOPTION; AMENDMENT .
8914	8914	Subdivision 1.When adopted.Each local governmental unit shall adopt its comprehensive
8915	8915	plan with required modifications within nine months following a final decision, order, or judgment
8916	8916	made pursuant to section 473.866.
8917	8917	Subd. 2.Decennial review.By December 31, 1998, and at least once every ten years thereafter,
8918	8918	each local governmental unit shall review and, if necessary, amend its entire comprehensive plan
8919	8919	and its fiscal devices and official controls. Such review and, if necessary, amendment shall ensure
8920	8920	that, as provided in section 473.865, the fiscal devices and official controls of each local government
8921	8921	unit are not in conflict with its comprehensive plan. Upon completion of review and, if necessary,
8922	8922	amendment of its comprehensive plan, fiscal devices, and official controls as required by this
8923	8923	section, each local government unit shall either:
8924	8924	(a) submit to the Metropolitan Council the entire current comprehensive plan together with
8925	8925	written certification by the governing body of the local government unit that it has complied with
8926	8926	this section and that no amendments to its plan or fiscal devices or official controls are necessary;
8927	8927	or
8928	8928	(b)(1) submit the entire updated comprehensive plan and amendment or amendments to its
8929	8929	comprehensive plan necessitated by its review to the Metropolitan Council for review; and
8930	8930	(2) submit the amendment or amendments to its fiscal devices or official controls necessitated
8931	8931	by its review to the Metropolitan Council for information purposes as provided by section 473.865.
8932	8932	Except as otherwise provided in this paragraph, local governments shall consider, in preparing
8933	8933	their updated comprehensive plans, amendments to metropolitan system plans in effect on December
8934	8934	31, 1996. For metropolitan system plans, or amendments thereto, adopted after December 31, 1996,
8935	8935	local governments shall review their comprehensive plans to determine if an amendment is necessary
8936	8936	to conform to the metropolitan system plans. If an amendment is necessary, the local government
8937	8937	shall prepare the amendment and submit it to the council for review by September 30, 1999, or nine
8938	8938	months after the council transmits the metropolitan system plan amendment to the local government,
8939	8939	whichever is later.
8940	8940	The periodic review required in this subdivision shall be in addition to the review required by
8941	8941	section 473.856.
8942	8942	The Metropolitan Council may grant extensions to local government units in order to allow
8943	8943	local government units to complete the review and, if necessary, amendment required by this
8944	8944	subdivision. Such extensions, if granted by the Metropolitan Council, must include a timetable and
8945	8945	plan for completion of the review and amendment.
8946	8946	Amendments to comprehensive plans of local governmental units shall be prepared, submitted,
8947	8947	and adopted in conformance with guidelines adopted by the Metropolitan Council pursuant to
8948	8948	section 473.854.
8949	8949	473.865 ADOPTION; CONFLICTS, AMENDMENT OF CONTROLS, DEVICES.
8950	8950	Subdivision 1.Control copies to council.Each local governmental unit shall adopt official
8951	8951	controls as described in its adopted comprehensive plan and shall submit copies of the official
8952	8952	controls to the council within 30 days following adoption thereof, for information purposes only.
8953	8953	Subd. 2.No conflict with plans.A local governmental unit shall not adopt any official control
8954	8954	or fiscal device which is in conflict with its comprehensive plan or which permits activity in conflict
8955	8955	with metropolitan system plans.
8956	8956	Subd. 3.Amendments.If an official control conflicts with a comprehensive plan as the result
8957	8957	of an amendment to the plan, the official control shall be amended by the unit within nine months
8958	8958	following the amendment to the plan so as to not conflict with the amended comprehensive plan.
8959	8959	473.866 CONTESTED CASES; ADMINISTRATIVE AND JUDICIAL REVIEW.
8960	8960	The council's decision to require modification under section 473.175 may be contested by the
8961	8961	affected local governmental unit. The unit shall have 60 days within which to request a hearing on
8962	8962	the council's decision to require modification. If within 60 days the unit has not requested a hearing,
8963	8963	the council shall make its final decision with respect to the required modifications. If an affected
8964	8964	unit requests a hearing, the request for hearing shall be granted, and the hearing shall be conducted
8965	8965	within 60 days by the state Office of Administrative Hearings in the manner provided by chapter
8966	8966	14 for contested cases. The 60-day period within which the hearing shall be conducted may be
8967	8967	38R
8968	8968	APPENDIX
8969	8969	Repealed Minnesota Statutes: 25-01046 extended by mutual agreement of the council and the affected local governmental unit. The subject
8970	8970	of the hearing shall not extend to questions concerning the need for or reasonableness of the
8971	8971	metropolitan system plans or any part thereof. In the report of the administrative law judge the costs
8972	8972	of the hearing shall be apportioned among the parties to the proceeding. Within 30 days after the
8973	8973	receipt of the report the council shall, by resolution containing findings of fact and conclusions,
8974	8974	make a final decision with respect to the required modifications of the comprehensive plan. Any
8975	8975	party to the proceeding aggrieved by the decision of the council may appeal to the court in the
8976	8976	manner provided in chapter 14 for contested cases. The record on appeal shall consist of: (1) the
8977	8977	administrative law judge's record and report, and (2) the findings, conclusions and final decision
8978	8978	of the council. The scope of review shall be that of section 14.69, provided that: (1) the court shall
8979	8979	not give preference to either the administrative law judge's record and report or the findings,
8980	8980	conclusions and final decision of the council, and (2) the decision of the court shall be based upon
8981	8981	a preponderance of the evidence as contained in the record on appeal. The costs of the appeal shall
8982	8982	be apportioned by the court.
8983	8983	473.867 PLANNING ASSISTANCE; GRANTS; LOANS.
8984	8984	Subdivision 1.Advisory materials, models, assistance.The council shall prepare and provide
8985	8985	advisory materials, model plan provisions and official controls, and on the request of a local
8986	8986	governmental unit may provide assistance, to accomplish the purposes of sections 462.355, 473.175,
8987	8987	and 473.851 to 473.871. The council may also provide specific technical and legal assistance in
8988	8988	connection with the preparation, adoption and defense of plans, programs, and controls.
8989	8989	Subd. 2.Planning assistance fund.The council may establish a planning assistance fund as a
8990	8990	separate bookkeeping account in its general fund for the purpose of making grants and loans to
8991	8991	local governmental units under this section. The council shall adopt uniform procedures for the
8992	8992	award, disbursement and repayment of grants and loans.
8993	8993	Subd. 3.Loans, grants.Local governmental units may apply, contract for and receive loans
8994	8994	and grants as provided herein, and the provisions of chapter 475 shall not apply to loans made
8995	8995	pursuant hereto. Applications for grants and loans shall be submitted to the council describing the
8996	8996	activities for which the grant or loan funds will be used; the persons which the grantee or borrower
8997	8997	plans to use in performing the grant contract; services and activities which will be paid for by funds
8998	8998	of the grantee or borrower; the grantee or borrower's need and ability to pay for the contract services;
8999	8999	and other information as the council may reasonably request. Grants and loans shall be made subject
9000	9000	to contracts between the council and the recipient specifying the use and disbursement of the funds
9001	9001	and, for loans, the terms and conditions of repayment, and other appropriate matters. In making
9002	9002	grants and loans, the council shall base its decisions on the recipient's demonstrated need and
9003	9003	available financial resources.
9004	9004	Subd. 5.Loan terms.Loans made by the council shall be payable on such terms and conditions
9005	9005	as the council determines appropriate, provided that no loan shall carry an interest rate nor be for
9006	9006	a term in excess of five years. Funds received in payment of loans shall be credited to the planning
9007	9007	assistance fund and shall be used for additional loans or grants under this section.
9008	9008	Subd. 6.Assistance for plan updates.The council shall give priority for the use of loan and
9009	9009	grant funds available under this section to local governmental units for review and amendment of
9010	9010	local comprehensive plans and fiscal devices and official controls, as required by section 473.864,
9011	9011	subdivision 2. The council shall consult with affected local government units to evaluate the need
9012	9012	for technical and financial assistance.
9013	9013	473.869 EXTENSION.
9014	9014	A local governmental unit may by resolution request that the council extend the time for fulfilling
9015	9015	the requirements of sections 462.355, subdivision 1a, 473.175, and 473.851 to 473.871. A request
9016	9016	for extension shall be accompanied by a description of the activities previously undertaken by a
9017	9017	local governmental unit in fulfillment of the requirements of sections 462.355, 473.175, and 473.851
9018	9018	to 473.871, and an explanation of the reasons necessitating and justifying the request. Upon a finding
9019	9019	of exceptional circumstances or undue hardship, the council may, in its discretion, grant by resolution
9020	9020	a request for extension and may attach reasonable requirements or conditions to the extension.
9021	9021	473.87 LEVY FOR INCREASED COSTS.
9022	9022	The increased costs to a municipality of implementing sections 473.175; 473.858, subdivisions
9023	9023	1 to 3; 473.859 to 473.862; and 473.866 shall be deemed a levy and the proceeds of any tax levied
9024	9024	under this section shall be deposited in the municipal treasury in a separate fund and expended only
9025	9025	for the purposes authorized by this section.
9026	9026	39R
9027	9027	APPENDIX
9028	9028	Repealed Minnesota Statutes: 25-01046 473.871 NEW MUNICIPAL SEWER SYSTEMS.
9029	9029	Notwithstanding the provisions of sections 462.355, 473.175, and 473.851 to 473.871 the council
9030	9030	shall have no authority under this chapter to require a local governmental unit to construct a new
9031	9031	sewer system.
9032	9032	473.915 PROCUREMENTS.
9033	9033	All proposed Metropolitan Council procurements over $125,000,000 must be reviewed by the
9034	9034	members of the Legislative Advisory Commission under section 3.30 and the ranking minority
9035	9035	members of the house of representatives and senate committees or divisions responsible for
9036	9036	overseeing the items subject to the proposed procurement. The chair of the Metropolitan Council
9037	9037	shall give notice to the Legislative Advisory Commission secretary when a procurement over
9038	9038	$125,000,000 is being considered. The commission shall take testimony on the procurements.
9039	9039	473F.02 DEFINITIONS.
9040	9040	Subd. 21.Metropolitan Council."Metropolitan Council" or "council" means the Metropolitan
9041	9041	Council created by section 473.123.
9042	9042	473F.08 NET TAX CAPACITY.
9043	9043	Subd. 3b.Livable communities fund.(a) The Hennepin County auditor shall certify the city
9044	9044	of Bloomington's interest payments for 1987 for the bonds which were sold for highway
9045	9045	improvements pursuant to Laws 1986, chapter 391, section 2, paragraph (g), and which were certified
9046	9046	as an addition to the city of Bloomington's areawide levy for taxes payable in 1988.
9047	9047	(b) For taxes payable in 1996 through taxes payable in 1999, the Hennepin County auditor shall
9048	9048	certify the amount calculated by subtracting the amount certified under subdivision 3a from the
9049	9049	amount in paragraph (a). For taxes payable in 2000 and subsequent years, the Hennepin County
9050	9050	auditor shall certify the amount calculated in paragraph (a).
9051	9051	(c) The Metropolitan Council may annually certify to the Ramsey County auditor the amount
9052	9052	calculated under paragraph (b), or a lesser amount, but not to exceed $5,000,000, to be used to
9053	9053	provide funds for the cleanup of polluted lands in the metropolitan area.
9054	9054	(d) The amount certified under paragraph (c) shall be certified annually by the Ramsey County
9055	9055	auditor to the administrative auditor as an addition to the Metropolitan Council's areawide levy
9056	9056	under subdivision 5.
9057	9057	473H.02 DEFINITIONS.
9058	9058	Subd. 7.Long-term agricultural land."Long-term agricultural land" means land in the
9059	9059	metropolitan area designated for agricultural use in local or county comprehensive plans adopted
9060	9060	and reviewed pursuant to sections 473.175, and 473.851 to 473.871, and which has been zoned
9061	9061	specifically for agricultural use permitting a maximum residential density of not more than one unit
9062	9062	per quarter/quarter.
9063	9063	Subd. 8.Metropolitan area."Metropolitan area" has the meaning given it in section 473.121,
9064	9064	subdivision 2.
9065	9065	473J.25 METROPOLITAN SPORTS FACILITIES COMMISSION ASSETS;
9066	9066	LIABILITIES TO AUTHORITY.
9067	9067	Subd. 5.Conforming changes.The Metropolitan Sports Facilities Commission shall submit a
9068	9068	technical bill to the 2013 legislature making any cross-reference, grammatical, or other conforming
9069	9069	changes necessary as a result of Laws 2012, chapter 299. This bill shall be submitted by February
9070	9070	12, 2013.
9071	9071	40R
9072	9072	APPENDIX
9073	9073	Repealed Minnesota Statutes: 25-01046 5800.0010PURPOSE.
9074	9074	Minnesota Statutes, section 473.173, requires that the Metropolitan Council adopt and
9075	9075	put into effect rules establishing standards, guidelines, and procedures for determining
9076	9076	whether any proposed project is of metropolitan significance. This chapter will be used in
9077	9077	the review of all such projects. The purpose of this chapter is to assure that the total effect
9078	9078	of a proposed project alleged to be of metropolitan significance is considered and the orderly
9079	9079	and economic development of the area is promoted. It is not the council's intent to use this
9080	9080	chapter to stop development, but rather to work out differences among parties and arrive at
9081	9081	consensus.
9082	9082	5800.0020DEFINITIONS.
9083	9083	Subpart 1.Scope.As used in this chapter, the following terms have the meanings
9084	9084	given them.
9085	9085	Subp. 2.Adjacent governmental unit."Adjacent governmental unit" means all local
9086	9086	governmental units and independent commissions whose jurisdiction includes or adjoins,
9087	9087	in whole or in part, that of the governmental unit(s) in which the proposed project is located.
9088	9088	Subp. 3.Affected governmental unit, state agency, or metropolitan
9089	9089	agency."Affected governmental unit," "state agency," or "metropolitan agency" means all
9090	9090	local governmental units, independent commissions, and state or metropolitan agencies
9091	9091	whose legal rights, duties, or privileges may be substantially affected by a proposed project.
9092	9092	Subp. 4.Bad faith."Bad faith" means a conscious and willful decision to act in a
9093	9093	manner intending to mislead, deceive, or distort the truth, including but not limited to making
9094	9094	a claim which one knows to be groundless or unfounded.
9095	9095	Subp. 5.Chair."Chair" means the chair of the Metropolitan Council.
9096	9096	Subp. 6.Commercial-agricultural area."Commercial-agricultural area" means those
9097	9097	lands certified by local governments as eligible for agricultural preserves under the
9098	9098	Agricultural Preserves Act, Minnesota Statutes, sections 473H.01 to 473H.18.
9099	9099	Subp. 7.Comprehensive plan or local comprehensive plan."Comprehensive plan"
9100	9100	or "local comprehensive plan" means a comprehensive plan of a local governmental unit
9101	9101	as required by the Metropolitan Land Planning Act, Minnesota Statutes, sections 473.851
9102	9102	to 473.871.
9103	9103	Subp. 8.Comprehensive sewer plan."Comprehensive sewer plan" means a plan
9104	9104	required by the Metropolitan Waste Control Commission which describes the collection,
9105	9105	treatment, and disposal of all sanitary sewage, including the installation, operation, and
9106	9106	maintenance of on-site sewage disposal facilities.
9107	9107	Subp. 9.Independent commission, board, or agency."Independent commission,"
9108	9108	"board," or "agency" means governmental entities with jurisdictions lying in whole or in
9109	9109	part within the metropolitan area, including independent or special school districts whose
9110	9110	administrative offices were located within the metropolitan area as of April 15, 1976, but
9111	9111	not including the metropolitan agencies.
9112	9112	Subp. 10.Land Use Advisory Committee or advisory committee."Land Use
9113	9113	Advisory Committee" or "advisory committee" means an advisory committee established
9114	9114	by the Metropolitan Council pursuant to Minnesota Statutes, section 473.853.
9115	9115	Subp. 11.Local governmental unit or unit."Local governmental unit" or "unit"
9116	9116	means any city, town, county, school district, special district, or other political subdivision
9117	9117	or public corporation, other than a metropolitan agency, lying in whole or part within the
9118	9118	metropolitan area.
9119	9119	Subp. 12.Mainline."Mainline" means those lanes of a highway that carry through
9120	9120	traffic.
9121	9121	41R
9122	9122	APPENDIX
9123	9123	Repealed Minnesota Rules: 25-01046 Subp. 13.Metropolitan agency."Metropolitan agency" means the Metropolitan
9124	9124	Waste Control Commission, the Regional Transit Board, the Metropolitan Transit
9125	9125	Commission, and other agencies as the legislature may designate.
9126	9126	Subp. 14.Metropolitan area."Metropolitan area" means the area over which the
9127	9127	Metropolitan Council has jurisdiction, including only the counties of Anoka, Carver, Dakota
9128	9128	excluding the city of Northfield, Hennepin excluding the city of Hanover, Ramsey, Scott
9129	9129	excluding the city of New Prague, and Washington.
9130	9130	Subp. 15.Metropolitan Council or council."Metropolitan Council" or "council"
9131	9131	means the Metropolitan Council established by Minnesota Statutes, section 473.123.
9132	9132	Subp. 16.Metropolitan Development Guide."Metropolitan Development Guide"
9133	9133	means the comprehensive development guide prepared by the council to achieve the orderly
9134	9134	and economic development of the metropolitan area.
9135	9135	Subp. 17.Metropolitan highway."Metropolitan highway" means those highways
9136	9136	identified in the Transportation Guide/Policy Plan to serve the region. They include both
9137	9137	interstate freeways and major arterials.
9138	9138	Subp. 18.Metropolitan system."Metropolitan system" means the regional airport,
9139	9139	transportation, sewer, recreation open space, and solid waste facilities and plans for facilities
9140	9140	outlined in the Metropolitan Development Guide.
9141	9141	Subp. 19.Metropolitan significance review or significance review."Metropolitan
9142	9142	significance review" or "significance review" means a review conducted by the Metropolitan
9143	9143	Council according to this chapter.
9144	9144	Subp. 20.Party."Party" means the requester, sponsor, and local governmental unit(s)
9145	9145	in which the proposed project is located and any person whose legal rights, duties, or
9146	9146	privileges may be substantially affected by a significance review who is admitted as a party
9147	9147	by the significance review committee, administrative law judge, or council. The council
9148	9148	will not be a party to a significance review except when it initiates the review.
9149	9149	Subp. 21.Person."Person" means any individual, association, trust, partnership, joint
9150	9150	venture, public or private corporation, metropolitan agency, local governmental unit,
9151	9151	independent commission, state agency, government or governmental subdivision, unit, or
9152	9152	agency other than a court of law.
9153	9153	Subp. 22.Petition."Petition" means a document containing signatures submitted to
9154	9154	the council according to the procedures for initiation of a significance review, which contains,
9155	9155	at the time that the signatures are added, a description of what the petition is for, a reference
9156	9156	to the metropolitan significance rules, and a brief summary of the reason for the petition.
9157	9157	Subp. 23.Phased proposed project."Phased proposed project" means a proposed
9158	9158	project which is divided into separate stages or segments, one or more of which may be of
9159	9159	metropolitan significance.
9160	9160	Subp. 24.Policy plan or guide chapter."Policy plan" or "guide chapter" means the
9161	9161	Metropolitan Development Guide chapter adopted pursuant to Minnesota Statutes, section
9162	9162	473.145, the policy plans for metropolitan agencies adopted pursuant to Minnesota Statutes,
9163	9163	section 473.146, the Recreation Open Space Development Guide/Policy Plan, adopted
9164	9164	pursuant to Minnesota Statutes, section 473.147, the Solid Waste Management Development
9165	9165	Guide/Policy Plan, adopted pursuant to Minnesota Statutes, section 473.149, and amendments
9166	9166	to any of these plans. These plans or chapters are incorporated by reference in this chapter.
9167	9167	They are available through the Minitex interlibrary loan system and subject to frequent
9168	9168	change. The policy plans or guide chapters referenced in any metropolitan significance
9169	9169	review will be those in effect at the time the review is initiated.
9170	9170	Subp. 25.Proposed project."Proposed project" means a project or action involving
9171	9171	the construction, installation, establishment, siting, demolition, reconstruction, or
9172	9172	improvement of any structure or facility, or the subdivision or drilling, extraction, clearing,
9173	9173	42R
9174	9174	APPENDIX
9175	9175	Repealed Minnesota Rules: 25-01046 excavation, or other alteration of any lands or waters, planned or proposed to be undertaken,
9176	9176	in whole or in part within the metropolitan area, by any person.
9177	9177	Subp. 26.Public agency."Public agency" means a local governmental unit,
9178	9178	metropolitan agency, independent commission, state agency, or any government or
9179	9179	governmental subdivision, unit, or agency other than a court of law.
9180	9180	Subp. 27.Publicly subsidized; public subsidy."Publicly subsidized" means a direct
9181	9181	expenditure or in kind contribution by a state, regional, or local governmental unit to a
9182	9182	private project (one that is not publicly financed) for any purpose for which the governmental
9183	9183	unit is not reimbursed; or a long-term loan by a state, regional, or local governmental unit
9184	9184	to a private project. Public subsidy is determined by how the funds are used and not by the
9185	9185	source of the revenues provided. Public subsidy includes, but is not limited to, the purposes
9186	9186	in items A to E.
9187	9187	A.Construction of utility improvements without special assessment to the benefited
9188	9188	properties of 20 percent or more of the total collective cost of the improvement.
9189	9189	B.Acquisition of property and site development, including demolition, clearance,
9190	9190	and relocation together with transfer of title to the property to a private party at a price below
9191	9191	the actual costs of acquisition and development.
9192	9192	C.Construction of private, on-site improvements including drainage facilities,
9193	9193	site grading, parking, lighting, landscaping, and related improvements.
9194	9194	D.Construction or payment for construction of buildings to be used by one or
9195	9195	more private parties for commercial or industrial purposes. Construction may include parking
9196	9196	facilities, foundations, building construction, interior furnishings, equipment, and related
9197	9197	costs.
9198	9198	E.Construction or reconstruction of a county state aid or state trunk highway
9199	9199	improvement that is determined necessary to serve increased traffic from a major private
9200	9200	project. Highway improvements may include roadway upgrading, bridges, overpasses,
9201	9201	entrance and exit roadway improvements, and other improvements.
9202	9202	Public subsidy does not include land sold at market value but below the local
9203	9203	governmental unit's cost of acquiring and preparing the land for sale.
9204	9204	Subp. 28.Publicly financed facility."Publicly financed facility" means a facility
9205	9205	where a governmental jurisdiction has an ongoing obligation to pay operating costs or debt
9206	9206	service for the facility or the ultimate responsibility to pay off bonds should other revenue
9207	9207	sources fail.
9208	9208	Subp. 29.Requester."Requester" means any person requesting the initiation of a
9209	9209	metropolitan significance review.
9210	9210	Subp. 30.Review period."Review period" means the 90-day period for a metropolitan
9211	9211	significance review which begins on the effective date of an order to commence a significance
9212	9212	review and automatically terminates on the 90th day following unless a suspension or
9213	9213	extension of the review period is authorized under part 5800.0100, subpart 1 or 5800.0140,
9214	9214	subparts 4 and 6.
9215	9215	Subp. 31.Service or serve."Service" or "serve" means personal service or service
9216	9216	by first class United States mail, postage prepaid and addressed to the person or party at the
9217	9217	last known address of the person or party. Service by mail will be complete upon the placing
9218	9218	of the item to be served in the mail.
9219	9219	Subp. 32.Sewer policy plan."Sewer policy plan" means a component of the local
9220	9220	comprehensive plan which describes the areas to be sewered with public facilities and a
9221	9221	schedule for providing service to them, existing flows and flow projections for the public
9222	9222	sewer system, standards and conditions for the installation of private systems, and areas not
9223	9223	suitable for public or private systems.
9224	9224	43R
9225	9225	APPENDIX
9226	9226	Repealed Minnesota Rules: 25-01046 Subp. 33.Sponsor."Sponsor" means any person proposing to undertake or develop
9227	9227	a proposed project.
9228	9228	Subp. 34.State agency."State agency" means the state of Minnesota or any agency,
9229	9229	board, commission, department, or educational institution of the state.
9230	9230	Subp. 35.Substantial."Substantial" is a relative term. It imports a considerable
9231	9231	amount or value in opposition to that which is inconsequential or small, something serious
9232	9232	as opposed to trivial, something essential, material, or fundamental.
9233	9233	5800.0030STANDARDS FOR REVIEW.
9234	9234	Unless a proposed project is exempt, the chair of the Metropolitan Council must issue
9235	9235	a preliminary finding of metropolitan significance if a proposed project may cause any of
9236	9236	the effects listed in part 5800.0040. The same criteria will be used by the council when it
9237	9237	makes the final determination of metropolitan significance following the council review
9238	9238	process. A proposed project may be found to be of metropolitan significance only if it meets
9239	9239	one or more of these criteria.
9240	9240	5800.0040CRITERIA TO FIND METROPOLITAN SIGNIFICANCE.
9241	9241	Subpart 1.Generally.For the purposes of parts 5800.0070 and 5800.0130, a proposed
9242	9242	project listed in subparts 2 to 4 has metropolitan significance if the requirements of the
9243	9243	applicable subpart are met.
9244	9244	Subp. 2.Proposed project affecting a metropolitan system.A proposed project
9245	9245	affecting a metropolitan system has metropolitan significance if it:
9246	9246	A.May result in a substantial change in the timing, staging, and capacity or service
9247	9247	area of local facilities in a council-approved local sewer policy plan or comprehensive sewer
9248	9248	plan.
9249	9249	B.May result in a wastewater flow that substantially exceeds the flow projection
9250	9250	for the local governmental unit as indicated in the Water Resources Management
9251	9251	Development Guide/Policy Plan, Part 1. Sewage Treatment and Handling.
9252	9252	C.May require a new national pollution discharge elimination system permit or
9253	9253	state disposal system permit or a substantial change to an existing permit.
9254	9254	D.May result in substantially less restrictive standards and conditions to be adopted
9255	9255	for the installation or management of private on-site sewer facilities than those described
9256	9256	in the comprehensive plan.
9257	9257	E.May have a substantial impact on the use of regional recreation and open space
9258	9258	facilities or natural resources within the regional recreation open space system. Impacts on
9259	9259	the use of recreation and open space facilities include but are not limited to traffic, safety,
9260	9260	noise, visual obstructions (for example, to scenic overlooks), impaired use of the facilities,
9261	9261	or interference with the operation or maintenance of the facilities. Impacts on natural
9262	9262	resources include but are not limited to the impact on the level, flow, or quality of a facility's
9263	9263	water resources (lakes, streams, wetlands) and impact on a facility's wildlife populations or
9264	9264	habitats (migration routes, breeding sites, plant communities).
9265	9265	F.May preclude or substantially limit the future acquisition of land in an area
9266	9266	identified in the capital improvement program of the council's Recreation Open Space
9267	9267	Development Guide/Policy Plan.
9268	9268	G.May substantially affect either the function of a metropolitan airport identified
9269	9269	in the council's Aviation Development Guide/Policy Plan or the land use within an airport
9270	9270	search area.
9271	9271	H.Is substantially inconsistent with the "Guidelines for Land Use Compatibility
9272	9272	with Aircraft Noise" contained in the Aviation Development Guide/Policy Plan.
9273	9273	44R
9274	9274	APPENDIX
9275	9275	Repealed Minnesota Rules: 25-01046 I.May result in a substantial change to existing or proposed metropolitan highways,
9276	9276	highway interchanges, or intersections with metropolitan highways, or to local roadways
9277	9277	that have interchanges with metropolitan highways. Substantial changes to the mainline,
9278	9278	interchanges, and intersections include an increase in volume that will overload the facility,
9279	9279	or a difference in timing, design, or location from that indicated in the Transportation
9280	9280	Guide/Policy Plan. Changes to local roadways include changes in timing, staging, volume,
9281	9281	capacity, design, location, or functional classification.
9282	9282	J.May result in a substantial change in transit service or facilities inconsistent
9283	9283	with the Transportation Guide/Policy Plan.
9284	9284	K.May have a substantial impact on the use of solid waste facilities identified in
9285	9285	the Solid Waste Management Development Guide/Policy Plan. Impacts on the use of these
9286	9286	facilities include, but are not limited to, disruption of planned facility staging, facility access,
9287	9287	or other interference with the operation and maintenance of the facilities.
9288	9288	Subp. 3.Proposed publicly subsidized project.A proposed publicly subsidized
9289	9289	project has metropolitan significance if it may threaten a publicly financed facility.
9290	9290	Subp. 4.Proposed project affecting a local governmental unit.A proposed project
9291	9291	affecting a local governmental unit has metropolitan significance if it:
9292	9292	A.May have a substantial physical effect on a local governmental unit other than
9293	9293	the local unit in which the proposed project is located. More specifically, a proposed project
9294	9294	may be of metropolitan significance if it adversely affects existing or proposed land use or
9295	9295	development in another local government with respect to traffic, stormwater runoff,
9296	9296	groundwater pollution, air or noise pollution, increased security needs (police, fire) or other
9297	9297	similar impacts.
9298	9298	B.May result in the substantial disruption of agricultural use in the
9299	9299	commercial-agricultural area of a local governmental unit other than the local unit in which
9300	9300	the proposed project is located.
9301	9301	5800.0050EXEMPT PROJECTS.
9302	9302	Subpart 1.Generally.The chair will not commence a metropolitan significance review
9303	9303	if a proposed project falls in one or more of the exempt categories in subparts 2 to 5.
9304	9304	Subp. 2.Local comprehensive plan exemption.A proposed project that is consistent
9305	9305	with a council-approved local comprehensive plan is exempt from review for metropolitan
9306	9306	system effects. The council shall determine whether a proposed project is consistent for
9307	9307	system effects with the local plan.
9308	9308	Subp. 3.Previous approval.Any proposed project of a metropolitan agency or the
9309	9309	Metropolitan Airports Commission which is within an area of that agency's operational
9310	9310	authority or which has been or will be subject to approval by the council as part of a regional
9311	9311	policy plan; any proposed project which has been previously approved by the council in
9312	9312	accordance with Minnesota Statutes, section 473.167; or any proposed project for which a
9313	9313	final determination has been made in a metropolitan significance review is exempt from
9314	9314	review unless the proposed project has been materially altered subsequent to the final
9315	9315	determination.
9316	9316	Subp. 4.Emergency project.Any proposed project which must be immediately
9317	9317	undertaken to prevent or mitigate an emergency is exempt from review. The following
9318	9318	standards will form the basis for determining if an emergency exists:
9319	9319	A.the degree to which the alleged emergency circumstances were foreseeable;
9320	9320	B.whether alternate means can alleviate the emergency; and
9321	9321	C.the probable effect of the proposed project in mitigating the emergency
9322	9322	circumstances.
9323	9323	45R
9324	9324	APPENDIX
9325	9325	Repealed Minnesota Rules: 25-01046 Subp. 5.Minor alterations.Any proposed project consisting exclusively of
9326	9326	administrative or maintenance activity or a negligible improvement, expansion, or change
9327	9327	of use or use intensity is exempt from review.
9328	9328	Subp. 6.Lapse of time; vested rights.Any proposed project for which 30 days have
9329	9329	elapsed since a negative declaration on an Environmental Assessment Worksheet as described
9330	9330	in part 4410.1700, or a determination of adequacy on an Environmental Impact Statement
9331	9331	as described in part 4400.2800, or in the event no environmental review is required, any
9332	9332	proposed project for which 30 days have elapsed since a local governmental unit has approved
9333	9333	a plan amendment or rezoning to accommodate the proposed project is exempt from review.
9334	9334	A metropolitan significance review cannot be initiated on any proposed project where a
9335	9335	sponsor has vested rights.
9336	9336	5800.0060INITIATION OF REVIEW.
9337	9337	Subpart 1.By requesters.A metropolitan significance review may be requested by:
9338	9338	A.a resolution from the unit of government in which the proposed project is
9339	9339	located;
9340	9340	B.a resolution from an affected local governmental unit, school district, or other
9341	9341	independent commission;
9342	9342	C.a petition signed by the smaller of the following: at least 5,000 residents of the
9343	9343	metropolitan area 18 years of age or older, or that number of residents 18 years of age or
9344	9344	older of an affected local governmental unit which equals or exceeds 50 percent of the
9345	9345	number of persons who voted in that affected governmental unit during the most recently
9346	9346	held state general election. The petition must designate at least one and no more than three
9347	9347	persons to act as requesters on behalf of the petitioner;
9348	9348	D.a resolution or letter from a duly authorized executive officer or governing
9349	9349	body of state agency;
9350	9350	E.a resolution or letter from a duly authorized executive officer or governing
9351	9351	body of a sponsor; or
9352	9352	F.a resolution from an affected metropolitan agency.
9353	9353	Subp. 2.By council.The council may review proposed projects of metropolitan
9354	9354	significance regardless of whether the council has received a request to initiate a review.
9355	9355	Subp. 3.Information submission.A request for review under subpart 1 must be
9356	9356	accompanied by an information submission. The purpose of the information submission is
9357	9357	to demonstrate an arguable claim of metropolitan significance. An information submission
9358	9358	must contain the following:
9359	9359	A.the names and addresses of the requester, the sponsor, and the governmental
9360	9360	unit(s) in which the proposed project is located;
9361	9361	B.a description of the proposed project including its planned character, location,
9362	9362	function, use, and size;
9363	9363	C.a statement of the criteria contained in the appropriate subpart of part 5800.0040
9364	9364	which cause the proposed project to be of metropolitan significance, and a discussion of
9365	9365	why it is not exempt; and
9366	9366	D.a statement of the effect the proposed project will have on metropolitan systems
9367	9367	or existing or planned land use or development, or if publicly subsidized, the effects on a
9368	9368	publicly financed facility, including the facts and opinion upon which the statement is based.
9369	9369	5800.0070PRELIMINARY FINDING OF METROPOLITAN SIGNIFICANCE.
9370	9370	Subpart 1.Review of information submission.Upon receipt of a request accompanied
9371	9371	by an information submission, the chair must within ten working days examine the materials
9372	9372	46R
9373	9373	APPENDIX
9374	9374	Repealed Minnesota Rules: 25-01046 and make a preliminary finding of metropolitan significance based on the following
9375	9375	requirements:
9376	9376	A.the request complies with and satisfies the requirements of part 5800.0060;
9377	9377	B.the significance review has not been requested in bad faith;
9378	9378	C.the information submission arguably demonstrates that a metropolitan system
9379	9379	or existing or planned land use or development will be affected by the proposed project or
9380	9380	that a publicly subsidized project has an effect on a publicly financed facility; and
9381	9381	D.the proposed project is not exempt.
9382	9382	After receiving a request to commence a metropolitan significance review, but before
9383	9383	making a preliminary finding of metropolitan significance, the chair may meet with any of
9384	9384	the parties and may request additional information.
9385	9385	Subp. 2.Scoping of issues.In the preliminary finding, the chair will identify which
9386	9386	of the issues raised in the information submission are legitimate for significance review and
9387	9387	specify any other issues which should be included in the significance review. Only these
9388	9388	issues will be included in the scope of review at the public hearing, unless the significance
9389	9389	review committee gives at least seven days notice before the public hearing to all parties
9390	9390	that additional issues will be added to the scope of review. A description of the issues will
9391	9391	be included with the notice.
9392	9392	5800.0080COMMENCEMENT AND DETERMINATION NOT TO COMMENCE.
9393	9393	Subpart 1.Council initiation.A significance review initiated by the council will
9394	9394	commence on the day the council adopts an order to commence a significance review.
9395	9395	Subp. 2.Initiation by requesters.If the chair determines that the request complies
9396	9396	with and satisfies the requirements of part 5800.0060, the chair will commence the
9397	9397	significance review by issuing an order for commencement effective as of the date of the
9398	9398	order. The order will include the chair's preliminary finding of metropolitan significance.
9399	9399	If the chair decides not to commence a significance review, the chair must immediately
9400	9400	inform the parties of the determination and basis for it.
9401	9401	Subp. 3.Appeal.Person(s) requesting a review, the governmental unit(s) in which
9402	9402	the proposed project is located, and the sponsor may appeal the chair's decision not to
9403	9403	commence the significance review to the council by submitting a written request within
9404	9404	seven days following notification of the chair's determination. The council must review this
9405	9405	request at a public hearing and either direct the issuance of an order for commencement or
9406	9406	affirm the chair's decision.
9407	9407	Subp. 4.Notice of commencement of significance review.The council must serve
9408	9408	notice of the commencement of a significance review on all parties, adjacent governmental
9409	9409	units, metropolitan agencies, and the Land Use Advisory Committee within five days
9410	9410	following the determination to commence a review. The notice will contain the order for
9411	9411	commencement, the information submission or a summary of the submission, an order to
9412	9412	the sponsor to suspend action on the proposed project, and a schedule for the metropolitan
9413	9413	significance review. Notice that the significance review has been commenced will be
9414	9414	published in the next following issue of the council bulletin, as described in Minnesota
9415	9415	Statutes, section 473.247.
9416	9416	Subp. 5.Review period.The council will complete a metropolitan significance review
9417	9417	within 90 days following commencement unless suspended or extended under part 5800.0100,
9418	9418	subpart 1, or 5800.0140, subparts 4 and 6.
9419	9419	Subp. 6.Implementation hold during review period.Upon commencement of a
9420	9420	metropolitan significance review, no person will commence site alteration on a proposed
9421	9421	project until the council's issuance of a final determination concerning the proposed project
9422	9422	or the expiration of the significance review period, whichever occurs first.
9423	9423	47R
9424	9424	APPENDIX
9425	9425	Repealed Minnesota Rules: 25-01046 5800.0090SIGNIFICANCE REVIEW COMMITTEE.
9426	9426	Immediately following the commencement of a significance review, the chair will
9427	9427	appoint a significance review committee composed of no more than seven or fewer than
9428	9428	three individuals all of whom are members of the council or the Land Use Advisory
9429	9429	Committee. The chair will appoint at least one council member and one Land Use Advisory
9430	9430	Committee member to all significance review committees and will designate one of the
9431	9431	review committee members to be the chair of the committee.
9432	9432	5800.0100REVIEW ALTERNATIVES.
9433	9433	Subpart 1.Mediation.The chair may determine that the proposed project under review
9434	9434	is more suited to mediation than to a formal public hearing process and may suspend the
9435	9435	metropolitan significance review for up to 30 days to bring the parties together to resolve
9436	9436	differences. The resolution of these differences will be outlined in a written agreement. The
9437	9437	agreement must be signed by all parties and must be accepted by the council. If the parties
9438	9438	do not reach agreement within the suspension period, the significance review will resume.
9439	9439	Any party may appeal the chair's decision to use mediation by submitting a written request
9440	9440	to the council within seven days following the chair's decision. The council must review
9441	9441	this request and either direct use of the public hearing process or affirm the chair's decision.
9442	9442	Subp. 2.Public hearing process.Unless mediation resolves the differences among
9443	9443	the parties, the significance review will include a formal public hearing.
9444	9444	Subp. 3.Use of an administrative law judge.At any time before beginning the public
9445	9445	hearing, the significance review committee may decide to use an administrative law judge
9446	9446	appointed by the Office of Administrative Hearings for conducting the public hearing. A
9447	9447	hearing held by an administrative law judge will be conducted in accordance with the rules
9448	9448	of the Office of Administrative Hearings for contested cases, parts 1400.5010 to 1400.8400,
9449	9449	to the extent those rules are not inconsistent with the time periods and procedures specified
9450	9450	in this chapter. The report of the administrative law judge appointed by the significance
9451	9451	review committee will be transmitted to the review committee. The committee will review
9452	9452	the report and may use it as a basis for developing committee findings and recommendations.
9453	9453	Any party may make a request for delegation of responsibility to an administrative law
9454	9454	judge.
9455	9455	Subp. 4.Phased proposed project.When undertaking a significance review of a
9456	9456	phased proposed project, the council may consider the total project or any separate
9457	9457	independently viable stage. In determining independent viability, the council will consider
9458	9458	whether a particular stage is viable without subsequent development, the interrelationship
9459	9459	between the stage and subsequent development and whether the stage would foreclose the
9460	9460	option of making modifications to mitigate metropolitan system effects. Any significance
9461	9461	review of a separate stage will not preclude subsequent significance review of other stages.
9462	9462	5800.0110STEPS IN HEARING PROCESS.
9463	9463	Subpart 1.Preliminary statement.Within 30 days after the review is commenced,
9464	9464	the sponsor, the requester, and the governmental unit in which the proposed project is located
9465	9465	must submit to the significance review committee or administrative law judge a preliminary
9466	9466	statement containing information, facts, and opinions regarding the following:
9467	9467	A.the applicability to the proposed project of part 5800.0030;
9468	9468	B.the significance and effect of the proposed project on metropolitan systems or
9469	9469	on local governments or, if publicly subsidized, the effects on a publicly financed facility;
9470	9470	and
9471	9471	C.the appropriate remedy.
9472	9472	In addition, the sponsor must indicate all other governmental reviews and approvals
9473	9473	required in connection with the proposed project, and their current status.
9474	9474	48R
9475	9475	APPENDIX
9476	9476	Repealed Minnesota Rules: 25-01046 Subp. 2.Submissions.The sponsor and the local governmental unit within which the
9477	9477	proposed project is located must submit the following to the significance review committee
9478	9478	or administrative law judge:
9479	9479	A.copies of any information given by the sponsor to any local governmental unit
9480	9480	required to approve the proposed project; and
9481	9481	B.a copy of the findings, report, or determination made by the local government
9482	9482	on the proposed project.
9483	9483	Subp. 3.Participation by nonparties.The significance review committee will decide
9484	9484	the manner and extent of participation by persons other than the parties.
9485	9485	Subp. 4.Significance review report.At least ten days before the public hearing
9486	9486	conducted by the significance review committee or the administrative law judge, council
9487	9487	staff will prepare a written report on the proposed project. This report will not contain any
9488	9488	findings or recommendations about the metropolitan significance of the proposed project.
9489	9489	The report will be sent to all parties and made available to the public. Parties may submit
9490	9490	statements about the report to the significance review committee at any time before the close
9491	9491	of the record of the public hearing. The report will contain:
9492	9492	A.a listing, including sources, of all information submitted to the committee or
9493	9493	to the administrative law judge;
9494	9494	B.a description of the proposed project;
9495	9495	C.the criteria listed in part 5800.0040 that apply to the proposed project; and
9496	9496	D.a summary of the issues presented in each of the preliminary statements,
9497	9497	including any disagreements regarding facts of the proposed project.
9498	9498	Subp. 5.Council information.The council may enter information related to the
9499	9499	review of the proposed project into the record of the public hearing. This material and its
9500	9500	authors will be subject to examination at the public hearing.
9501	9501	Subp. 6.Additional information.On its own initiative or at the request of a party,
9502	9502	the significance review committee may request additional information from any party before
9503	9503	the close of the public hearing. If a party does not reasonably comply with a request, the
9504	9504	significance review committee may order that the subject matter of the information to be
9505	9505	produced be considered established for purposes of the significance review in accordance
9506	9506	with the claims of the party requesting the information or refuse to allow the party failing
9507	9507	to produce the information to support or oppose designated claims or prohibit the party from
9508	9508	introducing the designated information into the hearing record.
9509	9509	Subp. 7.Public hearing.The significance review committee or an administrative law
9510	9510	judge appointed by the committee must hold at least one public hearing on the proposed
9511	9511	project. Notice of this public hearing must be published in the council bulletin and served
9512	9512	on all parties at least 15 days prior to the hearing. The public hearing must be conducted in
9513	9513	a manner designed to protect the rights of all persons and parties and to ensure fundamental
9514	9514	fairness. Public hearings conducted by an administrative law judge will be governed by
9515	9515	parts 1400.5010 to 1400.8400. Public hearings conducted by the significance review
9516	9516	committee will be conducted according to the council's hearing procedures as contained in
9517	9517	Procedures for Adopting or Amending a Chapter of the Metropolitan Development Guide.
9518	9518	This publication is incorporated by reference in this chapter. It is available through the
9519	9519	Minitex interlibrary loan system and subject to frequent change.
9520	9520	5800.0120COMMITTEE REPORT TO COUNCIL.
9521	9521	Following the public hearing and the receipt of the report of the administrative law
9522	9522	judge, if any, the significance review committee must adopt a committee report with findings
9523	9523	of fact, conclusions, and recommendations to the Metropolitan Council.
9524	9524	49R
9525	9525	APPENDIX
9526	9526	Repealed Minnesota Rules: 25-01046 The committee's report will be based on information submitted before the close of the
9527	9527	record of the public hearing. Committee members may use their experience, technical
9528	9528	competence, and specialized knowledge in the evaluation of this information. In addition,
9529	9529	the report may include comments on the consistency of the proposed project with council
9530	9530	plans and policies.
9531	9531	The findings of fact, conclusions, and recommendations of the significance review
9532	9532	committee will be served on all parties and immediately transmitted to the council. All
9533	9533	information and material considered by the significance review committee will be made
9534	9534	available to council members.
9535	9535	5800.0130COUNCIL DETERMINATION.
9536	9536	Subpart 1.Consideration of findings of fact, conclusions, and
9537	9537	recommendations.The council will consider the committee report and all information
9538	9538	submitted before the close of the record of the public hearing in making a final determination
9539	9539	on the proposed project. The council may hold additional meetings to consider the proposed
9540	9540	project or direct the significance review committee to conduct further specific significance
9541	9541	review activity.
9542	9542	Subp. 2.Metropolitan Council final determination.The council, after review and
9543	9543	consideration of the metropolitan significance review committee's report, must adopt a final
9544	9544	determination including findings of fact, conclusions, and recommendations with regard to
9545	9545	the metropolitan significance of the proposed project. The council must find that the proposed
9546	9546	project is or is not of metropolitan significance, based on the conclusion that it does or does
9547	9547	not cause one or more of the effects contained in the appropriate subpart in part 5800.0040.
9548	9548	The council may also comment on the consistency of the proposed project with other council
9549	9549	plans and policies. Lack of consistency with council plans and policies other than those
9550	9550	listed in part 5800.0040 will not constitute a basis for a determination of metropolitan
9551	9551	significance.
9552	9552	Subp. 3.Proposed projects of metropolitan significance.Upon a determination of
9553	9553	metropolitan significance, the final determination also must indicate:
9554	9554	A.whether an amendment to a regional policy plan would eliminate the
9555	9555	determination of metropolitan significance and further, whether the council intends to initiate
9556	9556	an amendment to the affected policy plan to achieve consistency between its plan and the
9557	9557	proposed project; or
9558	9558	B.whether the proposed project should be suspended for up to one year from the
9559	9559	date of final determination. If the council orders a suspension, the order may contain
9560	9560	conditions or modifications to the proposed project which, if complied with, would cause
9561	9561	the council to eliminate the suspension; or
9562	9562	C.without ordering a suspension, how the proposed project could be modified to
9563	9563	eliminate the determination of metropolitan significance.
9564	9564	Subp. 4.Notice to parties.Copies of the council determination will be served on all
9565	9565	parties within seven days following its adoption.
9566	9566	Subp. 5.Elimination of suspension.The sponsor of any proposed project suspended
9567	9567	by the council with conditions or modifications may request removal of the suspension
9568	9568	based on meeting the conditions of the suspension. Upon receipt of a request for removal
9569	9569	of the suspension, the council will hold a public hearing to consider the request. Parties to
9570	9570	the significance review will be notified at least 15 days before the public hearing on the
9571	9571	removal and given an opportunity to speak at the hearing concerning compliance with the
9572	9572	conditions of suspension.
9573	9573	50R
9574	9574	APPENDIX
9575	9575	Repealed Minnesota Rules: 25-01046 5800.0140PROCEDURAL OPTIONS.
9576	9576	Subpart 1.Bad faith.The council may dismiss with prejudice any significance review
9577	9577	which it finds has been initiated in bad faith. This determination will not be made without
9578	9578	allowing the parties to hear, rebut, and present evidence regarding the dismissal.
9579	9579	Subp. 2.Withdrawal of review.At any time during the conduct of a significance
9580	9580	review, the requester or sponsor may request that the council withdraw the proposed project
9581	9581	from significance review, setting forth the reasons for the request. If all the parties agree,
9582	9582	the council may grant the request and allow a proposed project to be withdrawn from review.
9583	9583	Subp. 3.Settlement.The parties to a significance review may execute a settlement
9584	9584	agreement with regard to the proposed project at any time before the issuance of a final
9585	9585	determination. The agreement must be in writing, signed by all parties, and will be subject
9586	9586	to acceptance or rejection by the council.
9587	9587	Subp. 4.Suspension.The council may suspend a significance review for not more
9588	9588	than 90 days to allow the council to review a plan amendment for the proposed project under
9589	9589	the provisions of the Metropolitan Land Planning Act. The council also may suspend a
9590	9590	significance review for not more than 90 days to await the decision of a public agency whose
9591	9591	authorization is required for the proposed project to proceed. In the event that the agency
9592	9592	denies authorization for the proposed project, the council may dismiss the metropolitan
9593	9593	significance review.
9594	9594	The sponsor and the requester may agree to suspend any of the time periods specified
9595	9595	for a significance review. The agreement must be approved by the significance review
9596	9596	committee. If the council initiates a significance review, the council and the sponsor may
9597	9597	agree to suspend any of the time periods.
9598	9598	The council may suspend a significance review to await the submission of adequate
9599	9599	supporting information.
9600	9600	Subp. 5.Review coordination.When appropriate, the council will coordinate the
9601	9601	significance review with other reviews, such as the environmental review process.
9602	9602	Subp. 6.Extension.At any time before the council determination, the significance
9603	9603	review committee and the parties may agree to extend the review period in order to collect
9604	9604	more information. The time extension must be specified in a written agreement between
9605	9605	the committee and the parties. The council, acting on its own initiative, also may extend the
9606	9606	time period of a significance review to await the submission of adequate supporting
9607	9607	information.
9608	9608	5800.0150JUDICIAL REVIEW.
9609	9609	A final determination adopted by the council and a determination by the council not to
9610	9610	commence a significance review constitute final decisions by the council for purposes of
9611	9611	judicial review.
9612	9612	51R
9613	9613	APPENDIX
9614	9614	Repealed Minnesota Rules: 25-01046