Minnesota Session Laws - 2003, 1st Special Session

                             CHAPTER 16-H.F.No. 66 
                  An act relating to public-policy-oriented entities; 
                  providing that public meetings are not required to 
                  fill metropolitan council vacancies within 12 months 
                  of initial appointment; authorizing the use of energy 
                  forward pricing mechanisms; requiring an analysis of 
                  the costs of regional improvements included in the 
                  long-range policy plans for metropolitan agencies; 
                  making changes in the metropolitan council's authority 
                  and procedures for requiring a change in a local 
                  comprehensive plan; eliminating per diems for the 
                  metropolitan parks and open space commission; 
                  providing for the direct charging by the metropolitan 
                  council of industrial dischargers for certain 
                  wastewater treatment user fees; adopting the 
                  metropolitan council redistricting plan; repealing 
                  authority for service improvement plan; eliminating 
                  certain reporting requirements; removing an obsolete 
                  requirement for metropolitan school districts to 
                  submit capital improvement plans to the metropolitan 
                  council for review; making conforming changes; 
                  changing the boundaries of certain districts; amending 
                  Minnesota Statutes 2002, sections 473.123, subdivision 
                  3; 473.13, subdivision 1; 473.146, subdivision 1; 
                  473.147, subdivision 1; 473.175, subdivision 1; 
                  473.303, subdivision 6; 473.517, by adding a 
                  subdivision; proposing coding for new law in Minnesota 
                  Statutes, chapter 473; repealing Minnesota Statutes 
                  2002, sections 473.123, subdivision 3c; 473.1295; 
                  473.1623; 473.704, subdivision 19; 473.863. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2002, section 473.123, 
        subdivision 3, is amended to read: 
           Subd. 3.  [MEMBERSHIP; APPOINTMENT; QUALIFICATIONS.] (a) 
        Sixteen members must be appointed by the governor from districts 
        defined by this section.  Each council member must reside in the 
        council district represented.  Each council district must be 
        represented by one member of the council. 
           (b) In addition to the notice required by section 15.0597, 
        subdivision 4, notice of vacancies and expiration of terms must 
        be published in newspapers of general circulation in the 
        metropolitan area and the appropriate districts.  The governing 
        bodies of the statutory and home rule charter cities, counties, 
        and towns having territory in the district for which a member is 
        to be appointed must be notified in writing.  The notices must 
        describe the appointments process and invite participation and 
        recommendations on the appointment.  
           (c) The governor shall create a nominating committee, 
        composed of seven metropolitan citizens appointed by the 
        governor, to nominate persons for appointment to the council 
        from districts.  Three of the committee members must be local 
        elected officials.  Following the submission of applications as 
        provided under section 15.0597, subdivision 5, the nominating 
        committee shall conduct public meetings, after appropriate 
        notice, to accept statements from or on behalf of persons who 
        have applied or been nominated for appointment and to allow 
        consultation with and secure the advice of the public and local 
        elected officials.  The committee shall hold the meeting on each 
        appointment in the district or in a reasonably convenient and 
        accessible location in the part of the metropolitan area in 
        which the district is located.  The committee may consolidate 
        meetings.  Following the meetings, the committee shall submit to 
        the governor a list of nominees for each appointment.  The 
        governor is not required to appoint from the list.  
           (d) Before making an appointment, the governor shall 
        consult with all members of the legislature from the council 
        district for which the member is to be appointed.  
           (e) Appointments to the council are subject to the advice 
        and consent of the senate as provided in section 15.066. 
           (f) Members of the council must be appointed to reflect 
        fairly the various demographic, political, and other interests 
        in the metropolitan area and the districts.  
           (g) Members of the council must be persons knowledgeable 
        about urban and metropolitan affairs. 
           (h) Any vacancy in the office of a council member shall 
        immediately be filled for the unexpired term.  In filling a 
        vacancy, the governor may forgo the requirements of paragraph 
        (c) if the governor has made appointments in full compliance 
        with the requirements of this subdivision within the preceding 
        12 months. 
           Sec. 2.  [473.1293] [ENERGY FORWARD PRICING MECHANISMS.] 
           Subdivision 1.  [DEFINITIONS.] The following definitions 
        apply in this section. 
           (a) "Energy" means natural gas, heating oil, diesel fuel, 
        or any other energy source, except electric, used in 
        metropolitan council operations. 
           (b) "Forward pricing mechanism" means either: 
           (1) a contract or financial instrument that obligates an 
        entity to buy or sell a specified amount of an energy commodity 
        at a future date and at a set price; or 
           (2) an option to buy or sell the contract or financial 
        instrument. 
           Subd. 2.  [AUTHORITY PROVIDED.] Notwithstanding any other 
        law to the contrary, the council may use forward pricing 
        mechanisms for budget risk reduction. 
           Subd. 3.  [CONDITIONS.] (a) Forward pricing transactions 
        made under this section must be made only under the conditions 
        in paragraphs (b), (c), and (d). 
           (b) The amount of energy forward priced must not exceed the 
        estimated energy usage for council operations for the period of 
        time covered by the forward pricing mechanism. 
           (c) The holding period and expiration date for any forward 
        pricing mechanism must not exceed 24 months from the trade date 
        of the transaction. 
           (d) Separate accounts must be established for each 
        operational energy for which forward pricing mechanisms are used 
        under this section. 
           Subd. 4.  [WRITTEN POLICIES AND PROCEDURES.] Before 
        exercising authority under subdivision 2, the council must have 
        written policies and procedures governing the use of forward 
        pricing mechanisms. 
           Subd. 5.  [OVERSIGHT PROCESS.] (a) Before exercising 
        authority under subdivision 2, the governing body of the council 
        must establish an oversight process that provides for review of 
        the council's use of forward pricing mechanisms.  
           (b) The process must include: 
           (1) internal or external audit reviews; 
           (2) quarterly reports to, and review by, an internal 
        investment committee; and 
           (3) internal management control. 
           Sec. 3.  Minnesota Statutes 2002, section 473.13, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [BUDGET.] (a) On or before December 20 of 
        each year the council, after the public hearing required in 
        section 275.065, shall adopt a final budget covering its 
        anticipated receipts and disbursements for the ensuing year and 
        shall decide upon the total amount necessary to be raised from 
        ad valorem tax levies to meet its budget.  The budget shall 
        state in detail the expenditures for each program to be 
        undertaken, including the expenses for salaries, consultant 
        services, overhead, travel, printing, and other items.  The 
        budget shall state in detail the capital expenditures of the 
        council for the budget year, based on a five-year capital 
        program adopted by the council and transmitted to the 
        legislature.  After adoption of the budget and no later than 
        five working days after December 20, the council shall certify 
        to the auditor of each metropolitan county the share of the tax 
        to be levied within that county, which must be an amount bearing 
        the same proportion to the total levy agreed on by the council 
        as the net tax capacity of the county bears to the net tax 
        capacity of the metropolitan area.  The maximum amount of any 
        levy made for the purpose of this chapter may not exceed the 
        limits set by the statute authorizing the levy. 
           (b) Each even-numbered year the council shall prepare for 
        its transit programs a financial plan for the succeeding three 
        calendar years, in half-year segments.  The financial plan must 
        contain the elements specified in section 473.1623, subdivision 
        3.  The financial plan must contain schedules of user charges 
        and any changes in user charges planned or anticipated by the 
        council during the period of the plan.  The financial plan must 
        contain a proposed request for state financial assistance for 
        the succeeding biennium. 
           (c) In addition, the budget must show for each year: 
           (1) the estimated operating revenues from all sources 
        including funds on hand at the beginning of the year, and 
        estimated expenditures for costs of operation, administration, 
        maintenance, and debt service; 
           (2) capital improvement funds estimated to be on hand at 
        the beginning of the year and estimated to be received during 
        the year from all sources and estimated cost of capital 
        improvements to be paid out or expended during the year, all in 
        such detail and form as the council may prescribe; and 
           (3) the estimated source and use of pass-through funds. 
           Sec. 4.  Minnesota Statutes 2002, section 473.146, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT.] The council shall adopt a 
        long-range comprehensive policy plan for transportation, 
        airports, and wastewater treatment.  The plans must 
        substantially conform to all policy statements, purposes, goals, 
        standards, and maps in the development guide developed and 
        adopted by the council under this chapter.  Each policy plan 
        must include, to the extent appropriate to the functions, 
        services, and systems covered, the following: 
           (1) forecasts of changes in the general levels and 
        distribution of population, households, employment, land uses, 
        and other relevant matters, for the metropolitan area and 
        appropriate subareas; 
           (2) a statement of issues, problems, needs, and 
        opportunities with respect to the functions, services, and 
        systems covered; 
           (3) a statement of the council's goals, objectives, and 
        priorities with respect to the functions, services, and systems 
        covered, addressing areas and populations to be served, the 
        levels, distribution, and staging of services; a general 
        description of the facility systems required to support the 
        services; the estimated cost of improvements required to achieve 
        the council's goals for the regional systems, including an 
        analysis of what portion of the funding for each improvement is 
        proposed to come from the state, metropolitan council levies, 
        and cities, counties, and towns in the metropolitan area, 
        respectively, and other similar matters; 
           (4) a statement of policies to effectuate the council's 
        goals, objectives, and priorities; 
           (5) a statement of the fiscal implications of the council's 
        plan, including a statement of:  (i) the resources available 
        under existing fiscal policy; (ii) the adequacy of resources 
        under existing fiscal policy and any shortfalls and unattended 
        needs; (iii) additional resources, if any, that are or may be 
        required to effectuate the council's goals, objectives, and 
        priorities; and (iv) any changes in existing fiscal policy, on 
        regional revenues and intergovernmental aids respectively, that 
        are expected or that the council has recommended or may 
        recommend; 
           (6) a statement of the relationship of the policy plan to 
        other policy plans and chapters of the metropolitan development 
        guide; 
           (7) a statement of the relationships to local comprehensive 
        plans prepared under sections 473.851 to 473.871; and 
           (8) additional general information as may be necessary to 
        develop the policy plan or as may be required by the laws 
        relating to the metropolitan agency and function covered by the 
        policy plan. 
           Sec. 5.  Minnesota Statutes 2002, section 473.147, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENTS.] The metropolitan council 
        after consultation with the parks and open space commission, 
        municipalities, park districts and counties in the metropolitan 
        area, and after appropriate public hearings, shall prepare and 
        adopt a long-range system policy plan for regional recreation 
        open space as part of the council's metropolitan development 
        guide.  The plan shall substantially conform to all policy 
        statements, purposes, goals, standards, and maps in development 
        guide sections and comprehensive plans as developed and adopted 
        by the council pursuant to the chapters of the Minnesota 
        Statutes directly relating to the council.  The policy plan 
        shall identify generally the areas which should be acquired by a 
        public agency to provide a system of regional recreation open 
        space comprising park district, county and municipal facilities 
        which, together with state facilities, reasonably will meet the 
        outdoor recreation needs of the people of the metropolitan area 
        and shall establish priorities for acquisition and development.  
        The policy plan shall estimate the cost of the recommended 
        acquisitions and development, including an analysis of what 
        portion of the funding is proposed to come from the state, 
        metropolitan council levies, and cities, counties, and towns in 
        the metropolitan area, respectively.  In preparing or amending 
        the policy plan the council shall consult with and make maximum 
        use of the expertise of the commission.  The policy plan shall 
        include a five year capital improvement program, which shall be 
        revised periodically, and shall establish criteria and 
        priorities for the allocation of funds for such acquisition and 
        development.  The legislature in each bonding measure shall 
        designate an anticipated level of funding for this acquisition 
        and development for each of the two succeeding bienniums. 
           Sec. 6.  Minnesota Statutes 2002, section 473.175, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FOR COMPATIBILITY, CONFORMITY.] The 
        council shall review the comprehensive plans of local 
        governmental units and the capital improvement programs of 
        school districts, prepared and submitted pursuant to Laws 1976, 
        chapter 127, sections 1 to 23, to determine their compatibility 
        with each other and conformity with metropolitan system plans.  
        The council shall review and comment on the apparent consistency 
        of the comprehensive plans and capital improvement programs with 
        adopted plans of the council.  The council may require a local 
        governmental unit to modify any comprehensive plan or part 
        thereof which may if, upon the adoption of findings and a 
        resolution, the council concludes that the plan is more likely 
        than not to have a substantial impact on or contain a 
        substantial departure from metropolitan system plans.  A local 
        unit of government may challenge a council action under this 
        subdivision by following the procedures set forth in section 
        473.866. 
           Sec. 7.  Minnesota Statutes 2002, section 473.303, 
        subdivision 6, is amended to read: 
           Subd. 6.  [COMPENSATION.] Members and the chair shall be 
        paid $50 for each day when the member or chair attends one or 
        more meetings, or provides other services, as authorized by the 
        commission, and serve without compensation but shall be 
        reimbursed for all actual and necessary expenses incurred in the 
        performance of duties as determined by the metropolitan council. 
           Sec. 8.  Minnesota Statutes 2002, section 473.517, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [DIRECT CHARGING OF INDUSTRIAL USERS.] (a) The 
        term "industrial discharger" for the purposes of this 
        subdivision means a recipient of wastewater treatment services 
        that is required by council rules or procedures to have a permit 
        issued by the council in order to discharge sewage to the 
        metropolitan disposal system. 
           (b) The council may directly impose on all or any category 
        of industrial dischargers all or any portion of the costs that 
        would otherwise be allocated among and paid by local government 
        units under subdivision 1.  Any amounts imposed directly on 
        industrial dischargers by the council under this subdivision 
        must be deducted from the amounts to be allocated among and paid 
        by local government units under subdivision 1, and any charges 
        imposed by a local government unit for the same purpose are of 
        no further force and effect from and after the effective date of 
        the council's direct charges.  Charges imposed under this 
        subdivision are in addition to any other charges imposed on 
        industrial dischargers by a local government unit and must be 
        paid by the industrial discharger at such intervals as may be 
        established by the council.  The council may impose interest 
        charges upon delinquent payments. 
           (c) Charges by the council to industrial dischargers under 
        this subdivision including any interest charges, as well as any 
        other charges or related fees owed by the industrial discharger 
        pursuant to a discharge permit issued by the council for the 
        subject property, are a charge jointly and severally against the 
        owners, lessees, and occupants of the property served.  The 
        council may certify such unpaid amounts to the appropriate 
        county auditor as a tax for collection as other taxes are 
        collected on the property served.  The proceeds of any tax 
        collected pursuant to the council's certification must be paid 
        by the county treasurer to the council when collected.  
        Certification does not preclude the council from recovery of 
        delinquent amounts and interest under any other available remedy.
           Sec. 9.  [PLAN ADOPTED.] 
           Metropolitan council redistricting plan MC03, on file with 
        the geographical information systems office of the legislative 
        coordinating commission and published on its Web site on May 14, 
        2003, is adopted as the metropolitan council redistricting plan. 
           Sec. 10.  [METES AND BOUNDS DESCRIPTION.] 
           Within 90 days after enactment of this act and in 
        accordance with Minnesota Statutes, section 2.91, the revisor of 
        statutes shall prepare a metes and bounds description of the 
        metropolitan council districts in a form suitable for 
        publication in Minnesota Statutes and file it with the secretary 
        of state. 
           Sec. 11.  [REPEALER.] 
           Minnesota Statutes 2002, sections 473.123, subdivision 3c; 
        473.1295; 473.1623; 473.704, subdivision 19; and 473.863, are 
        repealed. 
           Sec. 12.  [APPLICATION.] 
           Sections 1 to 11 apply in the counties of Anoka, Carver, 
        Dakota, Hennepin, Ramsey, Scott, and Washington. 
           Sec. 13.  [FORTY-FIFTH DISTRICT.] 
           Subdivision 1.  [SENATE DISTRICT.] Senate district 45 
        consists of that district as described in the order of the 
        Minnesota special redistricting panel in Zachman v. Kiffmeyer, 
        No. C0-01-160 (March 19, 2002).  
           Subd. 2.  [HOUSE DISTRICTS.] Notwithstanding the order of 
        the Minnesota special redistricting panel in Zachman v. 
        Kiffmeyer, No. C0-01-160 (March 19, 2002), senate district 45, 
        as described in that order, is divided into two house districts 
        as follows: 
           (a) House district 45A consists of house district 45A as 
        described in that order, except for the portion of that house 
        district 45A described as follows: 
           Beginning at the intersection of the center lines of 35th 
        Avenue North and Nevada Avenue North, then south along the 
        center line of Nevada Avenue North to the center line of 34th 
        Avenue North, then west along the center line of 34th Avenue 
        North to the center line of Winpark Drive, then north along the 
        center line of Winpark Drive to the center line of 35th Avenue 
        North, then west along the center line of 35th Avenue North to 
        the center line of Winnetka Avenue North, then north along the 
        center line of Winnetka Avenue North to the north municipal 
        boundary line of Crystal, then west along that municipal 
        boundary line to the west municipal boundary line of Crystal, 
        then south along that municipal boundary line to the center line 
        of 33rd Avenue North, then east along the center line of 33rd 
        Avenue North to the center line of Wisconsin Avenue North, then 
        north along the center line of Wisconsin Avenue North to the 
        center line of 35th Avenue North, then east along the center 
        line of 35th Avenue North to the center line of Utah Avenue 
        North, then south along the center line of Utah Avenue North to 
        the center line of 33rd Place North, then east along the center 
        line of 33rd Place North to the center line of Winnetka Avenue 
        North, then south along the center line of Winnetka Avenue North 
        to the center line of 32nd Avenue North, then east along the 
        center line of 32nd Avenue North to the center line of Nevada 
        Avenue, then north along the center line of Nevada Avenue to the 
        center line of Valley Place, then east along the center line of 
        Valley Place to the center line of Louisiana Avenue North, then 
        north along the center line of Louisiana Avenue North to the 
        center line of 35th Avenue North, then west along the center 
        line of 35th Avenue North to the center line of Nevada Avenue 
        North, which was the place of beginning.  
           (b) House district 45B consists of that portion of senate 
        district 45 not included in house district 45A.  
           Sec. 14.  [EFFECTIVE DATE.] 
           Sections 1 to 13 are effective the day following final 
        enactment. 
           Presented to the governor May 30, 2003 
           Signed by the governor June 8, 2003, 11:15 p.m.