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SF 549

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:13am

KEY: stricken = removed, old language. underscored = added, new language.



Version List Authors and Status

A bill for an act
relating to environment; adding greenhouse gas reduction goals and strategies
to various state and metropolitan programs and plans; establishing goals for
per capita reduction in vehicle miles traveled to reduce greenhouse gases;
appropriating money;amending Minnesota Statutes 2008, sections 103B.3355;
123B.70, subdivision 1; 123B.71, subdivision 9; 473.121, by adding a
subdivision; 473.145; 473.146, by adding a subdivision; 473.25; proposing
coding for new law in Minnesota Statutes, chapters 116C; 174; 473.



The legislature finds that changes in development patterns are necessary for
Minnesota to achieve the greenhouse gas reduction goals provided in Minnesota Statutes,
section 216H.02, subdivision 1. The legislature further finds that improved land use
planning and development practices that target growth in ways that reduce the number
and length of vehicle trips are necessary to achieve the greenhouse gas reduction goals
provided in Minnesota Statutes, section 216H.02, subdivision 1.

Sec. 2.

Minnesota Statutes 2008, section 103B.3355, is amended to read:


(a) The public values of wetlands must be determined based upon the functions of
wetlands for:

(1) water quality, including filtering of pollutants to surface and groundwater,
utilization of nutrients that would otherwise pollute public waters, trapping of sediments,
shoreline protection, and utilization of the wetland as a recharge area for groundwater;

(2) floodwater and stormwater retention, including the potential for flooding in
the watershed, the value of property subject to flooding, and the reduction in potential
flooding by the wetland;

(3) public recreation and education, including hunting and fishing areas, wildlife
viewing areas, and nature areas;

(4) commercial uses, including wild rice and cranberry growing and harvesting
and aquaculture;

(5) fish, wildlife, native plant habitats;

(6) low-flow augmentation; and

(7) carbon sequestration; and

(7) (8) other public uses.

(b) The Board of Water and Soil Resources, in consultation with the commissioners
of natural resources and agriculture and local government units, shall adopt rules

(1) scientific methodologies for determining the functions of wetlands; and

(2) criteria for determining the resulting public values of wetlands.

(c) The methodologies and criteria established under this section or other
methodologies and criteria that include the functions in paragraph (a) and are approved
by the board, in consultation with the commissioners of natural resources and agriculture
and local government units, must be used to determine the functions and resulting public
values of wetlands in the state. The functions listed in paragraph (a) are not listed in
order of priority.

(d) Public value criteria established or approved by the board under this section do
not apply in areas subject to local comprehensive wetland protection and management
plans established under section 103G.2243.

(e) The Board of Water and Soil Resources, in consultation with the commissioners
of natural resources and agriculture and local government units, may identify regions of
the state where preservation, enhancement, restoration, and establishment of wetlands
would have high public value. The board, in consultation with the commissioners, may
identify high priority wetland regions using available information relating to the factors
listed in paragraph (a). The board shall notify local units of government with water
planning authority of these high priority regions.


This section is effective August 1, 2009, and applies to
rulemaking that begins after that date.

Sec. 3.


The Environmental Quality Board shall make grants to local units of government for
changes in municipal ordinances that will encourage development patterns that support
the following measurable goals:

(1) providing citizens with safe and convenient transportation alternatives, such as
transit, walking, and bicycling;

(2) increasing the quantity, quality, and accessibility of wildlands, wetlands, lakes,
rivers, and streams with the goal of preserving and protecting connected ecosystem

(3) increasing physical activity through community design changes that promote the
convenience and safety of walking and bicycling;

(4) maximizing the efficiency and cost-effectiveness of public investments by
prioritizing infrastructure maintenance and rehabilitation; and

(5) expanding lifecycle housing opportunities for all income levels, especially in
job-rich jurisdictions.

Sec. 4.

Minnesota Statutes 2008, section 123B.70, subdivision 1, is amended to read:

Subdivision 1.

Commissioner approval.

In determining whether to give a school
facility a positive, negative, or unfavorable review and comment, the commissioner must
evaluate the proposals for facilities using the information provided under section 123B.71,
subdivision 9
. The commissioner may evaluate the proposals using the most recent "Guide
for Planning School Construction in Minnesota" prepared by the Department of Education,
but must not issue a negative or unfavorable review and comment under this section for
a school facility based on the acreage of the proposed school site. The commissioner's
evaluation of whether to replace a facility must not be based upon renovation costs
approaching 60 percent of the replacement costs. If a school is proposed for a new site,
the commissioner must examine the energy costs associated with that facility, including
the change in pupil transportation costs and the costs of establishing new infrastructure,
such as roads, sidewalks, and utility lines.


This section is effective for review and comments issued
after July 1, 2009.

Sec. 5.

Minnesota Statutes 2008, section 123B.71, subdivision 9, is amended to read:

Subd. 9.

Information required.

A school board proposing to construct a facility
described in subdivision 8 shall submit to the commissioner a proposal containing
information including at least the following:

(1) the geographic area and population to be served, preschool through grade 12
student enrollments for the past five years, and student enrollment projections for the
next five years;

(2) a list of existing facilities by year constructed, their uses, and an assessment of
the extent to which alternate facilities are available within the school district boundaries
and in adjacent school districts;

(3) a list of the specific deficiencies of the facility that demonstrate the need for a
new or renovated facility to be provided, and a list of the specific benefits that the new
or renovated facility will provide to the students, teachers, and community users served
by the facility;

(4) the relationship of the project to any priorities established by the school district,
educational cooperatives that provide support services, or other public bodies in the
service area;

(5) a description of the pedestrian, bicycle, and transit connections between the
school and nearby residential areas that make it easier for children, teachers, and parents
to get to the school by walking, bicycling, and taking transit;

(5) (6) a specification of how the project will increase community use of the facility
maximizes the opportunity for cooperative use of existing park, recreation, and other
public facilities
and whether and how the project will increase collaboration with other
governmental or nonprofit entities;

(6) (7) a description of the project, including the specification of site and outdoor
space acreage and square footage allocations for classrooms, laboratories, and support
spaces; estimated expenditures for the major portions of the project; and the dates the
project will begin and be completed;

(7) (8) a specification of the source of financing the project; the scheduled date
for a bond issue or school board action; a schedule of payments, including debt service
equalization aid; and the effect of a bond issue on local property taxes by the property
class and valuation;

(8) (9) an analysis of how the proposed new or remodeled facility will affect school
district operational or administrative staffing costs, and how the district's operating budget
will cover any increased operational or administrative staffing costs;

(9) (10) a description of the consultation with local or state road and transportation
officials on multimodal school site access and safety issues, and the ways that the project
will address those issues;

(10) (11) a description of how indoor air quality issues have been considered and a
certification that the architects and engineers designing the facility will have professional
liability insurance;

(11) (12) as required under section 123B.72, for buildings coming into service
after July 1, 2002, a certification that the plans and designs for the extensively renovated
or new facility's heating, ventilation, and air conditioning systems will meet or exceed
code standards; will provide for the monitoring of outdoor airflow and total airflow of
ventilation systems; and will provide an indoor air quality filtration system that meets
ASHRAE standard 52.1;

(12) (13) a specification of any desegregation requirements that cannot be met
by any other reasonable means;

(13) (14) a specification, if applicable, of how the facility will utilize environmentally
sustainable school facility design concepts; and

(14) (15) a description of how the architects and engineers have considered
the American National Standards Institute Acoustical Performance Criteria, Design
Requirements and Guidelines for Schools of the maximum background noise level and
reverberation times.

Sec. 6.


Subdivision 1.


"Vehicle miles traveled" means nonfreight motor vehicle
miles traveled per person per calendar year.

Subd. 2.

Reduction goal.

To help achieve an overall reduction in greenhouse gas
emissions in Minnesota, the commissioner of transportation shall implement, and facilitate
the implementation by other public and private entities of policies that have the goal
of achieving by 2025 at least a 15 percent reduction from 2005 levels of vehicle miles
traveled. The implemented policies shall not mandate that individuals reduce their vehicle
miles traveled.

Sec. 7.

Minnesota Statutes 2008, section 473.121, is amended by adding a subdivision
to read:

Subd. 37.

Vehicle miles traveled.

"Vehicle miles traveled" has the meaning given
in section 174.015.

Sec. 8.

Minnesota Statutes 2008, section 473.145, is amended to read:


The Metropolitan Council shall prepare and adopt, after appropriate study and
such public hearings as may be necessary, a comprehensive development guide for the
metropolitan area. It shall consist of a compilation of policy statements, goals, standards,
programs, and maps prescribing guides for the orderly and economical development,
public and private, of the metropolitan area. The comprehensive development guide shall
recognize and encompass physical, social, or economic needs of the metropolitan area
and those future developments which will have an impact on the entire area including but
not limited to such matters as land use, parks and open space land needs, greenhouse gas
the necessity for and location of airports, highways, transit facilities, public
hospitals, libraries, schools, and other public buildings.

Sec. 9.

Minnesota Statutes 2008, section 473.146, is amended by adding a subdivision
to read:

Subd. 5.

Vehicle miles traveled reduction.

(a) By July 1, 2010, the council must
adopt a policy statement supporting reducing vehicle miles traveled. The policy statement
must set a goal of reducing regional vehicle miles traveled to 1990 levels by 2025. The
policy statement must identify broad strategies relating to transportation and land use by
which the goal may be accomplished and an estimate of the 1990 vehicle miles traveled
and 2005 vehicle miles traveled for all local governments in the metropolitan area. The
council shall consider the policy analysis and recommendations in the Minnesota Climate
Change Advisory Group's Report to the Minnesota Legislature, dated April 2008, and
consult with the University of Minnesota Institute for the Environment.

(b) By 2012, the council must revise the metropolitan development guide and system
plans to be consistent with the policy statement under paragraph (a) and to meet the goal
for reducing vehicle miles traveled in the region.

Sec. 10.

Minnesota Statutes 2008, section 473.25, is amended to read:


(a) The council shall establish criteria for uses of the fund provided in section
473.251 that are consistent with and promote the purposes of this article and the policies of
the Metropolitan Development Guide adopted by the council including, but not limited to:

(1) helping to change long-term market incentives that adversely impact creation
and preservation of living-wage jobs in the fully developed area;

(2) creating incentives for developing communities to include a full range of housing

(3) creating incentives to preserve and rehabilitate affordable housing in the fully
developed area; and

(4) creating incentives for all communities to implement compact and efficient

(b) The council shall establish guidelines for the livable community demonstration
account for projects that the council would consider funding with either grants or loans.
The guidelines must provide that the projects will:

(1) interrelate development or redevelopment and transit;

(2) interrelate affordable housing and employment growth areas;

(3) intensify land use that leads to more compact development or redevelopment;

(4) involve development or redevelopment that mixes incomes of residents in
housing, including introducing or reintroducing higher value housing in lower income
areas to achieve a mix of housing opportunities; or

(5) encourage public infrastructure investments which connect urban neighborhoods
and suburban communities, attract private sector redevelopment investment in commercial
and residential properties adjacent to the public improvement, and provide project area
residents with expanded opportunities for private sector employment; or

(6) reduce greenhouse gas emissions through a reduction in vehicle miles traveled.

(c) The council shall establish guidelines governing who may apply for a grant or
loan from the fund, providing priority for proposals using innovative partnerships between
government, private for-profit, and nonprofit sectors.

(d) The council shall prepare an annual plan for distribution of the fund based on the
criteria for project and applicant selection.

(e) The council shall prepare and submit to the legislature, as provided in section
3.195, an annual report on the metropolitan livable communities fund. The report must
include information on the amount of money in the fund, the amount distributed, to whom
the funds were distributed and for what purposes, and an evaluation of the effectiveness of
the projects funded in meeting the policies and goals of the council. The report may make
recommendations to the legislature on changes to Laws 1995, chapter 255.

Sec. 11.


Subdivision 1.

Establish local baseline vehicle miles traveled.

By July 2011,
each local governmental unit must establish the vehicle miles traveled in its jurisdiction
under its existing comprehensive plan using the model developed by the University of
Minnesota under section 12, subdivision 1. It must also identify strategies that will allow
it to accomplish the goal set forth in the policy statement adopted by the council under
section 473.146, subdivision 5, and report the results of its work to the council. Within
the existing parameters of the metropolitan livable communities fund, expenses related
to this subdivision are an allowable use.

Subd. 2.

Revision of local comprehensive plans.

By July 2012, the council must
revise its metropolitan development guide and metropolitan system plans as needed to meet
the goal set forth in the policy statement adopted by the council under section 473.146,
subdivision 5, and issue metropolitan system statements to each local governmental unit
that must prepare and submit local comprehensive plans to the council. By July 2013,
each local governmental unit must revise its comprehensive plans as needed to accomplish
the vehicle miles traveled reduction goal and make its local comprehensive plan consistent
with the metropolitan development guide and metropolitan system plans. The revised local
comprehensive plan must demonstrate that the land uses and development contemplated
in the plan and the official controls, fiscal devices, and other specific actions identified to
implement the plan will accomplish the vehicle miles traveled reduction goal.

Subd. 3.

Council review; local plan adoption.

Each local governmental unit
must submit its revisions to the council. The council must review the revisions for
consistency with the policy statement and conformity with the metropolitan systems plans.
The council may require a local governmental unit to modify its revision if the council
concludes that the revision does not accomplish the goal set out in the policy statement or
is more likely than not to have a substantial impact on or contain a substantial departure
from the metropolitan system plans. The local governmental unit must adopt its revised
plan, after council review and modification, if necessary.

Subd. 4.

Continuing obligation.

After July 2013, each local comprehensive plan
and plan amendment must demonstrate that the land uses and development contemplated
in the plan and the official controls, fiscal devices, and other specific actions identified to
implement it, will accomplish the vehicle miles traveled reduction goal.


Subdivision 1.

University of Minnesota Center for Transportation Studies.

$250,000 is appropriated from the metropolitan livable communities fund to the Board
of Regents of the University of Minnesota for the Center for Transportation Studies to
develop by July 1, 2010, a model for use by local governments and the Metropolitan
Council to identify the best strategies to reduce vehicle miles traveled and carbon
emissions. The Center for Transportation Studies should identify and use existing
information and models to the extent they are useful and accurate.

Subd. 2.

Commissioner of administration.

$....... is appropriated from the
metropolitan livable communities fund to the commissioner of administration to fund a
competitive grant program under Minnesota Statutes, section 116C.99.

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