HF 3882

01/08/26   REVISOR  EB/NS  26-06158
This Document can be made available
in alternative formats upon request  State of Minnesota
  HOUSE OF REPRESENTATIVES
  NINETY-FOURTH SESSION
  H. F. No.  3882
03/02/2026     Authored by Virnig
  The bill was read for the first time and referred to the Committee on Elections Finance and Government Operations
1.1A bill for an act
1.2relating to metropolitan government; modifying requirements for certain
1.3Metropolitan Council programs; modifying certain reporting requirements to the
1.4legislature; removing Metropolitan Council and regional development commission
1.5review of certain city housing finance programs; making technical corrections;
1.6amending Minnesota Statutes 2024, sections 473.149, subdivision 1; 473.165;
1.7473.173, subdivision 6; 473.245; 473.25; 473.251; 473.254, subdivisions 6, 8;
1.8473.351, subdivision 3; 473.621, subdivision 6; 473.851; 473.859, subdivision 1;
1.9473.864, subdivision 2; 473H.08, subdivision 3; Minnesota Statutes 2025
1.10Supplement, section 462C.04, subdivision 2; repealing Minnesota Statutes 2024,
1.11sections 473.254, subdivisions 1, 2, 9; 473.859, subdivision 2a.
1.12BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13Section 1. Minnesota Statutes 2025 Supplement, section 462C.04, subdivision 2, is amended
1.14to read:
1.15Subd. 2. Program review. A public hearing shall be held on each program after one
1.16publication of notice in a newspaper circulating generally in the city, at least ten days before
1.17the hearing. On or before the day on which notice of the public hearing is published, the
1.18city shall submit the program to the Metropolitan Council, if the city is located in the
1.19metropolitan area as defined in section 473.121, subdivision 2, or to the regional development
1.20commission for the area in which the city is located, if any, for review and comment. The
1.21appropriate reviewing agency shall comment on:
1.22(a) whether the program furthers local and regional housing policies and is consistent
1.23with the Metropolitan Development Guide, if the city is located in the metropolitan area,
1.24or adopted policies of the regional development commission; and
1.25(b) the compatibility of the program with the housing portion of the comprehensive plan
1.26of the city, if any.
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2.1      Review of the program may be conducted either by the board of the reviewing agency
2.2  or by the staff of the agency. Any comment submitted by the reviewing agency to the city
2.3  must be presented to the body considering the proposed program at the public hearing held
2.4  on the program.
2.5      A member or employee of the reviewing agency shall be permitted to present the
2.6  comments of the reviewing agency at the public hearing. After conducting the public hearing,
2.7  the program may be adopted with or without amendment, provided that any amendments
2.8  must not be inconsistent with the comments, if any, of the reviewing agency and must not
2.9  contain any material changes from the program submitted to the reviewing agency other
2.10 than changes in the financial aspects of any proposed issue of bonds or obligations. If an
2.11 amendment contains any material change other than a change in the financial aspects of a
2.12 proposed issue of bonds or obligations, or any change which is inconsistent with the
2.13 comments of the reviewing agency is adopted, the amended program shall be resubmitted
2.14 to the appropriate reviewing agency for review and comment, and a public hearing shall be
2.15 held on the amended program after one publication of notice in a newspaper circulating
2.16 generally in the city at least ten days before the hearing. The amended program shall be
2.17 considered after the public hearing in the same manner as consideration of the initial program.
2.18     EFFECTIVE DATE. This section is effective the day following final enactment.
2.19   Sec. 2. Minnesota Statutes 2024, section 473.149, subdivision 1, is amended to read:
2.20     Subdivision 1. Policy plan; general requirements. The commissioner of the Pollution
2.21 Control Agency shall must revise the metropolitan long range long-range policy plan for
2.22 solid waste management adopted in 2011 by December 31, 2016, and every sixth year six
2.23 years thereafter. The plan shall must be followed in the metropolitan area. The plan shall
2.24 must address the state policies and purposes expressed in section 115A.02. In revising the
2.25 plan the commissioner shall must follow the procedures in subdivision 3. The plan shall
2.26 must include goals and policies for solid waste management, including recycling consistent
2.27 with section 115A.551, and household hazardous waste management consistent with section
2.28 115A.96, subdivision 6, in the metropolitan area.
2.29     The plan shall must include criteria and standards for solid waste facilities and solid
2.30 waste facility sites respecting the following matters: general location; capacity; operation;
2.31 processing techniques; environmental impact; effect on existing, planned, or proposed
2.32 collection services and waste facilities; and economic viability. The plan shall must, to the
2.33 extent practicable and consistent with the achievement of other public policies and purposes,
2.34 encourage ownership and operation of solid waste facilities by private industry. For solid
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3.1  waste facilities owned or operated by public agencies or supported primarily by public funds
3.2  or obligations issued by a public agency, the plan shall must include additional criteria and
3.3  standards to protect comparable private and public facilities already existing in the area
3.4  from displacement unless the displacement is required in order to achieve the waste
3.5  management objectives identified in the plan. In revising the plan, the commissioner shall
3.6  must consider the orderly and economic economical development, public and private, of
3.7  the metropolitan area; the preservation and best and most economical use of land and water
3.8  resources in the metropolitan area; the protection and enhancement of environmental quality;
3.9  the conservation and reuse of resources and energy; the preservation and promotion of
3.10 conditions conducive to efficient, competitive, and adaptable systems of waste management;
3.11 and the orderly resolution of questions concerning changes in systems of waste management.
3.12 Criteria and standards for solid waste facilities shall must be consistent with rules adopted
3.13 by the Pollution Control Agency pursuant to chapter 116 and shall must be at least as
3.14 stringent as the guidelines, regulations, and standards of the federal Environmental Protection
3.15 Agency.
3.16     EFFECTIVE DATE; APPLICATION. This section is effective the day following
3.17 final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
3.18 Scott, and Washington.
3.19   Sec. 3. Minnesota Statutes 2024, section 473.165, is amended to read:
3.20     473.165 COUNCIL REVIEW; INDEPENDENT COMMISSION, BOARD,
3.21 AGENCY.
3.22     Subdivision 1. Council review. (1) The Metropolitan Council shall must review all
3.23 long-term comprehensive plans of each independent commission, board, or agency prepared
3.24 for its operation and development within the metropolitan area but only if such plan is
3.25 determined by the council to have an areawide effect, a multicommunity effect, or to have
3.26 a substantial effect on metropolitan development. Each plan shall must be submitted to the
3.27 council before any action is taken to place the plan or any part thereof, into effect.
3.28     Subd. 2. Review process. (2) No action shall be taken to place any plan or any part
3.29 thereof, into effect until 60 days have lapsed after the date of its submission to the council,
3.30 or until the council finds and notifies the submitting commission, board, or agency that the
3.31 plan is consistent with its comprehensive guide for the metropolitan area and the orderly
3.32 and economic economical development of the metropolitan area, whichever first occurs. If,
3.33 within 60 days after the date of submission, the council finds that a plan, or any part thereof,
3.34 is inconsistent with its comprehensive guide for the metropolitan area or detrimental to the
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4.1  orderly and economic economical development of the metropolitan area, or any part thereof,
4.2  it may direct that the operation of the plan, or such part thereof, be indefinitely suspended;
4.3  provided that the council shall must not direct the suspension of any plan or part thereof of
4.4  any sanitary sewer district operating within the metropolitan area which pertains to the
4.5  location and construction of a regional sewer plant or plants or the expansion or improvement
4.6  of the present Minneapolis-St. Paul sanitary district treatment plant. An affected commission,
4.7  board, or agency may appeal the decision of the Metropolitan Council suspending a plan,
4.8  or part thereof, to the entire membership of the Metropolitan Council for public hearing. If
4.9  the Metropolitan Council and the affected commission, board, or agency are unable to agree
4.10 as to an adjustment of the plan, so that it may receive the council's approval, then a record
4.11 of the disagreeing positions of the Metropolitan Council and the affected commission, board,
4.12 or agency shall must be made and the Metropolitan Council shall must prepare a
4.13 recommendation in connection therewith for consideration and disposition by the next
4.14 regular session of the legislature.
4.15     EFFECTIVE DATE; APPLICATION. This section is effective the day following
4.16 final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
4.17 Scott, and Washington.
4.18   Sec. 4. Minnesota Statutes 2024, section 473.173, subdivision 6, is amended to read:
4.19     Subd. 6. Biennial Decennial review; legislative report. The council and the advisory
4.20 metropolitan land use committee shall review and assess the rules following their effective
4.21 date and at least every two years thereafter. by January 15 of each year ending in the numeral
4.22 "5." No major alteration or amendments to standards for determining metropolitan
4.23 significance shall be put into effect by the council until 90 days have elapsed following a
4.24 report to the legislature in which after the alteration or amendment was proposed and
4.25 recommended by the council in the form of a proposed rule published under section 14.14,
4.26 subdivision 1a, or 14.22. The report to the legislature must be made during the month of
4.27 January.
4.28     EFFECTIVE DATE; APPLICATION. This section is effective the day following
4.29 final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
4.30 Scott, and Washington.
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5.1    Sec. 5. Minnesota Statutes 2024, section 473.245, is amended to read:
5.2      473.245 REPORTS.
5.3      On or before January 15 of each year, the Metropolitan Council shall report to the
5.4  legislature. The report shall include:
5.5      (1) a statement of the Metropolitan Council's receipts and expenditures by category since
5.6  the preceding report;
5.7      (2) a detailed budget for the year in which the report is filed and the following year
5.8  including an outline of its program for such period;
5.9      (3) an explanation of any policy plan and other comprehensive plan adopted in whole
5.10 or in part for the metropolitan area and the review comments of the affected metropolitan
5.11 agency;
5.12     (4) (3) summaries of any studies and the recommendations resulting therefrom made by
5.13 the Metropolitan Council, and a listing of all applications for federal money made by
5.14 governmental units within the metropolitan area submitted to the Metropolitan Council;
5.15     (5) (4) a listing summary of plans and plan amendments of local governmental units
5.16 and, environmental reviews, and other permit and plan reviews conducted by the council,
5.17 in addition to proposed matters of metropolitan significance submitted to the Metropolitan
5.18 Council;
5.19     (6) (5) a detailed report on the progress of any project undertaken by the council pursuant
5.20 to sections 473.194 to 473.201; and
5.21     (7) (6) recommendations of the Metropolitan Council for metropolitan area legislation,
5.22 including the organization and functions of the Metropolitan Council and the metropolitan
5.23 agencies.
5.24     EFFECTIVE DATE; APPLICATION. This section is effective the day following
5.25 final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
5.26 Scott, and Washington.
5.27   Sec. 6. Minnesota Statutes 2024, section 473.25, is amended to read:
5.28     473.25 LIVABLE COMMUNITIES CRITERIA AND GUIDELINES.
5.29     Subdivision 1. Funding criteria. (a) The council shall establish criteria for uses of the
5.30 fund provided in section 473.251 that are consistent with and promote the purposes of this
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6.1  article and the policies of the Metropolitan Development Guide adopted by the council
6.2  including, but not limited to:
6.3      (1) helping to change long-term market incentives that adversely impact creation and
6.4  preservation of living-wage jobs in the fully developed area;
6.5      (2) creating incentives for developing communities to include a full range of housing
6.6  opportunities;
6.7      (3) creating incentives to preserve and rehabilitate affordable housing in the fully
6.8  developed area; and
6.9      (4) creating incentives for all communities to implement compact and efficient
6.10 development.
6.11     Subd. 2. Guidelines. (b) The council shall establish guidelines for the livable community
6.12 demonstration account for projects that the council would consider funding with either
6.13 grants or loans. The guidelines must provide that the projects will:
6.14     (1) interrelate development or redevelopment and transit;
6.15     (2) interrelate affordable housing and employment growth areas;
6.16     (3) intensify land use that leads to more compact development or redevelopment;
6.17     (4) involve development or redevelopment that mixes incomes of residents in housing,
6.18 including introducing or reintroducing higher value housing in lower income areas to achieve
6.19 a mix of housing opportunities; or
6.20     (5) encourage public infrastructure investments which connect urban neighborhoods
6.21 and suburban communities, attract private sector redevelopment investment in commercial
6.22 and residential properties adjacent to the public improvement, and provide project area
6.23 residents with expanded opportunities for private sector employment.
6.24     Subd. 3. Priority applications. (c) The council shall establish guidelines governing who
6.25 may apply for a grant or loan from the fund, providing priority for proposals using innovative
6.26 partnerships between government, private for-profit, and nonprofit sectors.
6.27     Subd. 4. Annual plan. (d) The council shall prepare an annual plan for distribution of
6.28 the fund based on the criteria for project and applicant selection.
6.29     Subd. 5. Report to the legislature. (e) By April 1 each year, the council shall prepare
6.30 and submit to the legislature, as provided in section 3.195, an annual report on the
6.31 metropolitan livable communities fund. The report must include information on the
6.32 municipalities that have either elected to participate or elected to not participate under section
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7.1  473.251, subdivision 3, the amount of money in the fund, the amount distributed, to whom
7.2  the funds were distributed and for what purposes, and an evaluation of the effectiveness of
7.3  the projects funded in meeting the policies and goals of the council. The report may make
7.4  recommendations to the legislature on changes to Laws 1995, chapter 255.
7.5      EFFECTIVE DATE; APPLICATION. This section is effective the day following
7.6  final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
7.7  Scott, and Washington.
7.8    Sec. 7. Minnesota Statutes 2024, section 473.251, is amended to read:
7.9      473.251 METROPOLITAN LIVABLE COMMUNITIES FUND.
7.10     Subdivision 1. Accounts. The metropolitan livable communities fund is created and
7.11 consists of the following accounts:
7.12     (1) the tax base revitalization account;
7.13     (2) the livable communities demonstration account;
7.14     (3) the local housing incentives account; and
7.15     (4) the inclusionary housing account.
7.16     Subd. 2. Distribution of funds. The council must use the money from the accounts in
7.17 the metropolitan livable communities fund to make grants and loans to municipalities
7.18 participating in the metropolitan livable communities program under subdivision 3 or to
7.19 metropolitan area counties or development authorities for a project in a participating
7.20 municipality. For purposes of this section, "development authority" means a statutory or
7.21 home rule charter city, housing and redevelopment authority, economic development
7.22 authority, port authority, Tribal government, or Tribal development entity.
7.23     Subd. 3. Program participation. (a) A municipality may elect to participate in the
7.24 metropolitan livable communities program. The election to participate is effective after the
7.25 council adopts the municipality's affordable and life-cycle housing goals under subdivision
7.26 4. The election to participate in the program is effective until revoked according to paragraph
7.27 (b). A municipality is subject to this section only in those calendar years for which its
7.28 election to participate in the program is effective. For purposes of this section, "municipality"
7.29 means a municipality electing to participate in the metropolitan livable communities program
7.30 for the calendar year in question, unless the context indicates otherwise.
7.31     (b) A municipality may revoke its election to participate in the metropolitan livable
7.32 communities program. If the revocation occurs by December 31 of any year, the revocation
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8.1  is effective commencing the next calendar year. After revoking its election to participate
8.2  in the program, a municipality may again elect to participate in the program according to
8.3  paragraph (a).
8.4      (c) A municipality that elects to participate may receive grants or loans from any account
8.5  in the metropolitan livable communities fund under subdivision 1. A municipality that does
8.6  not participate is not eligible to receive a grant under sections 116J.551 to 116J.557. The
8.7  council, when making discretionary funding decisions, must consider a municipality's
8.8  participation in the metropolitan livable communities program.
8.9      Subd. 4. Affordable and life-cycle goals. The council must negotiate with each
8.10 municipality to establish affordable and life-cycle housing goals for that municipality that
8.11 are consistent with and promote the policies of the Metropolitan Council as provided in the
8.12 adopted Metropolitan Development Guide. The governing body of the council must adopt
8.13 the negotiated affordable and life-cycle housing goals of each municipality by January 15
8.14 of each year for each municipality newly electing to participate in the program or for each
8.15 municipality with which new housing goals have been negotiated. By June 30 of each year
8.16 for each municipality newly electing to participate in the program or for each municipality
8.17 with which new housing goals have been negotiated, each municipality must identify to the
8.18 council the actions it plans to take to meet the established housing goals.
8.19     EFFECTIVE DATE; APPLICATION. This section is effective the day following
8.20 final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
8.21 Scott, and Washington.
8.22   Sec. 8. Minnesota Statutes 2024, section 473.254, subdivision 6, is amended to read:
8.23     Subd. 6. Distribution of funds. (a) The funds money in the account must be distributed
8.24 annually by the council to municipalities that:
8.25     (1) have not met their affordable and life-cycle housing goals as determined by the
8.26 council; and
8.27     (2) are actively funding projects designed to help meet the goals.
8.28     Funds (b) Money may also be distributed to a development authority for a project in an
8.29 eligible municipality. The funds distributed by the council must be matched on a
8.30 dollar-for-dollar basis by the municipality or development authority receiving the funds.
8.31 When distributing funds in money from the account, the council must give priority to projects
8.32 that (1) are in municipalities that have contribution net tax capacities that exceed their
8.33 distribution net tax capacities by more than $200 per household, and (2) demonstrate the
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9.1  proposed project will link employment opportunities with affordable and life-cycle housing,
9.2  and (3) provide matching funds from a source other than the required affordable and life-cycle
9.3  housing opportunities amount under subdivision 3 or 3a, as applicable. For the purposes of
9.4  this subdivision, "municipality" means a statutory or home rule charter city or town in the
9.5  metropolitan area and "development authority" means a housing and redevelopment authority,
9.6  economic development authority, or port authority, Tribal government, or Tribal development
9.7  entity.
9.8      EFFECTIVE DATE; APPLICATION. This section is effective the day following
9.9  final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
9.10 Scott, and Washington.
9.11   Sec. 9. Minnesota Statutes 2024, section 473.254, subdivision 8, is amended to read:
9.12     Subd. 8. Later election to participate. (a) If a municipality did not participate in the
9.13 metropolitan livable communities program for one or more years and elects later to
9.14 participate, the municipality must, with respect to its affordable and life-cycle housing
9.15 opportunities amount for the calendar year preceding the participating calendar year:
9.16     (1) establish that it spent such amount on affordable and life-cycle housing during that
9.17 preceding calendar year; or
9.18     (2) agree to spend such amount from the preceding calendar year on affordable and
9.19 life-cycle housing in the participating calendar year, in addition to its affordable and life-cycle
9.20 housing opportunities amount for the participating calendar year; or
9.21     (3) distribute such amount to the local housing incentives account.
9.22     (b) The council will determine which investments count toward the required affordable
9.23 and life-cycle housing opportunities amount by comparing the municipality to participating
9.24 municipalities similar in terms of stage of development and demographics. If it determines
9.25 it to be in the best interests of the region, the council may waive a reasonable portion of the
9.26 amount.
9.27     EFFECTIVE DATE; APPLICATION. This section is effective the day following
9.28 final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
9.29 Scott, and Washington.
9.30   Sec. 10. Minnesota Statutes 2024, section 473.351, subdivision 3, is amended to read:
9.31     Subd. 3. Allocation formula. By July 1 May 15 of every year each implementing agency
9.32 must submit to the Metropolitan Parks and Open Space Commission a statement of the next
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10.1  annual anticipated operation and maintenance expenditures of the regional recreation open
10.2  space parks systems within their respective jurisdictions and the previous year's actual
10.3  expenditures from the most recent annual audited financial statement. After reviewing the
10.4  actual expenditures from the most recent annual audited financial statement submitted and
10.5  by July 15 of each year, the parks and open space commission shall forward to the
10.6  Metropolitan Council the funding requests from the implementing agencies based on the
10.7  actual expenditures made from the most recent annual audited financial statements. The
10.8  Metropolitan Council shall distribute the operation and maintenance money as follows:
10.9      (1) 40 percent based on the use that each implementing agency's regional recreation
10.10 open space system has in proportion to the total use of the metropolitan regional recreation
10.11 open space system;
10.12     (2) 40 percent based on the operation and maintenance expenditures made in the previous
10.13 year by each implementing agency in proportion to the total operation and maintenance
10.14 expenditures of all of the implementing agencies; and
10.15     (3) 20 percent based on the acreage that each implementing agency's regional recreation
10.16 open space system has in proportion to the total acreage of the metropolitan regional
10.17 recreation open space system. The 80 percent natural resource management land acreage
10.18 of the park reserves must be divided by four in calculating the distribution under this clause.
10.19     Each implementing agency must receive no less than 40 percent of its actual operation
10.20 and maintenance expenses to be incurred in the current calendar year budget as submitted
10.21 to the parks and open space commission. If the available operation and maintenance money
10.22 is less than the total amount determined by the formula including the preceding, the
10.23 implementing agencies will share the available money in proportion to the amounts they
10.24 would otherwise be entitled to under the formula.
10.25     EFFECTIVE DATE; APPLICATION. This section is effective the day following
10.26 final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
10.27 Scott, and Washington.
10.28   Sec. 11. Minnesota Statutes 2024, section 473.621, subdivision 6, is amended to read:
10.29     Subd. 6. Capital projects; review. All Minneapolis-St. Paul International Airport capital
10.30 projects of the commission requiring the expenditure of more than $5,000,000 shall must
10.31 be submitted to the Metropolitan Council for review. All other capital projects of the
10.32 commission requiring the expenditure of more than $2,000,000 shall must be submitted to
10.33 the Metropolitan Council for review. No such project that has a significant effect on the
 Sec. 11.  10
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11.1  orderly and economic economical development of the metropolitan area may be commenced
11.2  without the approval of the Metropolitan Council. In addition to any other criteria applied
11.3  by the Metropolitan Council in reviewing a proposed project, the council shall must not
11.4  approve a proposed project unless the council finds that the commission has completed a
11.5  process intended to provide affected municipalities the opportunity for discussion and public
11.6  participation in the commission's decision-making process. An "affected municipality" is
11.7  any municipality that (1) is adjacent to a commission airport, (2) is within the noise zone
11.8  of a commission airport, as defined in the Metropolitan Development Guide, or (3) has
11.9  notified the commission's secretary that it considers itself an "affected municipality." The
11.10 council must at a minimum determine that the commission:
11.11     (a) (i) provided adequate and timely notice of the proposed project to each affected
11.12 municipality;
11.13     (b) (ii) provided to each affected municipality a complete description of the proposed
11.14 project;
11.15     (c) (iii) provided to each affected municipality notices, agendas, and meeting minutes
11.16 of all commission meetings, including advisory committee meetings, at which the proposed
11.17 project was to be discussed or voted on in order to provide the municipalities the opportunity
11.18 to solicit public comment and participate in the project development on an ongoing basis;
11.19 and
11.20     (d) (iv) considered the comments of each affected municipality.
11.21     EFFECTIVE DATE. This section is effective the day following final enactment.
11.22   Sec. 12. Minnesota Statutes 2024, section 473.851, is amended to read:
11.23     473.851 LEGISLATIVE FINDINGS AND PURPOSE.
11.24     The legislature finds and declares that the local governmental units within the
11.25 metropolitan area are interdependent, that the growth and patterns of urbanization within
11.26 the area create the need for additional state, metropolitan and local public services and
11.27 facilities and increase the danger of air and water pollution and water shortages, and that
11.28 developments in one local governmental unit may affect the provision of regional capital
11.29 improvements for sewers, transportation, airports, water supply, and regional recreation
11.30 open space. Since problems of urbanization and development transcend local governmental
11.31 boundaries, there is a need for the adoption of coordinated plans, programs and controls by
11.32 all local governmental units in order to protect the health, safety and welfare of the residents
11.33 of the metropolitan area and to ensure coordinated, orderly, and economic economical
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12.1  development. Therefore, it is the purpose of sections 462.355, 473.175, and 473.851 to
12.2  473.871 to (1) establish requirements and procedures to accomplish comprehensive local
12.3  planning with land use controls consistent with planned, orderly and staged development
12.4  and the metropolitan system plans, and (2) to provide assistance to local governmental units
12.5  within the metropolitan area for the preparation of plans and official controls appropriate
12.6  for their areas and consistent with metropolitan system plans.
12.7      EFFECTIVE DATE; APPLICATION. This section is effective the day following
12.8  final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
12.9  Scott, and Washington.
12.10   Sec. 13. Minnesota Statutes 2024, section 473.859, subdivision 1, is amended to read:
12.11     Subdivision 1. Contents. The comprehensive plan shall must contain objectives, policies,
12.12 standards and programs to guide public and private land use, development, redevelopment
12.13 and preservation for all lands and waters within the jurisdiction of the local governmental
12.14 unit through 1990 the planning year identified in the metropolitan development guide in
12.15 effect and may extend through any year thereafter which is evenly divisible by five. Each
12.16 plan shall must specify expected industrial and commercial development, planned population
12.17 distribution, and local public facility capacities upon which the plan is based. Each plan
12.18 shall must contain a discussion of the use of the public facilities specified in the metropolitan
12.19 system statement and the effect of the plan on adjacent local governmental units and affected
12.20 school districts. Existing plans and official controls may be used in whole or in part following
12.21 modification, as necessary, to satisfy the requirements of sections 462.355, 473.175, and
12.22 473.851 to 473.871. Each plan may contain an intergovernmental coordination element that
12.23 describes how its planned land uses and urban services affect other communities, adjacent
12.24 local government units, the region, and the state, and that includes guidelines for joint
12.25 planning and decision making with other communities, school districts, and other jurisdictions
12.26 for siting public schools, building public facilities, and sharing public services.
12.27     Each plan may contain an economic development element that identifies types of mixed
12.28 use development, expansion facilities for businesses, and methods for developing a balanced
12.29 and stable economic base.
12.30     The comprehensive plan may contain any additional matter which may be included in
12.31 a comprehensive plan of the local governmental unit pursuant to the applicable planning
12.32 statute.
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 01/08/26   REVISOR  EB/NS  26-06158
13.1      EFFECTIVE DATE; APPLICATION. This section is effective the day following
13.2  final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
13.3  Scott, and Washington.
13.4    Sec. 14. Minnesota Statutes 2024, section 473.864, subdivision 2, is amended to read:
13.5      Subd. 2. Decennial review. (a) By December 31, 1998, and at least once every ten years
13.6  thereafter, each local governmental unit shall must review and, if necessary, amend its entire
13.7  comprehensive plan and its fiscal devices and official controls. Such review and, if necessary,
13.8  amendment shall must ensure that, as provided in section 473.865, the fiscal devices and
13.9  official controls of each local government unit are not in conflict with its comprehensive
13.10 plan.
13.11     (b) Upon completion of review and, if necessary, amendment of its comprehensive plan,
13.12 fiscal devices, and official controls as required by this section, each local government unit
13.13 shall must either:
13.14     (a) (1) submit to the Metropolitan Council the entire current comprehensive plan together
13.15 with written certification by the governing body of the local government unit that it has
13.16 complied with this section and that no amendments to its plan or fiscal devices or official
13.17 controls are necessary; or
13.18     (b)(1) (2)(i) submit the entire updated comprehensive plan and amendment or amendments
13.19 to its comprehensive plan necessitated by its review to the Metropolitan Council for review;
13.20 and
13.21     (2) (ii) submit the amendment or amendments to its fiscal devices or official controls
13.22 necessitated by its review to the Metropolitan Council for information purposes as provided
13.23 by section 473.865.
13.24     (c) Except as otherwise provided in this paragraph, local governments shall must consider,
13.25 in preparing their updated comprehensive plans, amendments to metropolitan system plans
13.26 in effect on December 31, 1996 at the time of consideration. For metropolitan system plans,
13.27 or amendments thereto, adopted after December 31, 1996, Local governments shall must
13.28 review their comprehensive plans to determine if an amendment is necessary to conform
13.29 to the metropolitan system plans. If an amendment is necessary, the local government shall
13.30 must prepare the amendment and submit it to the council for review by September 30, 1999,
13.31 or nine months after the council transmits the metropolitan system plan amendment to the
13.32 local government, whichever is later pursuant to the time frames established under section
13.33 473.856.
 Sec. 14.  13
 01/08/26   REVISOR  EB/NS  26-06158
14.1      (d) The periodic review required in this subdivision shall be is in addition to the review
14.2  required by section 473.856.
14.3      (e) The Metropolitan Council may grant extensions to local government units in order
14.4  to allow local government units to complete the review and, if necessary, amendment
14.5  required by this subdivision. Such extensions, if granted by the Metropolitan Council, must
14.6  include a timetable and plan for completion of the review and amendment.
14.7      (f) Amendments to comprehensive plans of local governmental units shall must be
14.8  prepared, submitted, and adopted in conformance with guidelines adopted by the Metropolitan
14.9  Council pursuant to section 473.854.
14.10     EFFECTIVE DATE; APPLICATION. This section is effective the day following
14.11 final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
14.12 Scott, and Washington.
14.13   Sec. 15. Minnesota Statutes 2024, section 473H.08, subdivision 3, is amended to read:
14.14     Subd. 3. Expiration by authority. The authority may initiate expiration by notifying
14.15 the landowner by registered letter on a form provided by the commissioner of agriculture,
14.16 provided that before notification (i) the comprehensive plan and the zoning for the land
14.17 have been officially amended so that the land is no longer planned for long-term agriculture
14.18 and is no longer zoned for long-term agriculture, evidenced by a maximum residential
14.19 density permitting more than one unit per quarter/quarter, and (ii) the authority has certified
14.20 such changes pursuant to section 473H.04, subdivision 2. The notice shall describe the
14.21 property for which expiration is desired and shall state the date of expiration which shall
14.22 be at least eight years from the date of notice. the authority adopts a resolution describing
14.23 the property for which expiration is desired and states the date of expiration, which must
14.24 be at least eight years from the date of notice. At least two weeks before the authority adopts
14.25 the resolution, the authority must publish a notice of its intended action in a newspaper
14.26 having a general circulation within the area of jurisdiction of the authority. Within six
14.27 months of the authority issuing notice, the authority must amend the comprehensive plan
14.28 and the zoning for the land, pursuant to sections 473.854 and 473.865, so that the land is
14.29 no longer planned for long-term agriculture and is no longer zoned for long-term agriculture,
14.30 evidenced by a maximum residential density permitting more than one unit per
14.31 quarter/quarter.
14.32     EFFECTIVE DATE; APPLICATION. This section is effective the day following
14.33 final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
14.34 Scott, and Washington.
 Sec. 15.  14
01/08/26   REVISOR  EB/NS  26-06158
15.1   Sec. 16. REPEALER.
15.2     Minnesota Statutes 2024, sections 473.254, subdivisions 1, 2, and 9; and 473.859,
15.3 subdivision 2a, are repealed.
15.4     EFFECTIVE DATE. This section is effective the day following final enactment.
Sec. 16.  15
  APPENDIX
  Repealed Minnesota Statutes: 26-06158
    473.254 LOCAL HOUSING INCENTIVES ACCOUNT.
    Subdivision 1. Participation. (a) A municipality may elect to participate in the local housing
incentive account program. If the election to participate occurs by November 15 of any year, it is
effective commencing the next calendar year; otherwise it is effective commencing the next
succeeding calendar year. An election to participate in the program is effective until revoked
according to paragraph (b). A municipality is subject to this section only in those calendar years
for which its election to participate in the program is effective. For purposes of this section,
municipality means a municipality electing to participate in the local housing incentive account
program for the calendar year in question, unless the context indicates otherwise.
     (b) A municipality may revoke its election to participate in the local housing incentive account
program. If the revocation occurs by November 15 of any year, it is effective commencing the next
calendar year; otherwise it is effective commencing the next succeeding calendar year. After revoking
its election to participate in the program, a municipality may again elect to participate in the program
according to paragraph (a).
    (c) A municipality that elects to participate may receive grants or loans from the tax base
revitalization account, livable communities demonstration account, or the local housing incentive
account. A municipality that does not participate is not eligible to receive a grant under sections
116J.551 to 116J.557. The council, when making discretionary funding decisions, shall give
consideration to a municipality's participation in the local housing incentives program.
    Subd. 2. Affordable, life-cycle goals. The council shall negotiate with each municipality to
establish affordable and life-cycle housing goals for that municipality that are consistent with and
promote the policies of the Metropolitan Council as provided in the adopted Metropolitan
Development Guide. The council shall adopt, by resolution after a public hearing, the negotiated
affordable and life-cycle housing goals for each municipality by January 15, 1996, and by January
15 in each succeeding year for each municipality newly electing to participate in the program or
for each municipality with which new housing goals have been negotiated. By June 30, 1996, and
by June 30 in each succeeding year for each municipality newly electing to participate in the program
or for each municipality with which new housing goals have been negotiated, each municipality
shall identify to the council the actions it plans to take to meet the established housing goals.
    Subd. 9. Report to legislature. By February 1 of each year, the council must report to the
legislature the municipalities that have elected to participate and not to participate under subdivision
1. This report must be filed as provided in section 3.195.
    473.859 COMPREHENSIVE PLAN CONTENT.
    Subd. 2a. Application of subdivision 2, paragraph (d). Subdivision 2, paragraph (d), applies
only to land use plans adopted or amended by the governing body in relation to aggregate or when
the governing body is presented with a written application for adoption or amendment of a land
use plan relating to aggregate, from a landowner after August 1, 2001, in the counties of Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, and Washington.
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