SF2213

Purpose

• The bill would allow the city of Buffalo to create its own public utilities commission (PUC) with five members. This would be done by local ordinance, and the city would adopt a specific provision from state law in place of certain sections, while otherwise following the broader state rules for municipal utilities.

Key Provisions

• Buffalo may establish a public utilities commission with five members by ordinance.
• The ordinance can expressly adopt the provisions of a specific paragraph (paragraph b) to replace certain parts of state law (Minnesota Statutes section 412.341 subdivisions 1 and 2) and must otherwise comply with Minnesota Statutes section 412.331, including adopting all provisions of Minnesota Statutes sections 412.331 to 412.391.
• The commission is to be composed of five members appointed by the city council.
• No more than two of the five commissioners may be current city council members.
• Each commissioner serves a three-year term, continuing until a successor is appointed and qualified.
• For initial appointments in any city, two commissioners will serve a one-year term, two will serve a two-year term, and one will serve a three-year term to create staggering terms.

Changes to Existing Law

• Overrides certain requirements of Minnesota Statutes (412.331 and 412.341) for Buffalo, enabling a locally controlled five-member PUC by ordinance.
• Maintains overall alignment with the general framework for municipal utilities by requiring compliance with the broader 412.331–412.391 provisions, but allows substitution of specific 412.341 provisions with paragraph b.

Composition, Terms, and Oversight

• Five-member commission appointed by the city council.
• Limitation: at most two commissioners may be from the city council.
• Term structure: three-year terms for most, with an initial staggered schedule (one-year, two-year, and three-year terms for the first set of appointees) to ensure continuity.

Implementation Notes

• The bill uses a “notwithstanding” clause to override certain state statutes for Buffalo’s local setup.
• The city would adopt an ordinance detailing the commission’s structure and operations, and would adopt the full set of related state provisions (412.331–412.391) for governance of the PUC.

Relevant Terms - public utilities commission - Buffalo - ordinance - Minnesota Statutes - not withstanding - 412.331 - 412.341 - subdivisions - paragraph b - five members - council appointment - term length - term staggering - municipal utilities - local governance