Bill Text: MN SF2299 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Metropolitan government water resources plan technical corrections
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-03-08 - Referred to Local Government and Elections [SF2299 Detail]
Download: Minnesota-2011-SF2299-Introduced.html
1.2relating to metropolitan government; making miscellaneous technical corrections
1.3to water resources statutes; removing and modifying obsolete language;
1.4amending Minnesota Statutes 2010, sections 473.157; 473.517, subdivisions 1, 9;
1.5473.519; 473.523, subdivision 1; 473.541, subdivision 2; 473.543, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 473.157, is amended to read:
1.8473.157 WATER RESOURCES PLAN.
1.9To help achieve federal and state water quality standards, provide effective water
1.10pollution control, and help reduce unnecessary investments in advanced wastewater
1.11treatment, the council shall adopt a water resources plan that includes management
1.12objectivesand target pollution loads for watersheds in the metropolitan area. The council
1.13shall recommend to the Board of Water and Soil Resources performance standards for
1.14watershed plans in the metropolitan area, including standards relating to the timing of plan
1.15revisions and proper water quality management.
1.16 Sec. 2. Minnesota Statutes 2010, section 473.517, subdivision 1, is amended to read:
1.17 Subdivision 1. Allocation method. Except as provided in subdivision 3, the
1.18estimated costs of operation, maintenance, and debt service of the metropolitan disposal
1.19system to be paid by the council in each fiscal year, and the costs of acquisition and
1.20betterment of the system which are to be paid during the year from funds other than bond
1.21proceeds, including all expenses incurred by the council pursuant to sections473.501 to
1.22473.545
, are referred to in this section as current costs, and shall be allocated among and
1.23paid by all local government units which will discharge sewage, directly or indirectly,
2.1into the metropolitan disposal system during the budget year according to an allocation
2.2method determined by the council. The allocated costs may include an amount for a
2.3reserve or contingency fund and an amount for cash flow management. The cash flow
2.4management fund so established must not exceed five percent of the council's totalwaste
2.5control wastewater services operating budget.
2.6 Sec. 3. Minnesota Statutes 2010, section 473.517, subdivision 9, is amended to read:
2.7 Subd. 9. Advisory committees. The council may establish and appoint persons to
2.8advisory committees to assist the council in the performance of its wastewatercontrol
2.9services duties. If established, the advisory committees shall meet with the council
2.10to consult with such members concerning the acquisition, betterment, operation and
2.11maintenance of interceptors and treatment works in the metropolitan disposal system,
2.12and the allocation of costs therefor. Members of the advisory committee serve without
2.13compensation but must be reimbursed for their reasonable expenses as determined by
2.14the council.
2.15 Sec. 4. Minnesota Statutes 2010, section 473.519, is amended to read:
2.16473.519 1972 U.S. WATER POLLUTION CONTROL ACT: USE CHARGE
2.17SHARES.
2.18Each local government unit shall adopt a system of charges for the use and
2.19availability of the metropolitan disposal system which will assure that each recipient of
2.20waste treatment services within or served by the unit will pay its proportionate share of
2.21the costs allocated to the unit by the council under section473.517 , as required by the
2.22federal Water Pollution Control Act amendments of 1972, and any regulations issued
2.23pursuant thereto. Each system of chargesshall be adopted as soon as possible and shall be
2.24submitted to the council if requested by the council.The council shall review each system
2.25of charges to determine whether it complies with the federal law and regulations. If it
2.26determines that a system of charges does not comply, the adopting unit shall be notified
2.27and shall change its system to comply, and shall submit the changes to the council for
2.28review. All subsequent changes in a system of charges proposed by a local government
2.29unit shall also be submitted to the council for review.
2.30 Sec. 5. Minnesota Statutes 2010, section 473.523, subdivision 1, is amended to read:
2.31 Subdivision 1. In section471.345 . All contracts for construction work, or for the
2.32purchase of materials, supplies, or equipment relating to the metropolitan disposal system
2.33shall be made as provided in section471.345, subdivisions 3 to 6 . Contracts subject to
3.1section471.345, subdivision 3 , shall be made by the council by publishing once in a legal
3.2newspaper or trade paper published in a city of the first class not less than two weeks
3.3before the last day for submission of bids, notice that bids or proposals will be received.
3.4Such notice shall state the nature of the work or purchase and the terms and conditions
3.5upon which the contract is to be awarded, and a time and place where such bids will be
3.6received, opened, and read publicly. After such bids have been duly received, opened,
3.7read publicly, and recorded, the council shall award such contract to the lowest responsible
3.8bidder or it may reject all bids and readvertise. Each contract shall be duly executed
3.9in writing and the party to whom the contract is awarded shall give sufficient bond or
3.10security to theboard council for the faithful performance of the contract as required by
3.11law. The council shall have the right to set qualifications and specifications and to require
3.12bids to meet all such qualifications and specifications before being accepted. If the council
3.13by an affirmative vote of two-thirds of its members declares that an emergency exists
3.14requiring the immediate purchase of materials or supplies at a cost in excess of the amount
3.15specified in section471.345, subdivision 3 , or in making emergency repairs, it shall not be
3.16necessary to advertise for bids.
3.17 Sec. 6. Minnesota Statutes 2010, section 473.541, subdivision 2, is amended to read:
3.18 Subd. 2. Emergency certificates. If in any budget year the receipts of tax and other
3.19revenues should from some unforeseen cause become insufficient to pay the council's
3.20current wastewatercontrol services expenses, or if any calamity or other public emergency
3.21should subject it to the necessity of making extraordinary wastewatercontrol services
3.22expenditures, the council may make an emergency appropriation of an amount sufficient to
3.23meet the deficiency and may authorize the issuance, negotiation, and sale of certificates of
3.24indebtedness in this amount in the same manner and upon the same conditions as provided
3.25in subdivision 1, except that. The council shall forthwith may levy on all taxable property
3.26in the metropolitan area a tax sufficient to pay the certificates and interest thereon, and
3.27shall appropriate all collections of such tax to a special fund created for that purpose.
3.28The certificates may mature not later than April in the year following the year in which
3.29the any levied tax is collectible.
3.30 Sec. 7. Minnesota Statutes 2010, section 473.543, subdivision 1, is amended to read:
3.31 Subdivision 1. Disposed of as budgeted; pledges. All moneys from wastewater
3.32control services operations received by the council shall be deposited or invested by
3.33the treasurer and disposed of as the council may direct in accordance with itswaste
3.34control wastewater services budget; provided that any moneys that have been pledged or
4.1dedicated by the Metropolitan Council to the payment of obligations or interest thereon or
4.2expenses incident thereto, or for any other specific purpose authorized by law, shall be
4.3paid by the treasurer into the fund to which they have been pledged.
4.4 Sec. 8. APPLICATION.
4.5Sections 1 to 7 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
4.6Scott, and Washington.
4.7 Sec. 9. EFFECTIVE DATE.
4.8Sections 1 to 8 are effective the day following final enactment.
1.3to water resources statutes; removing and modifying obsolete language;
1.4amending Minnesota Statutes 2010, sections 473.157; 473.517, subdivisions 1, 9;
1.5473.519; 473.523, subdivision 1; 473.541, subdivision 2; 473.543, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 473.157, is amended to read:
1.8473.157 WATER RESOURCES PLAN.
1.9To help achieve federal and state water quality standards, provide effective water
1.10pollution control, and help reduce unnecessary investments in advanced wastewater
1.11treatment, the council shall adopt a water resources plan that includes management
1.12objectives
1.13shall recommend to the Board of Water and Soil Resources performance standards for
1.14watershed plans in the metropolitan area, including standards relating to the timing of plan
1.15revisions and proper water quality management.
1.16 Sec. 2. Minnesota Statutes 2010, section 473.517, subdivision 1, is amended to read:
1.17 Subdivision 1. Allocation method. Except as provided in subdivision 3, the
1.18estimated costs of operation, maintenance, and debt service of the metropolitan disposal
1.19system to be paid by the council in each fiscal year, and the costs of acquisition and
1.20betterment of the system which are to be paid during the year from funds other than bond
1.21proceeds, including all expenses incurred by the council pursuant to sections
1.23paid by all local government units which will discharge sewage, directly or indirectly,
2.1into the metropolitan disposal system during the budget year according to an allocation
2.2method determined by the council. The allocated costs may include an amount for a
2.3reserve or contingency fund and an amount for cash flow management. The cash flow
2.4management fund so established must not exceed five percent of the council's total
2.5
2.6 Sec. 3. Minnesota Statutes 2010, section 473.517, subdivision 9, is amended to read:
2.7 Subd. 9. Advisory committees. The council may establish and appoint persons to
2.8advisory committees to assist the council in the performance of its wastewater
2.9services duties. If established, the advisory committees shall meet with the council
2.10to consult with such members concerning the acquisition, betterment, operation and
2.11maintenance of interceptors and treatment works in the metropolitan disposal system,
2.12and the allocation of costs therefor. Members of the advisory committee serve without
2.13compensation but must be reimbursed for their reasonable expenses as determined by
2.14the council.
2.15 Sec. 4. Minnesota Statutes 2010, section 473.519, is amended to read:
2.16473.519 1972 U.S. WATER POLLUTION CONTROL ACT: USE CHARGE
2.17SHARES.
2.18Each local government unit shall adopt a system of charges for the use and
2.19availability of the metropolitan disposal system which will assure that each recipient of
2.20waste treatment services within or served by the unit will pay its proportionate share of
2.21the costs allocated to the unit by the council under section
2.22federal Water Pollution Control Act amendments of 1972, and any regulations issued
2.23pursuant thereto. Each system of charges
2.24submitted to the council if requested by the council.
2.25
2.26
2.27
2.28
2.29
2.30 Sec. 5. Minnesota Statutes 2010, section 473.523, subdivision 1, is amended to read:
2.31 Subdivision 1. In section
2.32purchase of materials, supplies, or equipment relating to the metropolitan disposal system
2.33shall be made as provided in section
3.1section
3.2newspaper or trade paper published in a city of the first class not less than two weeks
3.3before the last day for submission of bids, notice that bids or proposals will be received.
3.4Such notice shall state the nature of the work or purchase and the terms and conditions
3.5upon which the contract is to be awarded, and a time and place where such bids will be
3.6received, opened, and read publicly. After such bids have been duly received, opened,
3.7read publicly, and recorded, the council shall award such contract to the lowest responsible
3.8bidder or it may reject all bids and readvertise. Each contract shall be duly executed
3.9in writing and the party to whom the contract is awarded shall give sufficient bond or
3.10security to the
3.11law. The council shall have the right to set qualifications and specifications and to require
3.12bids to meet all such qualifications and specifications before being accepted. If the council
3.13by an affirmative vote of two-thirds of its members declares that an emergency exists
3.14requiring the immediate purchase of materials or supplies at a cost in excess of the amount
3.15specified in section
3.16necessary to advertise for bids.
3.17 Sec. 6. Minnesota Statutes 2010, section 473.541, subdivision 2, is amended to read:
3.18 Subd. 2. Emergency certificates. If in any budget year the receipts of tax and other
3.19revenues should from some unforeseen cause become insufficient to pay the council's
3.20current wastewater
3.21should subject it to the necessity of making extraordinary wastewater
3.22expenditures, the council may make an emergency appropriation of an amount sufficient to
3.23meet the deficiency and may authorize the issuance, negotiation, and sale of certificates of
3.24indebtedness in this amount in the same manner and upon the same conditions as provided
3.25in subdivision 1
3.26in the metropolitan area a tax sufficient to pay the certificates and interest thereon, and
3.27shall appropriate all collections of such tax to a special fund created for that purpose.
3.28The certificates may mature not later than April in the year following the year in which
3.29
3.30 Sec. 7. Minnesota Statutes 2010, section 473.543, subdivision 1, is amended to read:
3.31 Subdivision 1. Disposed of as budgeted; pledges. All moneys from wastewater
3.32
3.33the treasurer and disposed of as the council may direct in accordance with its
3.34
4.1dedicated by the Metropolitan Council to the payment of obligations or interest thereon or
4.2expenses incident thereto, or for any other specific purpose authorized by law, shall be
4.3paid by the treasurer into the fund to which they have been pledged.
4.4 Sec. 8. APPLICATION.
4.5Sections 1 to 7 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
4.6Scott, and Washington.
4.7 Sec. 9. EFFECTIVE DATE.
4.8Sections 1 to 8 are effective the day following final enactment.
