HF 1835

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/08/2015 08:00am

A bill for an act
relating to water; modifying Metropolitan Area Water Supply Advisory
Committee and specifying duties; modifying water supply plan requirements;
requiring a report; delaying implementation of groundwater management
area plan; appropriating money; amending Minnesota Statutes 2014, sections
103G.291, subdivision 3; 473.1565.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 103G.291, subdivision 3, is amended to
read:

Subd. 3.

Water supply plans; demand reduction.

(a) Every public water supplier
serving more than 1,000 people must submit a water supply plan to the commissioner
for approval by January 1, 1996. In accordance with guidelines developed by the
commissioner, the plan must address projected demands, adequacy of the water supply
system and planned improvements, existing and future water sources, natural resource
impacts or limitations, emergency preparedness, water conservation, supply and demand
reduction measures, and allocation priorities that are consistent with section 103G.261.
Public water suppliers must update their plan and, upon notification, submit it to the
commissioner for approval every ten years.

(b) The water supply plan in paragraph (a) is required for all communities in the
metropolitan area, as defined in section 473.121, with a municipal water supply system
and is a required element of the local comprehensive plan required under section 473.859.
deleted text begin Water supply plans or updates submitted after December 31, 2008, must be consistent
with the metropolitan area master water supply plan required under section 473.1565,
subdivision 1, paragraph (a), clause (2).
deleted text end

(c) Public water suppliers serving more than 1,000 people must encourage
water conservation by employing water use demand reduction measures, as defined in
subdivision 4, paragraph (a), before requesting approval from the commissioner of health
under section 144.383, paragraph (a), to construct a public water supply well or requesting
an increase in the authorized volume of appropriation. The commissioner of natural
resources and the water supplier shall use a collaborative process to achieve demand
reduction measures as a part of a water supply plan review process.

(d) Public water suppliers serving more than 1,000 people must submit records
that indicate the number of connections and amount of use by customer category and
volume of water unaccounted for with the annual report of water use required under
section 103G.281, subdivision 3.

(e) For the purposes of this section, "public water supplier" means an entity that owns,
manages, or operates a public water supply, as defined in section 144.382, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2014, section 473.1565, is amended to read:

473.1565 METROPOLITAN AREA WATER SUPPLY PLANNING
ACTIVITIES; ADVISORY deleted text begin COMMITTEE deleted text end new text begin COMMITTEES new text end .

Subdivision 1.

Planning activities.

(a) The Metropolitan Council must carry out
planning activities addressing the water supply needs of the metropolitan area as defined
in section 473.121, subdivision 2. The planning activities must include, at a minimum:

(1) development and maintenance of a base of technical information needed for
sound water supply decisions including surface and groundwater availability analyses,
water demand projections, water withdrawal and use impact analyses, modeling, and
similar studies;

(2) development and periodic update of a metropolitan area master water supply
plan, prepared in cooperation with and subject to the approval of the deleted text begin commissioner of
natural resources deleted text end new text begin policy advisory committee established in this section new text end , that:

(i) provides guidance for local water supply systems and future regional investments;

(ii) emphasizes conservation, interjurisdictional cooperation, and long-term
sustainability; and

(iii) addresses the reliability, security, and cost-effectiveness of the metropolitan area
water supply system and its local and subregional components;

(3) recommendations for clarifying the appropriate roles and responsibilities of
local, regional, and state government in metropolitan area water supply;

(4) recommendations for streamlining and consolidating metropolitan area water
supply decision-making and approval processes; and

(5) recommendations for the ongoing and long-term funding of metropolitan area
water supply planning activities and capital investments.

(b) The council must carry out the planning activities in this subdivision in
consultation with the Metropolitan Area Water Supply new text begin Policy and Technical new text end Advisory
deleted text begin Committee deleted text end new text begin Committees new text end established in deleted text begin subdivision 2 deleted text end new text begin this section new text end .

Subd. 2.

new text begin Policy new text end advisory committee.

(a) A Metropolitan Area Water Supply
new text begin Policy new text end Advisory Committee is established to assist the council in its planning activities
in subdivision 1 new text begin and to provide advice to the Legislative Water Commission new text end . The new text begin policy
new text end advisory committee has the following membership:

(1) the commissioner of agriculture or the commissioner's designee;

(2) the commissioner of health or the commissioner's designee;

(3) the commissioner of natural resources or the commissioner's designee;

(4) the commissioner of the Pollution Control Agency or the commissioner's
designee;

(5) two officials of counties that are located in the metropolitan area, appointed by
the governor new text begin , in consultation with the Association of Minnesota Counties new text end ;

(6) five officials of noncounty local governmental units that are located in the
metropolitan area, appointed by the governor new text begin , in consultation with the Association of
Metropolitan Municipalities new text end ;

(7) the chair of the Metropolitan Council or the chair's designee, who is chair of the
advisory committee; deleted text begin and
deleted text end

(8) one official each from the counties of Chisago, Isanti, Sherburne, and Wright,
appointed by the governor new text begin , in consultation with the Association of Minnesota Counties
and the League of Minnesota Cities; and
new text end

new text begin (9) a member of the Board of Water Commissioners of the Saint Paul Regional Water
Services, appointed by and serving at the pleasure of the Board of Water Commissioners,
and a representative of the Minneapolis Water Department, appointed by and serving at
the pleasure of the mayor of the city of Minneapolis new text end .

A local government unit in each of the seven counties in the metropolitan area
and Chisago, Isanti, Sherburne, and Wright Counties must be represented in the 11
appointments made under clauses (5), (6), and (8).

(b) Members of the advisory committee appointed by the governor serve at the
pleasure of the governor. Members of the advisory committee serve without compensation
but may be reimbursed for their reasonable expenses as determined by the Metropolitan
Council. deleted text begin The advisory committee expires December 31, 2016.
deleted text end

(c) The council must consider the work and recommendations of the new text begin policy new text end advisory
committee when the council is preparing its regional development framework.

new text begin Subd. 2a. new text end

new text begin Technical advisory committee. new text end

new text begin A Metropolitan Area Water Supply
Technical Advisory Committee is established to inform the policy advisory committee's
work by providing scientific and engineering expertise necessary to provide the region an
adequate and sustainable water supply. The technical advisory committee consists of 11
members appointed by the policy advisory committee as follows:
new text end

new text begin (1) six members to represent operators of single-city and multicity public water
supply systems in the metropolitan area;
new text end

new text begin (2) a hydrologist with expertise in groundwater analysis and modeling;
new text end

new text begin (3) a hydrologist with expertise in surface water analysis and modeling;
new text end

new text begin (4) an engineer with expertise in the design and construction of water supply systems;
new text end

new text begin (5) a person with expertise in population and demographic forecasting and modeling;
and
new text end

new text begin (6) a person with expertise in water demand forecasting.
new text end

new text begin Members of the technical advisory committee serve at the pleasure of the policy advisory
committee, without compensation, but may be reimbursed for their reasonable expenses as
determined by the council.
new text end

Subd. 3.

Reports to legislature.

new text begin (a) new text end The council must submit reports to the
legislature regarding its findings, recommendations, and continuing planning activities
under subdivision 1. These reports shall be included in the "Minnesota Water Plan"
required in section 103B.151, and five-year interim reports may be provided as necessary.

new text begin (b) By February 15, 2017, and at least every five years thereafter, the policy advisory
committee shall report to the council, the Legislative Water Commission, and the chairs
and ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over environment and natural resources with the information
required under this section. The policy advisory committee's report and recommendations
must include information provided by the technical advisory committee.
new text end

new text begin EFFECTIVE DATE; APPLICATION. new text end

new text begin This section is effective the day following
final enactment and applies in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 3. new text begin NORTH AND EAST METRO GROUNDWATER MANAGEMENT
AREA PLAN SUSPENSION.
new text end

new text begin Until the report required under Minnesota Statutes, section 473.1565, is submitted to
the legislature, the commissioner of natural resources shall not:
new text end

new text begin (1) implement groundwater appropriation permit changes as proposed in the North
and East Metro Groundwater Management Area Plan Draft, prepared February 2, 2015; or
new text end

new text begin (2) require communities to connect to a regional surface water source or otherwise
expend resources to plan or prepare for a regional surface water connection.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated for the biennium beginning July 1, 2015, from the general
fund to the Metropolitan Council for the council's and the policy and technical advisory
committees' work under Minnesota Statutes, section 473.1565.
new text end