2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/14/2005 | |
1st Engrossment | Posted on 03/09/2005 | |
2nd Engrossment | Posted on 04/04/2005 |
A bill for an act
relating to the Metropolitan Council; requiring the
Metropolitan Council to carry out metropolitan area
water supply planning activities; establishing an
advisory committee to assist the council in carrying
out the planning activities; abolishing the housing
bond credit enhancement program; providing for
continued debt reserve and levy authority for bonds
issued under the program before its abolishment;
providing for the use of available funds from the
abolished housing bond credit enhancement program for
the council's metropolitan area water supply planning
activities; amending Minnesota Statutes 2004, section
473.197, subdivision 4; proposing coding for new law
in Minnesota Statutes, chapter 473; repealing
Minnesota Statutes 2004, sections 473.156; 473.197,
subdivisions 1, 2, 3, 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(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:
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(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;
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(2) development and periodic update of a metropolitan area
master water supply plan that:
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(i) provides guidance for local water supply systems and
future regional investments;
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(ii) emphasizes conservation, interjurisdictional
cooperation, and long-term sustainability; and
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(iii) addresses the reliability, security, and
cost-effectiveness of the metropolitan area water supply system
and its local and subregional components;
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(3) recommendations for clarifying the appropriate roles
and responsibilities of local, regional, and state government in
metropolitan area water supply;
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(4) recommendations for streamlining and consolidating
metropolitan area water supply decision-making and approval
processes; and
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(5) recommendations for the ongoing and long-term funding
of metropolitan area water supply planning activities and
capital investments.
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(b) The council must carry out the planning activities in
this subdivision in consultation with the metropolitan area
water supply advisory committee established in subdivision 2.
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(a) A metropolitan area
water supply advisory committee is established to assist the
council in its planning activities in subdivision 1. The
advisory committee has the following membership:
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(1) the commissioner of agriculture or the commissioner's
designee;
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(2) the commissioner of health or the commissioner's
designee;
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(3) the commissioner of natural resources or the
commissioner's designee;
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(4) the commissioner of the pollution control agency or the
commissioner's designee;
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(5) two officials of counties that are located in the
metropolitan area, appointed by the governor;
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(6) five officials of noncounty local governmental units
that are located in the metropolitan area, appointed by the
governor; and
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(7) the chair of the Metropolitan Council or the chair's
designee, who is chair of the advisory committee.
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A local government unit in each of the seven counties in
the metropolitan area must be represented in the seven
appointments made under clauses (5) and (6).
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(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. The advisory committee expires December
31, 2007.
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(c) The council must consider the work and recommendations
of the advisory committee when the council is preparing its
regional development framework.
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The council must submit
reports to the legislature regarding its findings,
recommendations, and continuing planning activities under
subdivision 1. The first report must be submitted to the
legislature by the date the legislature convenes in 2007 and
subsequent reports must be submitted by such date every five
years thereafter.
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Minnesota Statutes 2004, section 473.197,
subdivision 4, is amended to read:
To provide money to pay
debt service on bonds issued under the credit enhancement
program deleted text begin if pledged revenues are insufficient to pay debt service
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in repealed subdivision 1 of Minnesota Statutes 2004, section
473.197new text end , the council must maintain a debt reserve fund deleted text begin in the
manner and with the effect provided by section 118A.04 for
public funds deleted text end new text begin until such a reserve is no longer pledged or
otherwise needed to pay debt service on such bondsnew text end . deleted text begin To provide
funds for the debt reserve fund, the council may use up to
$3,000,000 of the proceeds of solid waste bonds issued by the
council under section 473.831 before its repeal. To provide
additional funds for the debt reserve fund, the council may levy
a tax on all taxable property in the metropolitan area and must
levy the tax deleted text end If sums in the debt reserve fund are insufficient
to cure any deficiency in the debt service fund established for
the bondsnew text begin , the council must levy a tax on all taxable property
in the metropolitan area in the amount needed to cure the
deficiencynew text end . The tax authorized by this section does not affect
the amount or rate of taxes that may be levied by the council
for other purposes and is not subject to limit as to rate or
amount.
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An agreement entered into between the Metropolitan Council
and a participant in the credit enhancement program under
Minnesota Statutes 2004, section 473.197, subdivision 5, with
respect to bonds issued prior to the effective date of this act,
shall continue in effect in accordance with its terms; provided
that no provision in such agreement shall be construed to
require or allow the council to pledge its full faith and credit
and taxing powers to the payment of additional bonds issued
after the effective date of this act.
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The Metropolitan Council must transfer any funds
originating from the proceeds of solid waste bonds and available
for the credit enhancement program under Minnesota Statutes
2004, section 473.197, subdivision 4, to the council's general
fund to the extent such funds are no longer pledged or otherwise
needed by the council to maintain a debt reserve fund as
provided for in ongoing Minnesota Statutes, section 473.197,
subdivision 4. The council must first use the transferred funds
for carrying out the metropolitan area water supply planning
activities required by section 1, for staff support of the
advisory committee established under that section, and for
related purposes. If the council determines that the
transferred funds are no longer needed for such purposes, the
council may use any such funds for any general purposes of the
council.
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Minnesota Statutes 2004, sections 473.156 and 473.197,
subdivisions 1, 2, 3, and 5, are repealed.
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This act applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
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This act is effective the day following final enactment.
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