4th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to waters; planning, development, review, 1.3 reporting, and coordination of surface and groundwater 1.4 management in the metropolitan area; amending 1.5 Minnesota Statutes 1994, sections 103B.205, by adding 1.6 a subdivision; 103B.211, subdivision 1; 103B.231, 1.7 subdivisions 3, 4, 6, 7, 8, 9, 11, and by adding a 1.8 subdivision; 103B.235, subdivision 3; 103B.241, 1.9 subdivision 1; 103B.245, subdivisions 1 and 4; 1.10 103B.251, subdivisions 3 and 7; 103B.255, subdivisions 1.11 6, 7, 8, 9, 10, and 12; 103B.311, subdivisions 4 and 1.12 6; 103B.3369, subdivisions 5 and 6; 103B.355; and 1.13 103B.611, subdivisions 1 and 2; proposing coding for 1.14 new law in Minnesota Statutes, chapter 103B; repealing 1.15 Minnesota Statutes 1994, sections 103B.227, 1.16 subdivision 6; 103B.231, subdivisions 5 and 12; and 1.17 103B.3365. 1.18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.19 Section 1. Minnesota Statutes 1994, section 103B.205, is 1.20 amended by adding a subdivision to read: 1.21 Subd. 10b. [STATE REVIEW AGENCIES.] "State review agencies" 1.22 means the commissioners of natural resources, the pollution 1.23 control agency, agriculture, and health. 1.24 Sec. 2. Minnesota Statutes 1994, section 103B.211, 1.25 subdivision 1, is amended to read: 1.26 Subdivision 1. [AUTHORITY.] (a) Any agreement under 1.27 section 471.59 to jointly or cooperatively manage or plan for 1.28 the management of surface water in a watershed delineated 1.29 pursuant to subdivision 2, as required by sections 103B.205 to 1.30 103B.255, may provide, in addition to other provisions 1.31 authorized by section 471.59, for a joint board having: 2.1 (1) the authority to prepare, adopt, and implement a plan 2.2 for the watershed meeting the requirements of section 103B.231; 2.3 (2) the authority to review and approve local water 2.4 management plans as provided in section 103B.235; 2.5 (3) the authority of a watershed district under chapter 2.6 103D to regulate the use and development of land in the 2.7 watershed when one or more of the following conditions exists: 2.8 (i) the local government unit exercising planning and 2.9 zoning authority over the land under sections 366.10 to 366.19, 2.10 394.21 to 394.37, or 462.351 to 462.364, does not have a local 2.11 water management plan approved and adopted in accordance with 2.12 the requirements of section 103B.235 or has not adopted the 2.13 implementation program described in the plan; 2.14 (ii) an application to the local government unit for a 2.15 permit for the use and development of land requires an amendment 2.16 to or variance from the adopted local water management plan or 2.17 implementation program of the local unit; or 2.18 (iii) the local government unit has authorized the 2.19 organization to require permits for the use and development of 2.20 land; 2.21 (4) the authority of a watershed district under section 2.22 103D.625, to accept the transfer of drainage systems in the 2.23 watershed, to repair, improve, and maintain the transferred 2.24 drainage systems, and to construct all new drainage systems and 2.25 improvements of existing drainage systems in the watershed, 2.26 provided that: (i) projects may be carried out under the powers 2.27 granted in sections 103B.205 to 103B.255 or chapter 103D or 2.28 103E; and (ii) proceedings of the board with respect to the 2.29 systems must be in conformance with the watershed plan adopted 2.30 under section 103B.231;
and2.31 (5) the authority of a watershed district under section 2.32 103D.911 to adopt a budget, and decide on the total amount 2.33 necessary to be raised from ad valorem tax levies to meet the 2.34 budget; 2.35 (6) the authority of a watershed district under section 2.36 103D.915 to certify its budget with the auditor of each county 3.1 having territory within the joint powers watershed management 3.2 organization; 3.3 (7) the authority of a watershed district under section 3.4 103D.901 to file approved assessment statements with each 3.5 affected county; and 3.6 (8) other powers necessary to exercise the authority under 3.7 clauses (1) to (3), including the power to enter into contracts 3.8 for the performance of functions with governmental units or 3.9 persons. 3.10 (b) The board of water and soil resources shall adopt rules 3.11 prescribing minimum requirements for the content of watershed 3.12 management organization joint powers agreements. 3.13 (c) Decisions by a joint powers board may not require more 3.14 than a majority vote, except a decision on a capital improvement 3.15 project, which may require no more than a two-thirds vote. 3.16 Sec. 3. Minnesota Statutes 1994, section 103B.231, 3.17 subdivision 3, is amended to read: 3.18 Subd. 3. [RESPONSIBLE UNITS.] (a) Where a watershed 3.19 management organization exists, the plan for the watershed must 3.20 be prepared and adopted by the organization. 3.21 (b) If a watershed management organization is not3.22 established by July 1, 1985, for any minor watershed unit3.23 located wholly outside of Hennepin and Ramsey counties, is 3.24 terminated, or the board of water and soil resources determines 3.25 a plan is not being implemented in accordance with its rules, 3.26 the county or counties containing the watershed unit shall 3.27 prepare, adopt, and implement the watershed plan and for this 3.28 purpose the county or counties have the planning, review, 3.29 permitting, and financing authority of a watershed management 3.30 organization specified in sections 103B.211 to 103B.255. 3.31 (c) If a watershed management organization is not3.32 established by July 1, 1985, for any minor watershed unitwithin 3.33 the metropolitan area and wholly or partly within Hennepin or 3.34 Ramsey counties , the county or counties containing the watershed3.35 unit shall petition for the establishment of a watershed3.36 district under chapter 103D provided, however, that a district4.1 established pursuant to a petition:is terminated or the board 4.2 of water and soil resources determines a plan is not being 4.3 implemented the county or counties shall petition for the 4.4 establishment of a watershed district under chapter 103D. 4.5 (1) may not cross a primary river or a river forming the 4.6 boundary between a metropolitan county and a county outside the 4.7 metropolitan area; and 4.8 (2) must have boundaries that are based upon negotiations4.9 among all local government units that may have territory within4.10 the district and adjacent watersheds; and4.11 (3)may not cross county boundaries to include territory 4.12 whose distinguishing characteristic is multiple drainage points 4.13 into a primary river. 4.14 (d) A watershed management organization may request a 4.15 county to prepare all or part of a plan. 4.16 (e) A county may delegate the preparation of all or part of 4.17 a plan to the county soil and water conservation district. 4.18 (f) Upon request of a statutory or home rule charter city 4.19 or town, a county may delegate the preparation of all or part of 4.20 a plan to the city or town. 4.21 (g) If the board of water and soil resources determines 4.22 that a watershed management organization or county has not 4.23 developed a draft plan, is not implementing the plan, has not 4.24 delegated implementation of the plan, and has not petitioned for 4.25 the creation of a watershed district: 4.26 (1) state agencies may withhold from local government units 4.27 state funding for water programs for projects within the 4.28 watershed; 4.29 (2) state agencies may withhold from local government units 4.30 delegation of state water resource regulatory authority within 4.31 the watershed; and4.32 (3) state agencies may suspend issuance of water-related 4.33 permits within the watershed; and 4.34 (4) the board may request state agencies to withhold 4.35 portions of state aid funding used for the installation of curb 4.36 and gutter and other drainage facilities of public 5.1 transportation projects within the watershed. 5.2 The provisions of this paragraph apply until the board of 5.3 water and soil resources determines that a plan is being 5.4 implemented in accordance with its rules. 5.5 (h) Appeals from the board of water and soil resources 5.6 determination are made in the same manner as appeals under 5.7 section 103B.345, subdivision 5. 5.8 Sec. 4. Minnesota Statutes 1994, section 103B.231, is 5.9 amended by adding a subdivision to read: 5.10 Subd. 3a. [PRIORITY SCHEDULE.] (a) The board of water and 5.11 soil resources in consultation with the state review agencies 5.12 and the metropolitan council shall develop a priority schedule 5.13 for the revision of plans required under this chapter. 5.14 (b) The prioritization should be based on but not be 5.15 limited to status of current plan, scheduled revision dates, 5.16 anticipated growth and development, existing and potential 5.17 problems, and regional water quality goals and priorities. 5.18 (c) The schedule will be used by the board of water and 5.19 soil resources in consultation with the state review agencies 5.20 and the metropolitan council to direct watershed management 5.21 organizations of when they will be required to revise their 5.22 plans. 5.23 (d) Upon notification from the board of water and soil 5.24 resources that a revision of a plan is required, a watershed 5.25 management organization shall have 24 months from the date of 5.26 notification to revise and submit a plan for review. 5.27 (e) In the event that a plan expires prior to notification 5.28 from the board of water and soil resources under this section, 5.29 the existing plan, authorities, and official controls of a 5.30 watershed management organization shall remain in full force and 5.31 effect until a revision is approved. 5.32 (f) A one-year extension to submit a revised plan may be 5.33 granted by the board. 5.34 (g) Watershed management organizations submitting plans and 5.35 draft plan amendments for review prior to the board's priority 5.36 review schedule, may proceed to adopt and implement the plan 6.1 revisions without formal board approval if the board fails to 6.2 adjust its priority review schedule for plan review, and 6.3 commence its statutory review process within 45 days of 6.4 submittal of the plan revision or amendment. 6.5 Sec. 5. Minnesota Statutes 1994, section 103B.231, 6.6 subdivision 4, is amended to read: 6.7 Subd. 4. [GENERAL STANDARDS.] (a) The watershed management 6.8 plan must specify the period covered by the plan and must extend 6.9 through the year 1990 or any later year that is evenly divisible6.10 by fiveat least five years but no more than ten years from the 6.11 date the board approves the plan. Plans that contain revision 6.12 dates inconsistent with this section must comply with that date, 6.13 provided it is not more than ten years beyond the date of board 6.14 approval. 6.15 (b) The plan must be updated before the expiration of the6.16 period covered by the plan.The plan must be reviewed for 6.17 consistency with an adopted county groundwater plan, and revised 6.18 as necessary, whenever the watershed plan undergoes substantial6.19 revision or updating. In counties that adopt or amend6.20 groundwater plans within five years following August 1, 1987,6.21 watershed plans must be reviewed for consistency with the county6.22 groundwater plan, and revised as necessary, not later than six6.23 years following August 1, 1987. In counties that adopt or amend6.24 groundwater plans after five years following August 1, 1987,6.25 watershed plans must be reviewed for consistency with the county6.26 groundwater plan, and revised as necessary, not later than one6.27 year following the adoption or amendment of the groundwater plan6.28 to the degree necessary to become compliant with the groundwater 6.29 plan no later than two years after adoption by the county. A 6.30 one-year extension may be granted by the board. Upon the 6.31 request of a watershed management organization, the county shall 6.32 provide a written statement that: 6.33 (1) identifies any substantial inconsistencies between the 6.34 watershed plan and the groundwater plan and any substantial 6.35 adverse effects of the watershed plan on the groundwater plan; 6.36 and 7.1 (2) evaluates, estimates the cost of, and recommends 7.2 alternatives for amending the watershed plan to rectify any 7.3 substantial inconsistencies and adverse effects. 7.4 (c) The plan shall contain the elements required by 7.5 subdivision 6. Each element shall be set out in the degree of 7.6 detail and prescription necessary to accomplish the purposes of 7.7 sections 103B.205 to 103B.255, considering the character of 7.8 existing and anticipated physical and hydrogeologic conditions, 7.9 land use, and development and the severity of existing and 7.10 anticipated water management problems in the watershed. 7.11 (d) The plan shall be prepared and submitted for review7.12 under subdivision 7 not later than December 31, 1986.7.13 (e)Existing plans of a watershed management organization 7.14 shall remain in force and effect until amended or superseded by 7.15 plans adopted under sections 103B.205 to 103B.255. Existing or7.16 amended plans of a watershed management organization which meet7.17 the requirements of sections 103B.205 to 103B.255 may be7.18 submitted for review under subdivision 7.7.19 (f)(e) Watershed management organizations shall coordinate 7.20 their planning activities with contiguous watershed management 7.21 organizations and counties conducting water planning and 7.22 implementation under sections 103B.101 and 103B.301 to 103B.355. 7.23 Sec. 6. Minnesota Statutes 1994, section 103B.231, 7.24 subdivision 6, is amended to read: 7.25 Subd. 6. [CONTENTS.] (a) The plan shall: 7.26 (1) describe the existing physical environment, land use, 7.27 and development in the area and the environment, land use, and 7.28 development proposed in existing local and metropolitan 7.29 comprehensive plans; 7.30 (2) present information on the hydrologic system and its 7.31 components, including drainage systems previously constructed 7.32 under chapter 103E, and existing and potential problems related 7.33 thereto; 7.34 (3) state objectives and policies, including management 7.35 principles, alternatives and modifications, water quality, and 7.36 protection of natural characteristics; 8.1 (4) set forth a management plan, including the hydrologic 8.2 and water quality conditions that will be sought and significant 8.3 opportunities for improvement; 8.4 (5) describe the effect of the plan on existing drainage 8.5 systems; 8.6 (6) identify high priority areas for wetland preservation, 8.7 enhancement, restoration, and establishment and describe any 8.8 conflicts with wetlands and land use in these areas; 8.9 (7) describe conflicts between the watershed plan and 8.10 existing plans of local government units; 8.11 (8) set forth an implementation program consistent with the 8.12 management plan, which includes a capital improvement program 8.13 and standards and schedules for amending the comprehensive plans 8.14 and official controls of local government units in the watershed 8.15 to bring about conformance with the watershed plan; and 8.16 (9) set out a procedureprocedures and timelines for 8.17 amending the plan. 8.18 (b) The board shall adopt rules to establish standards and 8.19 requirements for amendments to watershed plans. The rules must 8.20 include: 8.21 (1) performance standards for the watershed plans, which 8.22 may distinguish between plans for urban areas and rural areas; 8.23 (2) minimum requirements for the content of watershed plans 8.24 and plan amendments, including public participation process 8.25 requirements for amendment and implementation of watershed 8.26 plans; 8.27 (3) standards for the content of capital improvement 8.28 programs to implement watershed plans, including a requirement 8.29 that capital improvement programs identify structural and 8.30 nonstructural alternatives that would lessen capital 8.31 expenditures; and 8.32 (4) how watershed plans are to specify the nature of the 8.33 official controls required to be adopted by the local units of 8.34 government, including uniform erosion control, stormwater 8.35 retention, and wetland protection ordinances in the metropolitan 8.36 area. 9.1 Sec. 7. Minnesota Statutes 1994, section 103B.231, 9.2 subdivision 7, is amended to read: 9.3 Subd. 7. [ LOCALREVIEW OF THE DRAFT PLAN.] (a) Upon 9.4 completion of the plan but before final adoption by the 9.5 organization, the organization must submit the draft plan for a 9.6 60-day review and comment period to all counties, the 9.7 metropolitan council, the state review agencies, the board of 9.8 water and soil resources, soil and water conservation districts, 9.9 towns, and statutory and home rule charter cities having 9.10 territory within the watershed. A local government unit that 9.11 expects that substantial amendment of its local comprehensive 9.12 plan will be necessary to bring local water management into 9.13 conformance with the watershed plan must describe as 9.14 specifically as possible, within its comments, the amendments to 9.15 the local plan that it expects will be necessary. If the county 9.16 has a groundwater plan, the county must review and comment on 9.17 the consistency of the watershed plan with the county 9.18 groundwater plan. Differences among local governmental agencies 9.19 regarding the plan must be mediated. Notwithstanding sections 9.20 103D.401, 103D.405, and 473.165, the council shall review the 9.21 plan in the same manner and with the same authority and effect 9.22 as provided for the council's review of the comprehensive plans 9.23 of local government units under section 473.175. The council 9.24 shall comment on the apparent conformity with metropolitan 9.25 system plans of any anticipated amendments to local 9.26 comprehensive plans. The council shall advise the board of 9.27 water and soil resources on whether the plan conforms with the 9.28 management objectives and target pollution loads stated in the 9.29 council's water resources plan and shall recommend changes in 9.30 the plan that would satisfy the council's plan. 9.31 (b) Sixty days after the submission to local government9.32 units for comment, the organization shall submit the plan, any9.33 comments received, and any appropriate amendments to the plan,9.34 to the board of the county or counties having territory within9.35 the watershedThe watershed management organization must respond 9.36 in writing to any concerns expressed by the review agencies 10.1 within 30 days of receipt thereof. 10.2 (c) The watershed management organization must hold a 10.3 public hearing on the draft plan no sooner than 30 days and no 10.4 later than 45 days after the 60-day review period of the draft 10.5 plan. The countyboard or boards of the affected counties shall 10.6 approve or disapprove projects in the capital improvement 10.7 program which may require the provision of county funds pursuant 10.8 to section 103B.251 or 103D.901, subdivision 2. TheEach county 10.9 has 60 daysup until the date of the public hearing on the draft 10.10 plan to complete its review of the capital improvement program. 10.11 If the county fails to complete its review within the prescribed 10.12 period, unless an extension is agreed to by the organization the 10.13 program shall be deemed approved. If the watershed extends into 10.14 more than one county and one or more counties disapprove of all 10.15 or part of a capital improvement program while the other county 10.16 or counties approve, the program shall be submitted to the board 10.17 of water and soil resources for review pursuant to subdivision 9. 10.18 Sec. 8. Minnesota Statutes 1994, section 103B.231, 10.19 subdivision 8, is amended to read: 10.20 Subd. 8. [REVIEW BY METROPOLITAN COUNCIL AND STATE REVIEW 10.21 AGENCIES.] After completion of the review under subdivision 7, 10.22 the draft plan and, any amendments thereto, all written comments 10.23 received on the plan, a record of the public hearing, and a 10.24 summary of changes incorporated as a result of the review 10.25 process shall be submitted to the metropolitan council, the 10.26 state review agencies, and the board of water and soil resources 10.27 for final review. Notwithstanding any provision to the contrary10.28 in sections 103D.401, 103D.405, and 473.165, the council shall10.29 review the plan in the same manner and with the same authority10.30 and effect as provided for the council's review of the10.31 comprehensive plans of local government units under section10.32 473.175. The council shall comment on the apparent conformity10.33 with metropolitan system plans of any anticipated amendments to10.34 local comprehensive plans. The council shall advise the board10.35 of water and soil resources on whether the plan conforms with10.36 the management objectives and target pollution loads stated in11.1 the council's water resources plan and shall recommend changes11.2 in the plan that would satisfy the council's plan. The council11.3 may mediate and attempt to resolve differences among local11.4 governmental agencies regarding the plan.The state review 11.5 agencies shall review and comment on the consistency of the plan 11.6 with state laws and rules relating to water and related land 11.7 resources. The state review agencies shall forward their 11.8 comments within 45 days after they receive the final review 11.9 draft of the plan to the board. A state review agency may 11.10 request and receive up to a 30-day extension of this review 11.11 period from the board. 11.12 Sec. 9. Minnesota Statutes 1994, section 103B.231, 11.13 subdivision 9, is amended to read: 11.14 Subd. 9. [ REVIEW BY STATE AGENCIESAPPROVAL BY THE BOARD.] 11.15 After completion of the review under subdivision 8, the plan and11.16 all comments received shall be submitted to the commissioners of11.17 natural resources, health, and the pollution control agency for11.18 review and comment on the consistency of the plan with state11.19 laws and rules relating to water and related land resources, and11.20 to the board of water and soil resources for review under11.21 sections 103D.401 and 103D.405. Except as otherwise provided in11.22 this subdivision, theboard of water and soil resources shall 11.23 review the plan as provided in sections 103D.401 and 103D.405. 11.24 The board shall review the plan for conformance with the 11.25 requirements of sections 103B.205 to 103B.255, and chapter 11.26 103D. The board shall not prescribe a plan, but may disapprove 11.27 all or parts of a plan which it determines is not in conformance 11.28 with the requirements of sections 103B.205 to 103B.255, and 11.29 chapter 103D. If the capital improvement program is the subject 11.30 of a dispute between counties, the board of water and soil 11.31 resources shall make a final decision on the issue. The 11.32 decision shall be binding on the organization and the counties 11.33 involved. The board shall complete its review under this 11.34 section within 90 days. 11.35 Sec. 10. Minnesota Statutes 1994, section 103B.231, 11.36 subdivision 11, is amended to read: 12.1 Subd. 11. [AMENDMENTS.] To the extent and in the manner 12.2 required by the adopted plan, all amendments to the adopted plan 12.3 shall be submitted to the towns, cities, county, and otherthe 12.4 metropolitan council, the state review agencies, and the board 12.5 of water and soil resources for review in accordance with the 12.6 provisions of subdivisions 7, 8, and 9. Amendments necessary to 12.7 revise the plan to be consistent with the county groundwater 12.8 plan, as required by subdivision 4, must be submitted for review 12.9 in accordance with subdivisions 7, 8, and 9. Minor amendments 12.10 to a plan shall be reviewed in accordance with standards 12.11 prescribed in the watershed management plan. 12.12 Sec. 11. Minnesota Statutes 1994, section 103B.235, 12.13 subdivision 3, is amended to read: 12.14 Subd. 3. [REVIEW.] After consideration but before adoption 12.15 by the governing body, each local unit shall submit its water 12.16 management plan to the watershed management organization for 12.17 review for consistency with the watershed plan adopted pursuant 12.18 to section 103B.231. If the county or counties having territory 12.19 within the local unit have a state-approved and locally adopted 12.20 groundwater plan, the local unit shall submit its plan to the 12.21 county or counties for review. The county or counties have 45 12.22 days to review and comment on the plan. The organization shall 12.23 approve or disapprove the local plan or parts of the plan. The 12.24 organization shall have 60 days to complete its review. If the 12.25 organization fails to complete its review within the prescribed 12.26 period, the local plan shall be deemed approved unless an 12.27 extension is agreed to by the local unit. 12.28 Sec. 12. Minnesota Statutes 1994, section 103B.241, 12.29 subdivision 1, is amended to read: 12.30 Subdivision 1. [WATERSHED PLANS AND PROJECTS.] A levy to12.31 pay the increased costs toNotwithstanding chapter 103D, a local 12.32 government unit or watershed management organization of12.33 implementing sections 103B.231 and 103B.235 or to pay costs of12.34 improvements and maintenance of improvements identified in an12.35 approved and adopted plan shall be in addition to any other12.36 taxes authorized by law. Notwithstanding any provision to the13.1 contrary in chapter 103D, a watershed district may levy a tax13.2 sufficient to pay the increased costs to the district of13.3 implementing sections 103B.231 and 103B.235may levy a tax to 13.4 pay the increased costs of preparing a plan under sections 13.5 103B.231 and 103B.235 or for projects identified in an approved 13.6 and adopted plan necessary to implement the purposes of section 13.7 103B.201. The proceeds of any tax levied under this section 13.8 shall be deposited in a separate fund and expended only for the 13.9 purposes authorized by this section. Watershed management 13.10 organizations and local government units may accumulate the 13.11 proceeds of levies as an alternative to issuing bonds to finance 13.12 improvements. 13.13 Sec. 13. Minnesota Statutes 1994, section 103B.245, 13.14 subdivision 1, is amended to read: 13.15 Subdivision 1. [WATERSHED MANAGEMENT TAX DISTRICT.] (a) 13.16 Any local government unit planning for water management under 13.17 sections 103B.231 and 103B.235 may establish a watershed 13.18 management tax district in the territory within the watershed, 13.19 for the purpose of paying the costs of the planning required 13.20 under sections 103B.231 and 103B.235. 13.21 (b) Any local government unit which has part of its 13.22 territory within a watershed for which a plan has been adopted 13.23 in accordance with section 103B.231 and which has a local water 13.24 management plan adopted in accordance with section 103B.235 may 13.25 establish a watershed management tax district in the territory 13.26 within the watershed or a subwatershed unit in the watershed, 13.27 for the purpose of paying capital costs of the water management 13.28 facilities described in the capital improvement program of the 13.29 plans and for the purpose of paying for normal and routine 13.30 maintenance of the facilities. 13.31 (c) A county or counties required by section 103B.231, 13.32 subdivision 3, to prepare, adopt, and implement a watershed plan 13.33 shall apportion the costs of planning, capital improvements, and 13.34 maintenance proportionate to benefits. The county may apportion 13.35 the costs among the subwatershed units in the watershed, or 13.36 among the statutory and home rule charter cities and towns 14.1 having territory in the watershed, and for this purpose may 14.2 establish more than one watershed management tax district in the 14.3 watershed. 14.4 (d) Notification of new watershed management tax districts 14.5 established under this subdivision must be made to the county 14.6 auditor by July 1 in order to be effective for taxes payable in 14.7 the following year. 14.8 Sec. 14. Minnesota Statutes 1994, section 103B.245, 14.9 subdivision 4, is amended to read: 14.10 Subd. 4. [BONDS.] After adoption of the ordinance under 14.11 subdivision 2, and after a contract for the construction of all 14.12 or part of an improvement has been entered into or the work has 14.13 been ordered done by day labor, the local government unit may 14.14 issue obligations in the amount it deems necessary to pay in 14.15 whole or in part the capital cost incurred and estimated to be 14.16 incurred in making the improvementproject. The obligations 14.17 shall be payable out of the proceeds of the tax levied pursuant 14.18 to subdivision 3. The local unit may by resolution of its 14.19 governing body adopted prior to the sale of obligations pledge 14.20 the full faith, credit and taxing power of the local unit to 14.21 assure payment of the principal and interest in the event the 14.22 proceeds of the tax levy in the district are insufficient to pay 14.23 principal and interest. The amount of any taxes which are 14.24 required to be levied outside of the territory of the tax 14.25 district or taken from the general funds of the local unit to 14.26 pay principal and interest on the obligations shall be 14.27 reimbursed to the local unit from taxes levied within the 14.28 territory of the tax district. Obligations shall be issued in 14.29 accordance with chapter 475, except that an election is not 14.30 required and the amount of any obligations shall not be included 14.31 in determining the net indebtedness of the local unit under the 14.32 provisions of any law or charter limiting indebtedness. 14.33 Sec. 15. Minnesota Statutes 1994, section 103B.251, 14.34 subdivision 3, is amended to read: 14.35 Subd. 3. [IMPROVEMENT HEARING NOTICE.] (a) The 14.36 organization shall then hold a public hearing on the proposed 15.1 improvement, following publication once each week for two 15.2 successive weeks before the date of the hearing in a legal 15.3 newspaper published in the county or counties in which a part or 15.4 all of the affected waters and lands are located. The last 15.5 publication shall occur not more than 30 days nor less than ten 15.6 days before the hearing. 15.7 (b) The notice shall state the time and place of hearing, 15.8 the general nature of the proposed improvement, the estimated 15.9 cost, and the method by which the cost of the improvement is to 15.10 be paid, including the cost to be allocated to each county or 15.11 minor watershed unit under subdivision 5. The cost must be15.12 apportioned according to the benefits received by property in15.13 the county.15.14 (c) At least ten days before the hearing, notice by mail 15.15 shall be given to the counties and to each home rule charter or 15.16 statutory city or town located wholly or partly within the 15.17 territory of the watershed management organization. 15.18 (d) Failure to give mailed notice or defects in the notice 15.19 shall not invalidate the proceedings. 15.20 Sec. 16. Minnesota Statutes 1994, section 103B.251, 15.21 subdivision 7, is amended to read: 15.22 Subd. 7. [BONDS.] In order to make the payment required by 15.23 subdivision 6, the county board of each county may issue general 15.24 obligation bonds of the county in the amount necessary to pay 15.25 all or part of the cost of improvementsprojects certified to 15.26 the county board or to refund general obligation bonds issued 15.27 for this purpose. The bonds shall be sold, issued, and secured 15.28 in accordance with the provisions of chapter 475 for general 15.29 obligation bonds, except as otherwise provided in this 15.30 subdivision. No election shall be required. 15.31 Sec. 17. [103B.252] [EMERGENCY PROJECTS.] 15.32 Subdivision 1. [GENERAL AUTHORITY.] Notwithstanding 15.33 chapter 103D, a local government unit or a watershed management 15.34 organization which has an approved and adopted plan may 15.35 undertake and perform emergency projects under this section. 15.36 Subd. 2. [DECLARATION OF EMERGENCY.] If the joint powers 16.1 board, watershed district managers, or local government unit 16.2 find that conditions exist that present a clear and imminent 16.3 danger to the health or welfare of the people of the watershed 16.4 management organization or local government unit, and that to 16.5 delay action would prejudice the interests of the people of the 16.6 watershed management organization or local government unit, or 16.7 would likely cause permanent harm, the joint powers board, 16.8 watershed district managers, or local government unit may 16.9 declare the existence of an emergency and designate the 16.10 location, watershed or subwatershed unit, nature, and extent of 16.11 the emergency. 16.12 Subd. 3. [PROJECT ORDER.] If an emergency has been 16.13 declared to the extent necessary to protect the interests of the 16.14 watershed management organization or the local government unit, 16.15 the joint powers board, watershed district managers, or local 16.16 government unit may order that the work be done under the 16.17 direction of the joint powers board, watershed district 16.18 managers, or local government unit and their engineer, without a 16.19 contract. 16.20 Sec. 18. Minnesota Statutes 1994, section 103B.255, 16.21 subdivision 6, is amended to read: 16.22 Subd. 6. [GENERAL STANDARDS.] (a) The groundwater plan 16.23 must specify the period covered by the plan and must extend 16.24 through the year 1995 or any later year that is evenly divisible16.25 by fiveat least five years but no more than ten years from the 16.26 date the board approves the plan. The plan must contain the 16.27 elements required by subdivision 7. Each element must be set 16.28 out in the degree of detail and prescription necessary to 16.29 accomplish the purposes of sections 103B.205 to 103B.255, 16.30 considering the character of existing and anticipated physical 16.31 and hydrogeologic conditions, land use, and development and the 16.32 severity of existing and anticipated groundwater management 16.33 problems in the county. 16.34 (b) To the fullest extent possible in a manner consistent 16.35 with groundwater protection, a county shall make maximum use of 16.36 existing and available data and studies in preparing the 17.1 groundwater plan and incorporate into its groundwater plan 17.2 relevant data from existing plans and studies and the relevant 17.3 provisions of existing plans adopted by watershed management 17.4 organizations having jurisdiction wholly or partly within the 17.5 county. 17.6 Sec. 19. Minnesota Statutes 1994, section 103B.255, 17.7 subdivision 7, is amended to read: 17.8 Subd. 7. [CONTENTS.] A groundwater plan must: 17.9 (1) cover the entire area within the county; 17.10 (2) describe existing and expected changes to the physical 17.11 environment, land use, and development in the county; 17.12 (3) summarize available information about the groundwater 17.13 and related resources in the county, including existing and 17.14 potential distribution, availability, quality, and use; 17.15 (4) state the goals, objectives, scope, and priorities of 17.16 groundwater protection in the county; 17.17 (5) contain standards, criteria, and guidelines for the 17.18 protection of groundwater from pollution and for various types 17.19 of land uses in environmentally sensitive areas, critical areas, 17.20 or previously contaminated areas; 17.21 (6) describe relationships and possible conflicts between 17.22 the groundwater plan and the plans of other counties, local 17.23 government units, and watershed management organizations in the 17.24 affected groundwater system; 17.25 (7) set forth standards and, guidelines, and official 17.26 controls for implementation of the plan by watershed management 17.27 organizations and local units of government; and 17.28 (8) include a procedureprocedures and timelines for 17.29 amending the groundwater plan. 17.30 Sec. 20. Minnesota Statutes 1994, section 103B.255, 17.31 subdivision 8, is amended to read: 17.32 Subd. 8. [ LOCALREVIEW AND COMMENTOF THE DRAFT PLAN.] (a) 17.33 Upon completion of the groundwater plan but before final 17.34 adoption by the county, the county shall submit the draft plan 17.35 for a 60-day review and comment period to adjoining counties, 17.36 the metropolitan council, the state review agencies, the board 18.1 of water and soil resources, each soil and water conservation 18.2 district, town, statutory and home rule charter city, and 18.3 watershed management organization having territory within the 18.4 county. The county also shall submit the plan to any other 18.5 county or watershed management organization or district in the 18.6 affected groundwater system that could affect or be affected by 18.7 implementation of the plan. Any political subdivision or 18.8 watershed management organization that expects that substantial 18.9 amendment of its plans would be necessary in order to bring them 18.10 into conformance with the county groundwater plan shall describe 18.11 as specifically as possible, within its comments, the amendments 18.12 that it expects would be necessary and the cost of amendment and 18.13 implementation. Reviewing entities have 60 days to review and 18.14 comment. Differences among local governmental agencies 18.15 regarding the plan must be mediated. Notwithstanding sections 18.16 103D.401, 103D.405, and 473.165, the council shall review the 18.17 plan in the same manner and with the same authority and effect 18.18 as provided in section 473.175 for review of the comprehensive 18.19 plans of local government units. The council shall comment on 18.20 the apparent conformity with metropolitan system plans of any 18.21 anticipated amendments to watershed plans and local 18.22 comprehensive plans. The council shall advise the board of 18.23 water and soil resources on whether the plan conforms with the 18.24 management objectives stated in the council's water resources 18.25 plan and shall recommend changes in the plan that would satisfy 18.26 the council's plan. 18.27 (b) The county must respond in writing to any concerns 18.28 expressed by the reviewing agencies within 30 days of receipt 18.29 thereof. 18.30 (c) The county shall hold a public hearing on the draft 18.31 plan no sooner than 30 days and no later than 45 days after the 18.32 60-day review period of the draft plan. 18.33 Sec. 21. Minnesota Statutes 1994, section 103B.255, 18.34 subdivision 9, is amended to read: 18.35 Subd. 9. [REVIEW BY METROPOLITAN COUNCIL AND STATE 18.36 AGENCIES.] After completion of the review under subdivision 8, 19.1 the draft plan and, any amendments thereto, all written comments 19.2 received on the plan, a record of the public hearing, and a 19.3 summary of changes incorporated as part of the review process 19.4 must be submitted to the metropolitan council, the state review 19.5 agencies, and the board of water and soil resources for final 19.6 review. Notwithstanding any provision to the contrary in19.7 sections 103D.401, 103D.405, and 473.165, the council shall19.8 review the plan in the same manner and with the same authority19.9 and effect as provided for the council's review of the19.10 comprehensive plans of local government units under section19.11 473.175. The council shall comment on the apparent conformity19.12 with metropolitan system plans of any anticipated amendments to19.13 watershed plans and local comprehensive plans. The council19.14 shall summarize and evaluate the cost of rectifying19.15 inconsistencies between the groundwater plan and watershed plans.19.16 If the council finds that significant funding problems, needs,19.17 or inequities will result from the groundwater plan, the council19.18 shall report to the legislature on the matter and on appropriate19.19 means of allocating and paying costs. The council may mediate19.20 and attempt to resolve differences among local governmental19.21 agencies regarding the plan.The state review agencies shall 19.22 review and comment on the consistency of the plan with state 19.23 laws and rules relating to water and related land resources. 19.24 The state review agencies shall forward their comments to the 19.25 board within 45 days after they receive the final review draft 19.26 of the plan. A state review agency may request and receive up 19.27 to a 30-day extension of this review period from the board. 19.28 Sec. 22. Minnesota Statutes 1994, section 103B.255, 19.29 subdivision 10, is amended to read: 19.30 Subd. 10. [ REVIEW BY STATE AGENCIESAPPROVAL BY THE 19.31 BOARD.] (a)After completion of the review under subdivision 9, 19.32 the plan and all comments received must be submitted to the19.33 commissioners of natural resources, health, and the pollution19.34 control agency for review and comment on the consistency of the19.35 plan with state laws and rules relating to water and related19.36 land resources, and to the board of water and soil resources for20.1 review under sections 103D.401 and 103D.405.20.2 (b) Except as otherwise provided in this subdivision, the20.3 board of water and soil resources shall review the plan as 20.4 provided in section 103D.401. The board shall review the plan 20.5 for conformance with the requirements of sections 103B.205 to 20.6 103B.255, and chapter 103D. The board may not prescribe a plan 20.7 but may disapprove all or parts of a plan which it determines is 20.8 not in conformance with the requirements of sections 103B.205 to 20.9 103B.255, and chapter 103D. 20.10 Sec. 23. Minnesota Statutes 1994, section 103B.255, 20.11 subdivision 12, is amended to read: 20.12 Subd. 12. [AMENDMENTS.] To the extent and in the manner 20.13 required by the adopted plan, all amendments to the adopted plan 20.14 must be submitted to the towns, cities, counties, and otherthe 20.15 metropolitan council, the state review agencies, and the board 20.16 of water and soil resources for review in accordance with the 20.17 provisions of subdivisions 8 to 10. 20.18 Sec. 24. Minnesota Statutes 1994, section 103B.311, 20.19 subdivision 4, is amended to read: 20.20 Subd. 4. [WATER PLAN REQUIREMENTS.] (a) A comprehensive 20.21 water plan must: 20.22 (1) cover the entire area within a county; 20.23 (2) address water problems in the context of watershed 20.24 units and groundwater systems; 20.25 (3) be based upon principles of sound hydrologic management 20.26 of water, effective environmental protection, and efficient 20.27 management; 20.28 (4) be consistent with comprehensive water plans prepared 20.29 by counties and watershed management organizations wholly or 20.30 partially within a single watershed unit or groundwater system; 20.31 and 20.32 (5) apply to every year through the year 1995 or any later20.33 year that is evenly divisible by five and be updated before the20.34 period covered expires.the comprehensive water plan must 20.35 specify the period covered by the comprehensive water plan and 20.36 must extend at least five years but no more than ten years from 21.1 the date the board approves the comprehensive water plan. 21.2 Comprehensive water plans that contain revision dates 21.3 inconsistent with this section must comply with that date, 21.4 provided it is not more than ten years beyond the date of board 21.5 approval. A two-year extension of the revision date of a 21.6 comprehensive water plan may be granted by the board, provided 21.7 no projects are ordered or commenced during the period of the 21.8 extension. 21.9 (b) Existing water and related land resources plans, 21.10 including plans related to agricultural land preservation 21.11 programs developed pursuant to chapter 40A, must be fully 21.12 utilized in preparing the comprehensive water plan. Duplication 21.13 of the existing plans is not required. 21.14 Sec. 25. Minnesota Statutes 1994, section 103B.311, 21.15 subdivision 6, is amended to read: 21.16 Subd. 6. [SCOPE OF PLANS.] Comprehensive water plans must 21.17 include: 21.18 (1) a description of the existing and expected changes to 21.19 physical environment, land use, and development in the county; 21.20 (2) available information about the surface water, 21.21 groundwater, and related land resources in the county, including 21.22 existing and potential distribution, availability, quality, and 21.23 use; 21.24 (3) objectives for future development, use, and 21.25 conservation of water and related land resources, including 21.26 objectives that concern water quality and quantity, and 21.27 sensitive areas, wellhead protection areas, high priority areas 21.28 for wetland preservation, enhancement, restoration, and 21.29 establishment, stormwater management for developing areas, and 21.30 related land use conditions, and a description of actions that 21.31 will be taken in affected watersheds or groundwater systems to 21.32 achieve the objectives; 21.33 (4) a description of potential changes in state programs, 21.34 policies, and requirements considered important by the county to 21.35 management of water resources in the county; 21.36 (5) a description of conflicts between the comprehensive 22.1 water plan and existing plans of other local units of 22.2 government; 22.3 (6) a description of possible conflicts between the 22.4 comprehensive water plan and existing or proposed comprehensive 22.5 water plans of other counties in the affected watershed units or 22.6 groundwater systems; 22.7 (7) a program for implementation of the plan that is 22.8 consistent with the plan's management objectives and includes 22.9 schedules for amending official controls and water and related 22.10 land resources plans of local units of government to conform 22.11 with the comprehensive water plan, and the schedule, components, 22.12 and expected state and local costs of any projects to implement 22.13 the comprehensive water plan that may be proposed, although this 22.14 does not mean that projects are required by this section; and 22.15 (8) a procedure for amending the comprehensive water plan. 22.16 Sec. 26. Minnesota Statutes 1994, section 103B.3369, 22.17 subdivision 5, is amended to read: 22.18 Subd. 5. [FINANCIAL ASSISTANCE.] The board may award 22.19 grants to watershed management organizations in the seven-county 22.20 metropolitan area or counties onlyto carry out water resource 22.21 protection and management programs identified as priorities in 22.22 comprehensive local water plans. Grants may be used to employ 22.23 persons and to obtain and use information necessary to: 22.24 (1) develop comprehensive local water plans under sections 22.25 103B.255 and 103B.311 that have not received state funding for 22.26 water resources planning as provided for in Laws 1987, chapter 22.27 404, section 30, subdivision 5, clause (a); and22.28 (2) revise comprehensive local water plans under section 22.29 103B.201; and 22.30 (3) implement comprehensive local water plans. 22.31 A base grant shall be awarded to a county that levies a water 22.32 implementation tax at thea rate established under section22.33 275.50, subdivision 5, paragraph (z), which shall be determined 22.34 by the board. The minimum amount of the water implementation 22.35 tax shall be a tax rate times the adjusted net tax capacity of 22.36 the county for the preceding year. The rate shall be the rate, 23.1 rounded to the nearest .001 of a percent, that, when applied to 23.2 the adjusted net tax capacity for all counties, raises the 23.3 amount of $1,500,000. The base grant will be in an amount equal 23.4 to $37,500 less the amount raised by that levy. If the amount 23.5 necessary to implement the local water plan for the county is 23.6 less than $37,500, the amount of the base grant shall be the 23.7 amount that, when added to the levy amount, equals the amount 23.8 required to implement the plan. For counties where the tax rate 23.9 generates an amount equal to or greater than $18,750, the base 23.10 grant shall be in an amount equal to $18,750. 23.11 Sec. 27. Minnesota Statutes 1994, section 103B.3369, 23.12 subdivision 6, is amended to read: 23.13 Subd. 6. [LIMITATIONS.] (a) Grants provided to implement 23.14 programs under this section must be reviewed by the state agency 23.15 having statutory program authority to assure compliance with 23.16 minimum state standards. At the request of the state agency 23.17 commissioner, the board shall revoke the portion of a grant used 23.18 to support a program not in compliance. 23.19 (b) Grants provided to develop or revise comprehensive 23.20 local water plans may not be awarded for a time longer than two 23.21 years. 23.22 (c) A county may not request or be awarded grants for 23.23 project implementation unless a comprehensive water plan has 23.24 been adopted. 23.25 Sec. 28. Minnesota Statutes 1994, section 103B.355, is 23.26 amended to read: 23.27 103B.355 [APPLICATION.] 23.28 Sections 103B.301 to 103B.355 do not apply in areas subject 23.29 to the requirements of sections 103B.201 to 103B.255 under 23.30 section 103B.231, subdivision 1, and in areas covered by an 23.31 agreement entered into by December 31, 1985,under section 23.32 103B.231, subdivision 2, except as otherwise provided in 23.33 sections 103B.311, subdivision 4, clause (4); and 103B.315, 23.34 subdivisions 1, clauses (3) and (4), and 2, clause (b). 23.35 Sec. 29. Minnesota Statutes 1994, section 103B.611, 23.36 subdivision 1, is amended to read: 24.1 Subdivision 1. [COMPOSITION.] The district is governed by 24.2 a board composed of members electedappointed by the governing 24.3 bodies of the municipalities included in the district. Each 24.4 municipality shall electmay appoint one member. 24.5 Sec. 30. Minnesota Statutes 1994, section 103B.611, 24.6 subdivision 2, is amended to read: 24.7 Subd. 2. [TERM.] The term of office of each board member 24.8 is three years unless the appointing municipality recalls the 24.9 member and either appoints another member for the balance of the 24.10 term or leaves the office vacant for the balance of the term. 24.11 This subdivision applies both to members serving on the 24.12 effective date of this act and to members appointed after the 24.13 effective date of this act. 24.14 Sec. 31. [REVISOR INSTRUCTION.] 24.15 In the next and subsequent editions of Minnesota Statutes, 24.16 the revisor of statutes shall renumber section 103B.205, 24.17 subdivision 10a, as subdivision 10b, and shall renumber section 24.18 103B.205, subdivision 10b, as subdivision 10a. 24.19 Sec. 32. [REPEALER.] 24.20 Minnesota Statutes 1994, sections 103B.227, subdivision 6; 24.21 103B.231, subdivisions 5 and 12; and 103B.3365, are repealed. 24.22 Sec. 33. [EFFECTIVE DATE.] 24.23 Under Minnesota Statutes, section 645.023, subdivision 1, 24.24 clause (a), section 29 takes effect, without local approval, the 24.25 day following final enactment.