HF 2307

as introduced - 89th Legislature (2015 - 2016) Posted on 05/06/2015 08:35am

A bill for an act
relating to water; reorganizing watershed management organizations wholly
or partially located in Hennepin County into three watershed management
organizations; proposing coding for new law in Minnesota Statutes, chapter 103B.

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

Section 1.

new text begin [103B.254] WATERSHED MANAGEMENT IN HENNEPIN COUNTY.
new text end

new text begin Subdivision 1. new text end

new text begin Three watershed management organizations established. new text end

new text begin (a)
Notwithstanding any other law to the contrary, the territory of the watershed management
organizations wholly or partially located in Hennepin County may reorganize into three
watershed management organizations as follows:
new text end

new text begin (1) North Hennepin Watershed Management Organization includes all territory in
the Elm Creek, Shingle Creek, Bassett Creek, West Mississippi, and Mississippi joint
powers watershed management organizations;
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new text begin (2) Central Hennepin Watershed Management Organization includes all territory
in the Pioneer-Sarah Creek joint powers watershed management organization and the
Minnehaha Creek Watershed District; and
new text end

new text begin (3) South Hennepin Watershed Management Organization includes all territory
in the Riley-Purgatory-Bluff Creek, Nine Mile Creek, and Lower Minnesota River
Watershed Districts, and the Richfield-Bloomington joint powers watershed management
organization.
new text end

new text begin (b) If a watershed management organization listed in paragraph (a) that is
reorganized into one of the three new watershed management organizations includes a
subwatershed in territory outside of Hennepin County, the new watershed management
organization established in paragraph (a) may include the subwatershed area if the new
watershed management organization provides for appointment of managers based on
the population and tax capacity of the areas of the respective counties served by the
new watershed management organization. Absent representation of the areas outside of
Hennepin County, the new watershed management organization boundary is coterminous
with the county boundary.
new text end

new text begin Subd. 2. new text end

new text begin Applicable law; exceptions. new text end

new text begin Except as otherwise provided in this section,
the three watershed management organizations established in subdivision 1 are governed
by and subject to the requirements of this chapter and chapter 103D, and other laws
governing watershed districts.
new text end

new text begin Subd. 3. new text end

new text begin Governance; plans continued during transition. new text end

new text begin Until the managers
of a watershed management organization established in subdivision 1 are appointed
as provided in the new watershed management organization's rules and bylaws, the
governing body of each watershed management organization consolidated into one of the
new watershed management organizations shall continue to govern the area it governed
before the new watershed management organization was established. Until a watershed
management plan is adopted for a new watershed management organization, the plans of
the watershed management organizations that were consolidated into the new watershed
management organization remain in effect.
new text end

new text begin Subd. 4. new text end

new text begin Transition plan committees. new text end

new text begin (a) Within 30 days after the effective date
of this section, each home rule charter or statutory city wholly or partially within the
jurisdiction of a new watershed management organization established in subdivision 1 shall
appoint a council member or the mayor to be its nominee to the transition plan committee.
For any city that does not make an appointment within 30 days of the effective date of this
section, the mayor or a city council member designated by the mayor shall represent the city.
new text end

new text begin (b) Within 30 days after the effective date of this section, each watershed
management organization that is consolidated into a watershed management organization
established in subdivision 1 shall appoint a manager to the transition plan committee to
serve as a nonvoting member of the committee.
new text end

new text begin (c) Within 60 days of the effective date of this section, the Board of Water and Soil
Resources shall convene the first meeting of each watershed management organization's
transition plan committee as soon as practicable after appointment of the members of
the committee. At the first meeting, the committee members shall elect from among
themselves a member to serve as chair, a member to serve as vice chair, and at least five
but not more than 13 additional voting members to develop the watershed management
organization rules and bylaws, as provided in subdivision 5. The transition plan committee
shall continue for the longer of one year or until the appointment of managers has been
made following the operating procedures in the rules and bylaws adopted by the new
watershed management organization and filed with the Board of Water and Soil Resources.
new text end

new text begin (d) Hennepin County shall provide to each transition plan committee administrative
support, including meeting space if necessary, and funding for the transition plan
committee's organizational activities. Unless otherwise agreed to by the county, within
one year of filing the rules and bylaws of the watershed management organization with the
Board of Water and Soil Resources, the watershed management organization must repay
to the county the organizational expenses incurred by the county for the work of the
transition plan committee, as provided in section 103D.905.
new text end

new text begin Subd. 5. new text end

new text begin Rules, bylaws, and comprehensive plans. new text end

new text begin The new watershed
management organization's rules and bylaws must provide that only elected municipal
officials may serve as managers of the watershed management organization; must include
a formula for weighting the vote of each city wholly or partially within the watershed
management organization, taking into account the city's population and tax capacity
relative to all other cities in the watershed management organization's territory; and must
include the method for selecting managers of the watershed management organization.
In addition, the rules and bylaws must provide for a revised comprehensive watershed
management plan for the watershed management organization. The watershed management
organization may file the rules, bylaws, and revised comprehensive watershed management
plan with the Board of Water and Soil Resources only after at least two-thirds of the cities
wholly or partially within the watershed management organization have approved them.
new text end

new text begin Subd. 6. new text end

new text begin Hennepin Watershed Management Organizations Coordinating
Board. new text end

new text begin Hennepin County may by resolution establish the Hennepin County Watershed
Management Organizations Coordinating Board to promote coordination and cooperation
among local water management entities, as defined in section 103B.102, work with
other public agencies and citizen volunteers to identify and restore impaired waters, and
establish countywide priorities. The coordinating board shall consist of:
new text end

new text begin (1) one watershed management organization manager appointed by each watershed
management organization established in subdivision 1;
new text end

new text begin (2) one county board member appointed by the Hennepin County Board, who shall
also serve as chair of the coordinating board;
new text end

new text begin (3) one park district board member appointed by each park district board of a park
district wholly or partially within the county; and
new text end

new text begin (4) one member who is a resident of the county, appointed by the Hennepin County
Board.
new text end

new text begin The county shall provide to the coordinating board administrative support, including
meeting space if necessary.
new text end

new text begin Subd. 7. new text end

new text begin Hennepin watershed districts as MS4s. new text end

new text begin Notwithstanding the petition
procedure in Minnesota Rules, part 7090.1010, subpart 4, the commissioner of the Pollution
Control Agency shall designate each watershed management organization established in
this section as a municipal separate storm sewer system operator responsible for:
new text end

new text begin (1) identifying a watershed-wide total maximum daily load;
new text end

new text begin (2) aligning storm water pollution prevention programs in the watershed with each
other;
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new text begin (3) developing total maximum daily load implementation plans; and
new text end

new text begin (4) determining a general strategy, tracking system, and schedule for meeting a total
maximum daily load allocation, in cooperation with municipalities within the watershed
management organization's territory.
new text end

new text begin Subd. 8. new text end

new text begin Taxing authority. new text end

new text begin A watershed management organization established in
this section may levy a tax authorized in section 103B.241, not to exceed ... percent of the
total taxable market value of the territory of the watershed management organization.
new text end

new text begin Subd. 9. new text end

new text begin Transfer of personnel, assets, and liabilities; former watershed
management organizations abolished. new text end

new text begin The personnel, assets, and liabilities of the
watershed management organizations that are reorganized and consolidated into a new
watershed management organization are transferred to the new watershed management
organization established in subdivision 1, effective upon the appointment of managers as
provided in the rules and bylaws for the new watershed management organization. Upon
completing transfer of all personnel, assets, and liabilities of a watershed management
organization to the new watershed management organization, the former watershed
management organization is abolished.
new text end

new text begin Subd. 10. new text end

new text begin Failure to organize a watershed management organization. new text end

new text begin If the
Board of Water and Soil Resources determines that a watershed management organization
established in subdivision 1 has not filed its rules, bylaws, and revised comprehensive
watershed management plan within one year of the effective date of this section:
new text end

new text begin (1) the political subdivisions located wholly or partially within the watershed
management organization are not eligible for state funding for water projects or programs;
new text end

new text begin (2) state agencies may withhold delegation of state water resource regulatory
authority from political subdivisions in the territory of the watershed management
organization; and
new text end

new text begin (3) state agencies may suspend issuance of water-related permits within the territory
of the watershed management organization.
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