HF 3976

as introduced - 89th Legislature (2015 - 2016) Posted on 04/28/2016 08:26am

A bill for an act
relating to waters; appropriating money for water supply sustainability study
and augmentation design; providing project protections for the city of Vadnais
Heights.

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

Section 1. new text begin APPROPRIATION; WATER SUPPLY SUSTAINABILITY STUDY.
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new text begin (a) $3,630,000 is appropriated in fiscal year 2017 from the general fund to the
commissioner of natural resources for activities relating to proposed augmentation of
White Bear Lake.
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new text begin (b) Of this amount:
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new text begin (1) $1,500,000 is for a study to evaluate long-term water supply sustainability in the
north and east metro, identify options to address any challenges identified to the north
and east metro's long-term water supply sustainability, and assess the feasibility and costs
of those options. The study must consider available information concerning interactions
between the region's surface water and groundwater systems, including White Bear
Lake. The commissioner must conduct this study in consultation and coordination with
affected communities, the Metropolitan Council and other state and regional agencies,
water utilities, watershed districts, counties, industrial water permit holders, and other
entities with a demonstrated interest in the water supply challenges facing the north
and east metro. The commissioner must complete a report summarizing study findings
regarding long-term water supply sustainability challenges in the north and east metro
and the feasibility of various options for addressing those challenges. Efficient water use
and water reuse options must be included in the report. The commissioner's report must
consider sufficient detail regarding preliminary design considerations, including supply
source, treatment, distribution, operation, and financing, of all feasible options evaluated.
The report must be provided no later than January 15, 2018, to the chairs and ranking
minority members of the house of representatives and senate committees and divisions
with jurisdiction over environment and natural resources finance and policy and the clean
water fund. No detailed design may be undertaken by the commissioner without legislative
approval. A copy of the draft report will be provided to all affected local agencies for
review and comment prior to finalization and presentation by the commissioner to the
legislature. The appropriation in this clause is available until June 30, 2018;
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new text begin (2) $280,000 is for water quality monitoring, modeling, and data analysis to
establish baseline water quality conditions and to assess the water quality impacts and
other potential ecological effects of augmenting White Bear Lake with water from Vadnais
Lake on both White Bear Lake and Vadnais Lake. The appropriation in this clause is
available until the project is completed;
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new text begin (3) $1,700,000 is for planning and preliminary engineering work needed to further
refine the White Bear Lake augmentation cost estimate developed by the commissioner
of natural resources pursuant to Laws 2015, First Special Session chapter 4, article
3, section 3, subdivision 3. The planning and preliminary engineering must focus on
assessing the likely impact of augmentation on water levels in White Bear Lake and
reducing the uncertainty around key cost drivers for a potential augmentation system,
including augmentation volume, soil conditions, required real estate interests and public
improvements, and facility design. In conducting this work, the commissioner shall
assume that Vadnais Lake provides the source water for augmenting White Bear Lake.
The appropriation in this clause is available until the project is completed; and
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new text begin (4) $150,000 is for development of three design-build proposals. The commissioner
shall request design-build qualifications and select three qualified entities to develop
design-build proposals. The proposals must address increasing the water level in White
Bear Lake by piping water from Vadnais Lake to White Bear Lake. The design work must
ensure that the water in White Bear Lake and Vadnais Lake will remain at least as clean
and clear as before the augmentation project is implemented. Among any other issues to
be addressed, the design work must ensure that the project does not allow the spread of
any invasive species or increase phosphorus levels. The commissioner must develop the
design-build request for proposals in consultation with the commissioner of administration
with regard to procedures, and in consultation with the Metropolitan Council and its
water supply policy and technical advisory committees and the Minnesota Pollution
Control Agency with regard to water quality and environmental issues. Any limitations in
law on the number or value of design-build contracts do not apply to this project. The
appropriation in this clause is not available until the planning and preliminary engineering
work in clause (3) is completed and is available until the design-build proposals funded in
this clause are completed.
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new text begin (c) No detailed design or construction for the White Bear Lake augmentation project
may be undertaken by the commissioner until the commissioner, the city of Vadnais
Heights, the White Bear Lake Conservation District, the Metropolitan Council, and any
other communities, agencies, or entities involved in the White Bear Lake augmentation
project using water drawn from Vadnais Lake enter an agreement as to how the project
will proceed, with protections for the city of Vadnais Heights' water system and property
including, but not limited to, the following assurances for the city of Vadnais Heights, that:
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new text begin (1) the city will not lose its ability to develop lands near Vadnais Lake;
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new text begin (2) the city will be consulted regarding all aspects, including the legal planning
process, of the siting of any proposed water filtration or treatment plant facility within its
borders necessitated by the augmentation project;
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new text begin (3) the city will not be required to contribute financially to the construction,
maintenance, or operations of the proposed augmentation project and the proposed
filtration or treatment plant facility;
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new text begin (4) all city and county roads and streets affected by the proposed augmentation
project and the proposed filtration or treatment plant facility will be reconstructed
following project completion;
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new text begin (5) efforts will be made to minimize disruption and adverse impacts to residents and
businesses during construction of the proposed augmentation project and the proposed
filtration or treatment plant facility; and
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new text begin (6) the city will be given authority to force change to ongoing project operations that
negatively affect the immediate neighborhood.
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