HF 4232

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to environment; establishing the Minnesota River Basin Commission
with taxing authority; appropriating money; amending Minnesota Statutes
2006, sections 103D.205, subdivision 3; 275.066; Minnesota Statutes 2007
Supplement, section 103B.102, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapter 103B.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 103B.102, subdivision 2,
is amended to read:

Subd. 2.

Definitions.

For the purposes of this section, "local water management
entities" means watershed districts, soil and water conservation districts, metropolitan
water management organizations, new text begin the Minnesota River Basin Commission under section
103B.177, new text end and counties operating separately or jointly in their role as local water
management authorities under chapter 103B, 103C, 103D, or 103G and chapter 114D.

Sec. 2.

new text begin [103B.176] DEFINITIONS.
new text end

new text begin (a) For the purposes of sections 103B.176 to 103B.179, the following terms have
the meanings given.
new text end

new text begin (b) "Basin" means the Minnesota River Basin.
new text end

new text begin (c) "Board" means the Board of Water and Soil Resources.
new text end

new text begin (d) "Commission" means the Minnesota River Basin Commission established in
section 103B.177, subdivision 2.
new text end

new text begin (e) "Local water management entities" means watershed districts, soil and water
conservation districts, metropolitan water management organizations, lake improvement
districts, lake conservation districts, and counties under chapters 103B, 103C, 103D,
and 114.
new text end

new text begin (f) "Watershed management organization" means a watershed district under chapter
103D; a watershed management organization under section 103B.211; or a formally
organized joint powers organization of counties, cities, soil and water conservation
districts, and watershed districts located outside the seven-county metropolitan area
as defined under section 473.121, subdivision 4, encompassing one or more of the
state's major watersheds. Lake improvement districts are not watershed management
organizations.
new text end

Sec. 3.

new text begin [103B.177] MINNESOTA RIVER BASIN COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin The purposes of the Minnesota River Basin Commission
are to provide the following for the Minnesota River Basin:
new text end

new text begin (1) protect, preserve, and use natural surface and groundwater storage and retention
systems;
new text end

new text begin (2) maximize benefits of public capital expenditures needed to correct flooding and
water quality problems;
new text end

new text begin (3) identify and plan for means to effectively protect and improve surface and
groundwater quality;
new text end

new text begin (4) establish more uniform policies, goals, and objectives for surface water and
groundwater management;
new text end

new text begin (5) prevent erosion of soil and associated pollutants into surface water systems;
new text end

new text begin (6) promote groundwater recharge;
new text end

new text begin (7) protect and enhance fish and wildlife habitat;
new text end

new text begin (8) secure other benefits associated with the sustainable use and management of
surface water and groundwater resources;
new text end

new text begin (9) promote coordination and cooperation among basin water management
organizations;
new text end

new text begin (10) work with other public agencies and citizen volunteers collecting scientific data
used to identify and restore impaired waters; and
new text end

new text begin (11) facilitate resolution of water resources conflicts.
new text end

new text begin Subd. 2. new text end

new text begin Minnesota River Basin Commission. new text end

new text begin (a) The Minnesota River Basin
Commission is established in the Minnesota River Basin. The commission's purpose
is to coordinate basin water management activities, implement projects and programs
of common benefit to the basin, and monitor performance of local water management
entities within the basin.
new text end

new text begin (b) Membership of the commission consists of one member from each of the existing
13 subwatershed organizations within the basin and one member from each of the major
watershed units where there is no formally organized watershed management organization
within the basin. The governing body for each watershed management organization shall
appoint one member. If no watershed management organization exists, the counties
and soil and water conservation districts located wholly or partially within each major
watershed unit, or any watershed district located partially within, shall jointly appoint one
member that resides in the major watershed unit. A member of the commission must be
a county commissioner, a soil and water conservation district supervisor, a watershed
district manager, or an elected city official.
new text end

new text begin (c) The commission shall annually elect from among its members a chair, vice-chair,
and secretary-treasurer who shall serve for concurrent three-year terms. The chair shall
preside over all meetings of the commission and may call special meetings at reasonable
times and with adequate notice, when necessary. The vice-chair shall preside over
the meetings of the commission in the absence of the chair. The secretary-treasurer
or the designee of the secretary-treasurer shall keep a record of all proceedings of the
commission. The secretary-treasurer shall provide for the proper receipt and disbursement
of funds.
new text end

new text begin (d) On or before January 1, 2010, the commission shall submit to the board for
approval an organization plan that details the commission's membership, structure, and
operating authority in order to meet the requirements of sections 103B.176 to 103B.179,
including the incorporation of the existing Minnesota River Basin Joint Powers Board
into the commission.
new text end

new text begin Subd. 3. new text end

new text begin Advisory committee. new text end

new text begin (a) The Minnesota River Basin Commission must
annually appoint an advisory committee to advise and assist the commission on all matters
affecting the interests of the basin and make recommendations to the commission on all
contemplated projects and improvements in the basin.
new text end

new text begin (b) The advisory committee consists of at least six members. One-half of the
members of the advisory committee should be public officials from local units of
government. The remaining one-half should be landowners within the basin. The
members must be residents of the basin.
new text end

new text begin Subd. 4. new text end

new text begin Basin management plans. new text end

new text begin On or before January 1, 2012, the commission
shall adopt a basin management plan and submit the plan to the board for approval that
builds on local water plans, establishes goals and measurable outcomes, and coordinates
actions addressing the water quality, flood protection, land conservation, and related
ecosystem needs of the basin.
new text end

new text begin Subd. 5. new text end

new text begin Watershed management organization plans. new text end

new text begin Effective January 1,
2010, all watershed management organization plans and local water plans within the
basin developed under sections 103B.231, 103B.235, 103B.255, 103B.311, 103B.501,
103B.601, 103B.651, 103C.331, subdivision 11, and 103D.401, shall be submitted to the
commission for review and comment on the consistency of the proposed plan with the
basin management plan. A county or soil and water conservation district may use this
plan to meet the local water management plan requirements of sections 103B.311 and
103C.331, subdivision 11.
new text end

new text begin Subd. 6. new text end

new text begin Taxing and other authority. new text end

new text begin (a) For taxes levied in 2009, payable in 2010
and thereafter, the commission, following approval of its basin management plan under
subdivision 4, may levy an ad valorem tax not to exceed 0.048 percent of the taxable
market value of all property within the basin, or $......, whichever is less. The levy is in
addition to any other levy authorized by statute. One-half of the levy shall be credited
to the watershed management fund of the watershed management organization for
development, construction, maintenance, implementation, and operation of projects and
programs of benefit to the watershed for the restoration, enhancement, preservation, and
protection of water and related land resources. If no watershed management organization
exists for a major watershed unit, the one-half levy amount shall be credited to the county
and held by the county until a watershed management organization is established at which
time the funds will be transferred for use by the watershed management organization. The
remaining one-half of the levy shall be credited to the general fund of the commission
and shall be used for water resource projects and programs of benefit to the basin. The
commission must adopt criteria for application and allocation of these funds by the
commission.
new text end

new text begin (b) For purposes of this section, the commission shall be considered a special taxing
district under section 275.066.
new text end

new text begin (c) The commission may hire or contract for resources to carry out its responsibilities
under this section.
new text end

new text begin (d) The commission has the authority to and must participate in interstate and
international river basin organizations that are geographically and hydrologically
connected with the river basin.
new text end

Sec. 4.

new text begin [103B.178] WATERSHED MANAGEMENT ORGANIZATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin (a) A party to a joint powers agreement under section
471.59 to jointly or cooperatively manage or plan for the management of surface water and
groundwater in a watershed within the Minnesota River Basin under this section has, in
addition to other authorities granted under section 471.59, the authority to prepare, adopt,
and implement a plan for the watershed meeting the requirements of section 103B.231.
new text end

new text begin (b) Decisions by a joint powers board may not require more than a majority vote,
except a decision on a capital improvement project, which may require no more than a
two-thirds vote.
new text end

new text begin Subd. 2. new text end

new text begin Review of watershed boundaries. new text end

new text begin Before commencing planning, a
watershed management organization established under this section and section 471.59
must submit a map delineating the boundaries of the watershed management organization
to the board for review and comment. The board has 60 days to comment.
new text end

Sec. 5.

new text begin [103B.179] ACCOUNTABILITY AND OVERSIGHT.
new text end

new text begin Subdivision 1. new text end

new text begin Standards. new text end

new text begin The Minnesota River Basin Commission may in its basin
management plan adopt additional performance and operational standards for its member
watershed management organizations. Water management organizations or local water
management entities are not eligible for Clean Water Legacy restoration and protection
implementation grants or loans unless they are formally organized and have a water plan
approved by the board and there is cooperation, coordination, and implementation on
a watershed basis.
new text end

new text begin Subd. 2. new text end

new text begin Corrective actions. new text end

new text begin (a) In addition to any other powers granted to
the board, the board may intervene for the purpose of resolving disputes between the
commission and its member watershed management organizations.
new text end

new text begin (b) The commission may petition the board to establish a watershed management
district if deficiencies identified by the board are not corrected within two years. The
board may, after public notice and hearing, declare a watershed management organization
nonimplementing and initiate proceedings for establishment of a watershed district.
new text end

Sec. 6.

Minnesota Statutes 2006, section 103D.205, subdivision 3, is amended to read:

Subd. 3.

Signatures.

The establishment petition must be signed by one or more
of the following groups:

(1) one-half or more of the counties within the proposed watershed district;

(2) counties having 50 percent or more of the area within the proposed watershed
district;

(3) a majority of the cities within the proposed watershed district; deleted text begin or
deleted text end

(4) 50 or more resident owners residing in the proposed watershed district, excluding
resident owners within the corporate limits of a city if the city has signed the petition deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) the Minnesota River Basin Commission under section 103B.179, subdivision 2.
new text end

Sec. 7.

Minnesota Statutes 2006, section 275.066, is amended to read:

275.066 SPECIAL TAXING DISTRICTS; DEFINITION.

For the purposes of property taxation and property tax state aids, the term "special
taxing districts" includes the following entities:

(1) watershed districts under chapter 103D;

(2) sanitary districts under sections 115.18 to 115.37;

(3) regional sanitary sewer districts under sections 115.61 to 115.67;

(4) regional public library districts under section 134.201;

(5) park districts under chapter 398;

(6) regional railroad authorities under chapter 398A;

(7) hospital districts under sections 447.31 to 447.38;

(8) St. Cloud Metropolitan Transit Commission under sections 458A.01 to 458A.15;

(9) Duluth Transit Authority under sections 458A.21 to 458A.37;

(10) regional development commissions under sections 462.381 to 462.398;

(11) housing and redevelopment authorities under sections 469.001 to 469.047;

(12) port authorities under sections 469.048 to 469.068;

(13) economic development authorities under sections 469.090 to 469.1081;

(14) Metropolitan Council under sections 473.123 to 473.549;

(15) Metropolitan Airports Commission under sections 473.601 to 473.680;

(16) Metropolitan Mosquito Control Commission under sections 473.701 to 473.716;

(17) Morrison County Rural Development Financing Authority under Laws 1982,
chapter 437, section 1;

(18) Croft Historical Park District under Laws 1984, chapter 502, article 13, section
6;

(19) East Lake County Medical Clinic District under Laws 1989, chapter 211,
sections 1 to 6;

(20) Floodwood Area Ambulance District under Laws 1993, chapter 375, article
5, section 39;

(21) Middle Mississippi River Watershed Management Organization under sections
103B.211 and 103B.241;

(22) emergency medical services special taxing districts under section 144F.01;

(23) a county levying under the authority of section 103B.241, 103B.245, or
103B.251;

(24) Southern St. Louis County Special Taxing District; Chris Jensen Nursing Home
under Laws 2003, First Special Session chapter 21, article 4, section 12; deleted text begin and
deleted text end

(25) new text begin the Minnesota River Basin Commission under section 103B.177; and
new text end

new text begin (26) new text end any other political subdivision of the state of Minnesota, excluding counties,
school districts, cities, and towns, that has the power to adopt and certify a property tax
levy to the county auditor, as determined by the commissioner of revenue.

Sec. 8. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from ... in fiscal year .... to .... as a onetime appropriation
for grants to the Minnesota River Basin Commission to assist in development of the
basin plan goals, objectives, priorities, and outcomes under Minnesota Statutes, sections
103B.177 to 103B.179. This appropriation is available until expended.
new text end

new text begin $....... is appropriated from ... in fiscal year .... and $....... is appropriated in fiscal
year .... to the Board of Water and Soil Resources for increased staffing and capacity to
support the watershed management effort of this act.
new text end