HF 517

as introduced - 87th Legislature (2011 - 2012) Posted on 02/14/2011 11:16am

A bill for an act
relating to environment; modifying water supply plan requirements; modifying
yard waste prohibitions; modifying transmission projects report requirements;
modifying roadway lighting requirements; amending Minnesota Statutes 2010,
sections 103G.291, subdivisions 3, 4; 115A.931; 216B.2425, subdivision 2;
repealing Minnesota Statutes 2010, section 216C.19, subdivision 1; Minnesota
Rules, parts 8885.0100; 8885.0200; 8885.0300.

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

Section 1.

Minnesota Statutes 2010, section 103G.291, subdivision 3, is amended to
read:

Subd. 3.

Water supply plans; demand reduction.

(a) Every public water supplier
serving more than 1,000 people must submit a water supply plan to the commissioner
for approval by January 1, 1996. In accordance with guidelines developed by the
commissioner, the plan must address projected demands, adequacy of the water supply
system and planned improvements, existing and future water sources, natural resource
impacts or limitations, emergency preparedness, water conservation, supply and demand
reduction measures, and allocation priorities that are consistent with section 103G.261.
Public water suppliers must update their plan and, upon notification, submit it to the
commissioner for approval every ten years.

(b) The water supply plan in paragraph (a) is required for all communities in the
metropolitan area, as defined in section 473.121, with a municipal water supply system
and is a required element of the local comprehensive plan required under section 473.859.
Water supply plans or updates submitted after December 31, 2008, must be consistent
with the metropolitan area master water supply plan required under section 473.1565,
subdivision 1, paragraph (a), clause (2).

(c) Public water suppliers serving more than 1,000 people must employ water
use demand reduction measures deleted text begin , including a conservation rate structure, as defined in
subdivision 4, paragraph (a), unless exempted under subdivision 4, paragraph (c), deleted text end before
requesting approval from the commissioner of health under section 144.383, paragraph
(a), to construct a public water supply well or requesting an increase in the authorized
volume of appropriation. new text begin A public water supplier in the metropolitan area, as defined
in section 473.121, subdivision 2, that serves more than 1,000 people must include a
conservation rate structure, as defined in subdivision 4, paragraph (a), unless exempted
under subdivision 4, paragraph (c). new text end Demand reduction measures must include deleted text begin evaluation
of conservation rate structures and deleted text end a public education program that may include a toilet
and showerhead retrofit program.

(d) Public water suppliers serving more than 1,000 people must submit records
that indicate the number of connections and amount of use by customer category and
volume of water unaccounted for with the annual report of water use required under
section 103G.281, subdivision 3.

(e) For the purposes of this section, "public water supplier" means an entity
that owns, manages, or operates a public water supply, as defined in section 144.382,
subdivision 4.

Sec. 2.

Minnesota Statutes 2010, section 103G.291, subdivision 4, is amended to read:

Subd. 4.

Conservation rate structure required.

(a) For the purposes of this
section, "conservation rate structure" means a rate structure that encourages conservation
and may include increasing block rates, seasonal rates, time of use rates, individualized
goal rates, or excess use rates. The rate structure must consider each residential unit as an
individual user in multiple-family dwellings.

(b) To encourage conservation, a public water supplier deleted text begin serving more than 1,000
people deleted text end in the metropolitan area, as defined in section 473.121, subdivision 2, new text begin that serves
more than 1,000 people new text end shall use a conservation rate structure by January 1, 2010. deleted text begin All
remaining public water suppliers serving more than 1,000 people shall use a conservation
rate structure by January 1, 2013.
deleted text end

(c) A public water supplier without the proper measuring equipment to track the
amount of water used by its users, as of July 1, 2008, is exempt from this subdivision and
the conservation rate structure requirement under subdivision 3, paragraph (c).

Sec. 3.

Minnesota Statutes 2010, section 115A.931, is amended to read:

115A.931 YARD WASTE PROHIBITION.

(a) Except as authorized by the agency, in the metropolitan area after January 1,
1990, and outside the metropolitan area after January 1, 1992, a person may not place
yard waste:

(1) in mixed municipal solid waste;

(2) in a disposal facility; or

(3) in a resource recovery facility except for the purposes of reuse, composting, or
cocomposting.

(b) MS 2008 [Renumbered 115A.03, subd 38]

deleted text begin (c) On or after January 1, 2010, a person may not place yard waste or
source-separated compostable materials generated in a metropolitan county in a plastic bag
delivered to a transfer station or compost facility unless the bag meets all the specifications
in ASTM Standard Specification for Compostable Plastics (D6400). For purposes of this
paragraph, "metropolitan county" has the meaning given in section 473.121, subdivision
4, and "ASTM" has the meaning given in section 296A.01, subdivision 6.
deleted text end

deleted text begin (d) A person who immediately empties a plastic bag containing yard waste or
source-separated compostable materials delivered to a transfer station or compost facility
and removes the plastic bag from the transfer station or compost facility is exempt from
paragraph (c).
deleted text end

deleted text begin (e) Residents of a city of the first class that currently contracts for the collection of
yard waste are exempt from paragraph (c) until January 1, 2013, if, by that date, the
city implements a citywide source-separated compostable materials collection program
using durable carts.
deleted text end

Sec. 4.

Minnesota Statutes 2010, section 216B.2425, subdivision 2, is amended to read:

Subd. 2.

List development; transmission projects report.

(a) By November
1 of each odd-numbered year, a transmission projects report must be submitted to the
commission by each utility, organization, or company that:

(1) is a public utility, deleted text begin a municipal utility, deleted text end a cooperative electric association, the
generation and transmission organization that serves each utility or association, or a
transmission company; and

(2) owns or operates electric transmission lines in Minnesota.

(b) The report may be submitted jointly or individually to the commission.

(c) The report must:

(1) list specific present and reasonably foreseeable future inadequacies in the
transmission system in Minnesota;

(2) identify alternative means of addressing each inadequacy listed;

(3) identify general economic, environmental, and social issues associated with
each alternative; and

(4) provide a summary of public input related to the list of inadequacies and the role
of local government officials and other interested persons in assisting to develop the list
and analyze alternatives.

(d) To meet the requirements of this subdivision, reporting parties may rely on
available information and analysis developed by a regional transmission organization
or any subgroup of a regional transmission organization and may develop and include
additional information as necessary.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 216C.19, subdivision 1; new text end new text begin and new text end new text begin Minnesota Rules,
parts 8885.0100; 8885.0200; and 8885.0300, new text end new text begin are repealed.
new text end