SF 1071

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to the Metropolitan Council; requiring the
Metropolitan Council to carry out metropolitan area
water supply planning activities; establishing an
advisory committee to assist the council in carrying
out the planning activities; abolishing the housing
bond credit enhancement program; providing for
continued debt reserve and levy authority for bonds
issued under the program before its abolishment;
providing for the use of available funds from the
abolished housing bond credit enhancement program for
the council's metropolitan area water supply planning
activities; amending Minnesota Statutes 2004, section
473.197, subdivision 4; proposing coding for new law
in Minnesota Statutes, chapter 473; repealing
Minnesota Statutes 2004, sections 473.156; 473.197,
subdivisions 1, 2, 3, 5.

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

Section 1.

new text begin [473.1565] METROPOLITAN AREA WATER SUPPLY
PLANNING ACTIVITIES; ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Planning activities. new text end

new text begin (a) The Metropolitan
Council must carry out planning activities addressing the water
supply needs of the metropolitan area as defined in section
473.121, subdivision 2. The planning activities must include,
at a minimum:
new text end

new text begin (1) development and maintenance of a base of technical
information needed for sound water supply decisions including
surface and groundwater availability analyses, water demand
projections, water withdrawal and use impact analyses, modeling,
and similar studies;
new text end

new text begin (2) development and periodic update of a metropolitan area
master water supply plan that:
new text end

new text begin (i) provides guidance for local water supply systems and
future regional investments;
new text end

new text begin (ii) emphasizes conservation, interjurisdictional
cooperation, and long-term sustainability; and
new text end

new text begin (iii) addresses the reliability, security, and
cost-effectiveness of the metropolitan area water supply system
and its local and subregional components;
new text end

new text begin (3) recommendations for clarifying the appropriate roles
and responsibilities of local, regional, and state government in
metropolitan area water supply;
new text end

new text begin (4) recommendations for streamlining and consolidating
metropolitan area water supply decision-making and approval
processes; and
new text end

new text begin (5) recommendations for the ongoing and long-term funding
of metropolitan area water supply planning activities and
capital investments.
new text end

new text begin (b) The council must carry out the planning activities in
this subdivision in consultation with the metropolitan area
water supply advisory committee established in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Advisory committee. new text end

new text begin (a) A metropolitan area
water supply advisory committee is established to assist the
council in its planning activities in subdivision 1. The
advisory committee has the following membership:
new text end

new text begin (1) the commissioner of agriculture or the commissioner's
designee;
new text end

new text begin (2) the commissioner of health or the commissioner's
designee;
new text end

new text begin (3) the commissioner of natural resources or the
commissioner's designee;
new text end

new text begin (4) the commissioner of the pollution control agency or the
commissioner's designee;
new text end

new text begin (5) two officials of counties that are located in the
metropolitan area, appointed by the governor;
new text end

new text begin (6) six officials of noncounty local governmental units
that are located in the metropolitan area, appointed by the
governor; and
new text end

new text begin (7) the chair of the Metropolitan Council or the chair's
designee, who is chair of the advisory committee.
new text end

new text begin (b) Members of the advisory committee appointed by the
governor serve at the pleasure of the governor and their terms
end with the term of the governor. Members of the advisory
committee serve without compensation but may be reimbursed for
their reasonable expenses as determined by the Metropolitan
Council. The advisory committee does not expire until repealed
by law.
new text end

new text begin Subd. 3. new text end

new text begin Reports to legislature. new text end

new text begin The council must submit
reports to the legislature regarding its continuing planning
activities under subdivision 1. The first report must be
submitted to the legislature by the date the legislature
convenes in 2007 and subsequent reports must be submitted by
such date every five years thereafter.
new text end

Sec. 2.

Minnesota Statutes 2004, section 473.197,
subdivision 4, is amended to read:

Subd. 4.

Debt reserve; levy.

To provide money to pay
debt service on bonds issued under the credit enhancement
program deleted text begin if pledged revenues are insufficient to pay debt service
deleted text end new text begin in repealed subdivision 1 of Minnesota Statutes 2004, section
473.197 new text end , the council must maintain a debt reserve fund deleted text begin in the
manner and with the effect provided by section 118A.04 for
public funds deleted text end new text begin until such a reserve is no longer pledged or
otherwise needed to pay debt service on such bonds new text end . deleted text begin To provide
funds for the debt reserve fund, the council may use up to
$3,000,000 of the proceeds of solid waste bonds issued by the
council under section 473.831 before its repeal. To provide
additional funds for the debt reserve fund, the council may levy
a tax on all taxable property in the metropolitan area and must
levy the tax deleted text end If sums in the debt reserve fund are insufficient
to cure any deficiency in the debt service fund established for
the bonds new text begin , the council must levy a tax on all taxable property
in the metropolitan area in the amount needed to cure the
deficiency new text end . The tax authorized by this section does not affect
the amount or rate of taxes that may be levied by the council
for other purposes and is not subject to limit as to rate or
amount.

Sec. 3. new text begin CONTINUATION OF AGREEMENTS.
new text end

new text begin An agreement entered into between the Metropolitan Council
and a participant in the credit enhancement program under
Minnesota Statutes 2004, section 473.197, subdivision 5, with
respect to bonds issued prior to the effective date of this act,
shall continue in effect in accordance with its terms; provided
that no provision in such agreement shall be construed to
require or allow the council to pledge its full faith and credit
and taxing powers to the payment of additional bonds issued
after the effective date of this act.
new text end

Sec. 4. new text begin USE OF CREDIT ENHANCEMENT PROGRAM FUNDS.
new text end

new text begin The Metropolitan Council must transfer any funds
originating from the proceeds of solid waste bonds and available
for the credit enhancement program under Minnesota Statutes
2004, section 473.197, subdivision 4, to the council's general
fund to the extent such funds are no longer pledged or otherwise
needed by the council to maintain a debt reserve fund as
provided for in ongoing Minnesota Statutes, section 473.197,
subdivision 4. The council must first use the transferred funds
for carrying out the metropolitan area water supply planning
activities required by section 1, for staff support of the
advisory committee established under that section, and for
related purposes. If the council determines that the
transferred funds are no longer needed for such purposes, the
council may use any such funds for any general purposes of the
council.
new text end

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

new text begin Minnesota Statutes 2004, sections 473.156 and 473.197,
subdivisions 1, 2, 3, and 5, are repealed.
new text end

Sec. 6. new text begin APPLICATION.
new text end

new text begin This act applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end