SF 1479

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to economic development; wastewater treatment 
  1.3             funding; coordinating drinking water and wastewater 
  1.4             funding requests; authorizing rulemaking; amending 
  1.5             Minnesota Statutes 2000, section 446A.07, subdivisions 
  1.6             4, 11, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 446A.07, 
  1.9   subdivision 4, is amended to read: 
  1.10     Subd. 4.  [INTENDED USE PLAN.] The pollution control agency 
  1.11  public facilities authority shall annually prepare and submit to 
  1.12  the United States Environmental Protection Agency an intended 
  1.13  use plan.  The plan must identify the intended uses of the 
  1.14  amounts available to the water pollution control revolving fund, 
  1.15  including a list of wastewater treatment and storm water 
  1.16  projects and all other eligible activities to be funded during 
  1.17  the fiscal year.  Information regarding eligible activities must 
  1.18  be submitted to the pollution control agency by the appropriate 
  1.19  state agency or department within 30 days of written 
  1.20  notification by the pollution control agency.  The pollution 
  1.21  control agency shall annually provide to the public facilities 
  1.22  authority a prioritized list of proposed wastewater and storm 
  1.23  water projects and an identification of those projects eligible 
  1.24  for placement on the intended use plan.  The pollution control 
  1.25  agency public facilities authority may not submit the plan until 
  1.26  it has received the review and comment of the authority 
  2.1   pollution control agency or until 30 days have elapsed since the 
  2.2   plan was submitted to the authority pollution control agency, 
  2.3   whichever occurs first.  In addition, the public facilities 
  2.4   authority shall offer municipalities seeking placement on the 
  2.5   intended use plan an opportunity to review and comment on the 
  2.6   document before it is adopted.  The intended use plan may be 
  2.7   amended to add additional projects for consideration for funding 
  2.8   as the public facilities authority determines funds are 
  2.9   available and additional projects are able to proceed. 
  2.10     Sec. 2.  Minnesota Statutes 2000, section 446A.07, 
  2.11  subdivision 11, is amended to read: 
  2.12     Subd. 11.  [RULES OF AGENCY.] The agency shall adopt rules 
  2.13  relating to the procedure for preparation of the annual intended 
  2.14  use plan ranking and reviewing projects, certifying approved 
  2.15  projects to the public facilities authority for funding, and 
  2.16  other matters that the agency considers necessary for proper 
  2.17  loan the administration of the agency's duties as provided in 
  2.18  this section.  Eligible activities are those required under the 
  2.19  federal Water Pollution Control Act of 1987, as amended. 
  2.20     Sec. 3.  Minnesota Statutes 2000, section 446A.07, is 
  2.21  amended by adding a subdivision to read: 
  2.22     Subd. 12.  [DESIGNATED GROWTH AREAS.] A municipality may 
  2.23  identify areas for new development that will connect to an 
  2.24  existing wastewater treatment system and are consistent with its 
  2.25  comprehensive land use plan as designated growth areas.  
  2.26  Notwithstanding subdivisions 10 and 11, the commissioner of the 
  2.27  pollution control agency, with concurrence from the authority 
  2.28  and commissioner of the state planning agency or the 
  2.29  metropolitan council, may place projects for new collection 
  2.30  systems in designated growth areas on the project priority list 
  2.31  with a minimum of 100 points in order to encourage future 
  2.32  development in areas of the state that are less environmentally 
  2.33  sensitive. 
  2.34     Sec. 4.  [RULES.] 
  2.35     The pollution control agency and the public facilities 
  2.36  authority may adopt rules incorporating sections 1 and 2 using 
  3.1   the good cause exemption under Minnesota Statutes, section 
  3.2   14.388, clause (3).