Minnesota Legislature
SF 2299
as introduced - 87th Legislature (2011 - 2012) Posted on 03/09/2012 11:32am
Current Version - as introduced
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A bill for an act
relating to metropolitan government; making miscellaneous technical corrections
to water resources statutes; removing and modifying obsolete language;
amending Minnesota Statutes 2010, sections 473.157; 473.517, subdivisions 1, 9;
473.519; 473.523, subdivision 1; 473.541, subdivision 2; 473.543, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 473.157, is amended to read:
473.157 WATER RESOURCES PLAN.
To help achieve federal and state water quality standards, provide effective water
pollution control, and help reduce unnecessary investments in advanced wastewater
treatment, the council shall adopt a water resources plan that includes management
objectives deleted text begin and target pollution loadsdeleted text end for watersheds in the metropolitan area. The council
shall recommend to the Board of Water and Soil Resources performance standards for
watershed plans in the metropolitan area, including standards relating to the timing of plan
revisions and proper water quality management.
Sec. 2.
Minnesota Statutes 2010, section 473.517, subdivision 1, is amended to read:
Subdivision 1.
Allocation method.
Except as provided in subdivision 3, the
estimated costs of operation, maintenance, and debt service of the metropolitan disposal
system to be paid by the council in each fiscal year, and the costs of acquisition and
betterment of the system which are to be paid during the year from funds other than bond
proceeds, including all expenses incurred by the council pursuant to sections 473.501 to
473.545, are referred to in this section as current costs, and shall be allocated among and
paid by all local government units which will discharge sewage, directly or indirectly,
into the metropolitan disposal system during the budget year according to an allocation
method determined by the council. The allocated costs may include an amount for a
reserve or contingency fund and an amount for cash flow management. The cash flow
management fund so established must not exceed five percent of the council's total deleted text begin waste
controldeleted text end new text begin wastewater servicesnew text end operating budget.
Sec. 3.
Minnesota Statutes 2010, section 473.517, subdivision 9, is amended to read:
Subd. 9.
Advisory committees.
The council may establish and appoint persons to
advisory committees to assist the council in the performance of its wastewater deleted text begin controldeleted text end new text begin
servicesnew text end duties. If established, the advisory committees shall meet with the council
to consult with such members concerning the acquisition, betterment, operation and
maintenance of interceptors and treatment works in the metropolitan disposal system,
and the allocation of costs therefor. Members of the advisory committee serve without
compensation but must be reimbursed for their reasonable expenses as determined by
the council.
Sec. 4.
Minnesota Statutes 2010, section 473.519, is amended to read:
473.519 1972 U.S. WATER POLLUTION CONTROL ACT: USE CHARGE
SHARES.
Each local government unit shall adopt a system of charges for the use and
availability of the metropolitan disposal system which will assure that each recipient of
waste treatment services within or served by the unit will pay its proportionate share of
the costs allocated to the unit by the council under section 473.517, as required by the
federal Water Pollution Control Act amendments of 1972, and any regulations issued
pursuant thereto. Each system of charges deleted text begin shall be adopted as soon as possible anddeleted text end shall be
submitted to the councilnew text begin if requested by the councilnew text end . deleted text begin The council shall review each system
of charges to determine whether it complies with the federal law and regulations. If it
determines that a system of charges does not comply, the adopting unit shall be notified
and shall change its system to comply, and shall submit the changes to the council for
review. All subsequent changes in a system of charges proposed by a local government
unit shall also be submitted to the council for review.
deleted text end
Sec. 5.
Minnesota Statutes 2010, section 473.523, subdivision 1, is amended to read:
Subdivision 1.
In section 471.345.
All contracts for construction work, or for the
purchase of materials, supplies, or equipment relating to the metropolitan disposal system
shall be made as provided in section 471.345, subdivisions 3 to 6. Contracts subject to
section 471.345, subdivision 3, shall be made by the council by publishing once in a legal
newspaper or trade paper published in a city of the first class not less than two weeks
before the last day for submission of bids, notice that bids or proposals will be received.
Such notice shall state the nature of the work or purchase and the terms and conditions
upon which the contract is to be awarded, and a time and place where such bids will be
received, opened, and read publicly. After such bids have been duly received, opened,
read publicly, and recorded, the council shall award such contract to the lowest responsible
bidder or it may reject all bids and readvertise. Each contract shall be duly executed
in writing and the party to whom the contract is awarded shall give sufficient bond or
security to the deleted text begin boarddeleted text end new text begin councilnew text end for the faithful performance of the contract as required by
law. The council shall have the right to set qualifications and specifications and to require
bids to meet all such qualifications and specifications before being accepted. If the council
by an affirmative vote of two-thirds of its members declares that an emergency exists
requiring the immediate purchase of materials or supplies at a cost in excess of the amount
specified in section 471.345, subdivision 3, or in making emergency repairs, it shall not be
necessary to advertise for bids.
Sec. 6.
Minnesota Statutes 2010, section 473.541, subdivision 2, is amended to read:
Subd. 2.
Emergency certificates.
If in any budget year the receipts of tax and other
revenues should from some unforeseen cause become insufficient to pay the council's
current wastewater deleted text begin controldeleted text end new text begin servicesnew text end expenses, or if any calamity or other public emergency
should subject it to the necessity of making extraordinary wastewater deleted text begin controldeleted text end new text begin servicesnew text end
expenditures, the council may make an emergency appropriation of an amount sufficient to
meet the deficiency and may authorize the issuance, negotiation, and sale of certificates of
indebtedness in this amount in the same manner and upon the same conditions as provided
in subdivision 1deleted text begin , except thatdeleted text end new text begin .new text end The council deleted text begin shall forthwithdeleted text end new text begin maynew text end levy on all taxable property
in the metropolitan area a tax sufficient to pay the certificates and interest thereon, and
shall appropriate all collections of such tax to a special fund created for that purpose.
The certificates may mature not later than April in the year following the year in which
deleted text begin thedeleted text end new text begin any leviednew text end tax is collectible.
Sec. 7.
Minnesota Statutes 2010, section 473.543, subdivision 1, is amended to read:
Subdivision 1.
Disposed of as budgeted; pledges.
All moneys from wastewater
deleted text begin controldeleted text end new text begin servicesnew text end operations received by the council shall be deposited or invested by
the treasurer and disposed of as the council may direct in accordance with its deleted text begin waste
controldeleted text end new text begin wastewater servicesnew text end budget; provided that any moneys that have been pledged or
dedicated by the Metropolitan Council to the payment of obligations or interest thereon or
expenses incident thereto, or for any other specific purpose authorized by law, shall be
paid by the treasurer into the fund to which they have been pledged.
Sec. 8. new text begin APPLICATION.
new text end
new text begin
Sections 1 to 7 apply in the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end
Sec. 9. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 8 are effective the day following final enactment.
new text end