SF 2943

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

A bill for an act
relating to natural resources; providing a process for designating star lakes
or rivers; creating a Star Lake Board as a nonprofit corporation; allowing for
the placement of star lake or river signs on highways; appropriating money;
proposing coding for new law in Minnesota Statutes, chapters 103B; 173.

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

Section 1.

new text begin [103B.701] STAR LAKES.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, the term "lake
association" means an organized association for the purpose of addressing issues on a
specific lake or river, a lake improvement district, or a lake conservation district.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin (a) A lake association may apply to the Star Lake Board for
designation as a star lake or river. The applicant must include a copy of a comprehensive
management plan for the lake or river.
new text end

new text begin (b) After review of the application, the Star Lake Board shall determine whether
designation as a star lake or river will be granted. The designation as a star lake or river
becomes effective the day following designation by the board. The board shall publish the
decision on a star lake or river designation in the State Register, including the effective
date of the designation.
new text end

new text begin (c) The star lake or river designation is effective until the earlier of:
new text end

new text begin (1) five years after the date of designation; or
new text end

new text begin (2) when the board finds that the lake association is not fulfilling the requirements of
this section or of the comprehensive lake or river management plan submitted.
new text end

new text begin (d) Within six months before the expiration date of the designation as a star lake
or river, a lake association may apply to continue the star lake or river designation under
this section.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin A lake association applying for designation as a star lake
or river must:
new text end

new text begin (1) develop and update a comprehensive lake or river management plan as provided
in subdivision 4;
new text end

new text begin (2) maintain a membership or participation of at least 50 percent of the private
shoreland owners;
new text end

new text begin (3) participate in the Pollution Control Agency's citizen water quality monitoring
program under section 115.06, subdivision 4; and
new text end

new text begin (4) meet at least annually with staff from the Department of Natural Resources and
other appropriate state agencies in the development and monitoring of the comprehensive
lake or river management plan.
new text end

new text begin Subd. 4. new text end

new text begin Comprehensive lake or river management plan. new text end

new text begin (a) A comprehensive
lake or river management plan must contain a self-assessment of the current condition of
the lake or river and plans for addressing the following issues:
new text end

new text begin (1) increases in native vegetation in the littoral area of the lake or river;
new text end

new text begin (2) increases in native vegetation on the shoreline areas of the lake or river;
new text end

new text begin (3) prevention, reduction, or elimination of aquatic invasive species in the lake
or river;
new text end

new text begin (4) increasing or maintaining a healthy diverse fishery that is appropriate for the
lake or river;
new text end

new text begin (5) water pollution sources and methods to reduce pollution, including pollution
sources within the watershed of the lake or river;
new text end

new text begin (6) identified water impairment issues, when feasible;
new text end

new text begin (7) compliance with adopted shoreland zoning standards;
new text end

new text begin (8) how the lake association will interact with local government units on large
development proposals, zoning, and long-range planning issues that affect development
on the lake or river; and
new text end

new text begin (9) education opportunities for shoreland owners and other entities that conduct
activities affecting the quality of the lake or river.
new text end

new text begin (b) The comprehensive lake or river management plan shall be updated within five
years of adoption by the lake association.
new text end

new text begin Subd. 5. new text end

new text begin State resources. new text end

new text begin State agencies may consider star lake or river designation
in determining the allocation of financial and staff resources.
new text end

Sec. 2.

new text begin [103B.702] STAR LAKE BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin (a) The Star Lake Board is established as a nonprofit
corporation under section 501(c)(3) of the Internal Revenue Code of 1986, as amended.
The Star Lake Board shall promote and designate star lakes and rivers in Minnesota
under section 103B.701.
new text end

new text begin (b) The board must work with private and public entities to leverage the resources
available to achieve maximum results for Minnesota star lakes or rivers. The board may
assist lake associations with finding appropriate technical and financial assistance that is
available and make recommendations to state agencies regarding the manner in which
technical or financial assistance can be most effectively delivered. To the extent that
money is available, the board may provide direct financial assistance to meet specific
needs of lake associations, when financial assistance is not otherwise available, for:
new text end

new text begin (1) completing a comprehensive lake or river management plan when the lake
association does not have an existing management plan and the association is committed
to the goals of a plan, as specified in section 103B.701, subdivision 4; and
new text end

new text begin (2) addressing specific issues of the lake or river to achieve or maintain the goals
of the lake or river management plan for lake associations that have achieved a star lake
or river designation.
new text end

new text begin (c) The board shall consist of:
new text end

new text begin (1) one member designated by Minnesota Waters;
new text end

new text begin (2) one member designated by the North Central Lakes Collaborative;
new text end

new text begin (3) five members, randomly chosen by the other board members, who are from lake
associations representing designated star lakes or rivers, or until July 1, 2011, are in the
process of achieving star lake or river designation;
new text end

new text begin (4) one member from the Department of Natural Resources designated by the
commissioner of natural resources;
new text end

new text begin (5) one member from the Pollution Control Agency designated by the commissioner
of the Pollution Control Agency;
new text end

new text begin (6) one member from the Board of Water and Soil Resources designated by the
executive director of the Board of Water and Soil Resources;
new text end

new text begin (7) one member appointed by the chair of the senate Environment and Natural
Resources Policy Committee;
new text end

new text begin (8) one member appointed by the chair of the house of representatives Environment
and Natural Resources Policy Committee; and
new text end

new text begin (9) one member appointed by the governor.
new text end

new text begin (d) By December 1 of each even-numbered year, the board shall submit a report to
the legislature on the activities for which money has been or will be spent for the current
biennium, the applications for designation, and the star lakes or rivers designated by
the board.
new text end

new text begin Subd. 2. new text end

new text begin Conflict of interest. new text end

new text begin A board member may not participate in or vote on a
decision of the board relating to an organization in which the member has either a direct
or indirect personal financial interest. While serving on the Star Lake Board, a member
shall avoid any potential conflict of interest.
new text end

new text begin Subd. 3. new text end

new text begin Staff. new text end

new text begin The board shall hire staff to carry out the activities of the board.
Persons employed by the Star Lake Board are not state employees. Persons employed by
the board may participate in state retirement, deferred compensation, insurance, or other
plans that apply to state employees generally and are subject to regulation by the state
Campaign Finance and Public Disclosure Board.
new text end

new text begin Subd. 4. new text end

new text begin Bylaws. new text end

new text begin The board shall adopt bylaws necessary for the conduct of the
business of the board consistent with this section. The corporation must publish bylaws
and amendments to the bylaws in the State Register.
new text end

new text begin Subd. 5. new text end

new text begin Place of business. new text end

new text begin The board shall locate and maintain the board's place of
business within the state.
new text end

new text begin Subd. 6. new text end

new text begin Chair. new text end

new text begin The board shall annually elect from among its members a chair and
other officers necessary for the performance of its duties.
new text end

new text begin Subd. 7. new text end

new text begin Meetings. new text end

new text begin The board shall meet at least twice each year and may hold
additional meetings upon giving notice in accordance with the bylaws of the board. Board
meetings are subject to chapter 13D.
new text end

new text begin Subd. 8. new text end

new text begin Funds. new text end

new text begin The board may accept and use gifts, grants, or contributions from
any source. Unless otherwise restricted by the terms of a gift or bequest, the board may
sell, exchange, or otherwise dispose of and invest or reinvest the money, securities, or other
property given or bequested to it. The principal of these funds, the income from them, and
all other revenues received by the board from any nonstate source must be placed in the
depositories the board determines and is subject to expenditure for the board's purposes.
new text end

new text begin Subd. 9. new text end

new text begin Accounts; audits. new text end

new text begin The board may establish funds and accounts that it finds
convenient. The board shall provide for and pay the cost of an independent annual audit of
its official books and records by the legislative auditor subject to sections 3.971 and 3.972.
A copy of this audit shall be filed with the secretary of state.
new text end

Sec. 3.

new text begin [173.0855] STAR LAKE OR RIVER SIGNS.
new text end

new text begin Subdivision 1. new text end

new text begin Authority to erect. new text end

new text begin (a) A county, statutory or home rule charter city,
or town of Minnesota that contains a star lake or river designated under section 103B.701
may erect star lake or river signs upon payment of a fee required under section 173.13,
subdivision 4, to the Department of Transportation. One sign may be erected at each
approach to lake or river access areas within the right-of-way of an interstate or other
highway that passes near or over the lake or river.
new text end

new text begin (b) An official lake or river sign on the right-of-way of an interstate or other highway
may be replaced with a star lake or river sign upon payment of a fee required under section
173.13, subdivision 4, to the Department of Transportation.
new text end

new text begin Subd. 2. new text end

new text begin Sign standards. new text end

new text begin The Department of Transportation shall design and
manufacture the star lake and river signs to specifications not contrary to other federal
and state highway sign standards.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2009 from the general fund to the Star Lake
Board established in Minnesota Statutes, section 103B.701.
new text end