SF 2943

2nd Engrossment - 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 star lake or
river 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 Star Lake Board finds that the lake association is not fulfilling the
requirements of this section or of the star 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 star 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 a water quality monitoring program under section 115.06,
subdivision 4, or other programs meeting Pollution Control Agency standards; and
new text end

new text begin (4) meet at least annually to review the plan and notify appropriate state agencies
and local government units in the development and monitoring of the star lake or river
management plan.
new text end

new text begin Subd. 4. new text end

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

new text begin (a) A star lake or river management
plan must contain a baseline of the current condition of the lake or river based on scientific
information, 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, where
appropriate;
new text end

new text begin (2) increases in native vegetation on the shoreline areas of the lake or river, where
appropriate;
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) how the association will work with state agencies and local government units to
identify water pollution sources and impairments;
new text end

new text begin (6) how the association will assist state and local programs to generate data needed
by state agencies and local government units in an appropriate format;
new text end

new text begin (7) promoting compliance with adopted shoreland zoning standards and shoreland
best management practices;
new text end

new text begin (8) how the lake association will assure its involvement in public input opportunities
for various local comprehensive and project-specific planning and zoning processes;
new text end

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

new text begin (10) other activities that will coordinate with or enhance other state and local water
management efforts.
new text end

new text begin (b) The star 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 shall be 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 and sustain the designation of Minnesota star lakes or rivers. The
board may assist lake associations with finding appropriate technical and financial
assistance and make recommendations to state agencies and local government units
regarding the manner in which technical or financial assistance can be most effectively
delivered. To the extent that money is available, the board may secure, provide, or
recommend financial assistance to meet specific needs of lake associations, for:
new text end

new text begin (1) completing a star 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, chosen by the other board members with regard to obtaining
representation from a variety of types of lakes and rivers within the state, who are from
lake associations representing designated star lakes or rivers, or until July 1, 2011, are
eligible to achieve star lake or river designation;
new text end

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

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

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

new text begin (7) one member designated by the Association of Minnesota Counties;
new text end

new text begin (8) one member designated by the Minnesota Inter-County Association; and
new text end

new text begin (9) one member designated by the League of Minnesota Cities.
new text end

new text begin (d) By January 15 of each odd-numbered year, the board shall submit a report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over environment policy and finance 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; contracts. new text end

new text begin The board may hire staff or enter into contracts to carry
out the activities of the 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 necessary
to carry out its responsibilities. The board shall provide for and pay the cost of an
independent 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 request the Department of Transportation to erect star lake or river signs pursuant
to section 161.139. One sign may be erected at each approach to a lake or river within
the right-of-way of an interstate or other highway that passes over a lake or river in the
Department of Transportation's eight-county metropolitan district or near or over a lake or
river in greater Minnesota.
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 by the Department of Transportation
pursuant to section 161.139.
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 FIRST MEETING; DEADLINE FOR APPOINTMENTS.
new text end

new text begin The appointing authorities named in Minnesota Statutes, section 103B.702, must
complete their appointments to the Star Lake Board by August 1, 2008, with the exception
of the appointments required under Minnesota Statutes, section 103B.702, subdivision 1,
paragraph (c), clause (3), which must be completed within 30 days of the first meeting of
the board. The board member designated by the commissioner of natural resources must
convene the first meeting of the board no later than September 1, 2008.
new text end

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2009 from the general fund to the Board of Water
and Soil Resources for a grant to the Star Lake Board established in Minnesota Statutes,
section 103B.701.
new text end