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SF 3023

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to governmental operations; establishing timelines for agency action
on certain environmental permits; authorizing a watershed district to own and
operate a dredge material site and exercise certain powers; authorizing certain
fees and covenants; amending Minnesota Statutes 2004, section 15.99.

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

Section 1.

Minnesota Statutes 2004, section 15.99, is amended to read:


15.99 TIME DEADLINE FOR AGENCY ACTION.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms
shall have the meanings given.

(b) "Agency" means a department, agency, board, commission, or other group in
the executive branch of state government; a statutory or home rule charter city, county,
town, or school district; any metropolitan agency or regional entity; and any other political
subdivision of the state.

(c) "Request" means a written application related to zoning, septic systems,
new text begin watershed district review, soil and water conservation district review, new text endor the expansion of
the metropolitan urban service area, for a permit, license, or other governmental approval
of an action. A request must be submitted in writing to the agency on an application form
provided by the agency, if one exists. The agency may reject as incomplete a request not
on a form of the agency if the request does not include information required by the agency.
A request not on a form of the agency must clearly identify on the first page the specific
permit, license, or other governmental approval being sought. No request shall be deemed
made if not in compliance with this paragraph.

(d) "Applicant" means a person submitting a request under this section. An applicant
may designate a person to act on the applicant's behalf regarding a request under this
section and any action taken by or notice given to the applicant's designee related to the
request shall be deemed taken by or given to the applicant.

Subd. 2.

Deadline for response.

(a) Except as otherwise provided in this section,
section 462.358, subdivision 3b, or chapter 505, and notwithstanding any other law to
the contrary, an agency must approve or deny within 60 days a written request relating
to zoning, septic systems, new text beginwatershed district review, soil and water conservation district
review,
new text endor expansion of the metropolitan urban service area for a permit, license, or other
governmental approval of an action. Failure of an agency to deny a request within 60 days
is approval of the request. If an agency denies the request, it must state in writing the
reasons for the denial at the time that it denies the request.

(b) When a vote on a resolution or properly made motion to approve a request fails
for any reason, the failure shall constitute a denial of the request provided that those voting
against the motion state on the record the reasons why they oppose the request. A denial
of a request because of a failure to approve a resolution or motion does not preclude an
immediate submission of a same or similar request.

(c) Except as provided in paragraph (b), if an agency, other than a multimember
governing body, denies the request, it must state in writing the reasons for the denial at the
time that it denies the request. If a multimember governing body denies a request, it must
state the reasons for denial on the record and provide the applicant in writing a statement
of the reasons for the denial. If the written statement is not adopted at the same time as
the denial, it must be adopted at the next meeting following the denial of the request but
before the expiration of the time allowed for making a decision under this section. The
written statement must be consistent with the reasons stated in the record at the time of the
denial. The written statement must be provided to the applicant upon adoption.

Subd. 3.

Application; extensions.

(a) The time limit in subdivision 2 begins upon
the agency's receipt of a written request containing all information required by law or by
a previously adopted rule, ordinance, or policy of the agency, including the applicable
application fee. If an agency receives a written request that does not contain all required
information, the 60-day limit starts over only if the agency sends written notice within 15
business days of receipt of the request telling the requester what information is missing.

(b) If a request relating to zoning, septic systems, new text beginwatershed district review, soil and
water conservation district review,
new text endor expansion of the metropolitan urban service area
requires the approval of more than one state agency in the executive branch, the 60-day
period in subdivision 2 begins to run for all executive branch agencies on the day a request
containing all required information is received by one state agency. The agency receiving
the request must forward copies to other state agencies whose approval is required.

(c) An agency response meets the 60-day time limit if the agency can document that
the response was sent within 60 days of receipt of the written request.

(d) The time limit in subdivision 2 is extended if a state statute, federal law, or court
order requires a process to occur before the agency acts on the request, and the time
periods prescribed in the state statute, federal law, or court order make it impossible to
act on the request within 60 days. In cases described in this paragraph, the deadline is
extended to 60 days after completion of the last process required in the applicable statute,
law, or order. Final approval of an agency receiving a request is not considered a process
for purposes of this paragraph.

(e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state
agency requires prior approval of a federal agency; or (2) an application submitted to
a city, county, town, school district, metropolitan or regional entity, or other political
subdivision requires prior approval of a state or federal agency. In cases described in
this paragraph, the deadline for agency action is extended to 60 days after the required
prior approval is granted.

(f) An agency may extend the time limit in subdivision 2 before the end of the
initial 60-day period by providing written notice of the extension to the applicant. The
notification must state the reasons for the extension and its anticipated length, which may
not exceed 60 days unless approved by the applicant.

(g) An applicant may by written notice to the agency request an extension of the
time limit under this section.

Sec. 2. new text beginLOWER MINNESOTA RIVER WATERSHED DISTRICT; AUTHORITY
TO ACQUIRE, MAINTAIN, OPERATE, IMPROVE, AND ENLARGE DREDGE
MATERIAL SITE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in this subdivision apply to this act:
new text end

new text begin (1) "district" means the Lower Minnesota River Watershed District, a district
established under Minnesota Statutes, chapter 103D;
new text end

new text begin (2) "governing body" means the managers of the district as defined in Minnesota
Statutes, section 103D.011, subdivision 15; and
new text end

new text begin (3) "dredge material site" means a site at which public agencies or private customers
may deposit material from dredging activities conducted on the Minnesota River.
new text end

new text begin Subd. 2. new text end

new text begin Authorization; authority to own and operate. new text end

new text begin The district may own
and operate a dredge material site for its own needs, the needs of other public agencies,
the needs of private customers, or any combination of these. The district may acquire,
construct, and install all facilities needed for that purpose and may lease, purchase, or
acquire by exercise of the power of eminent domain any existing properties so needed.
The district may sell the dredge material to any person or entity. If the governing body
determines that the dredge material has no value, the district may convey the dredge
material for no consideration to any person or entity. The district may hire all personnel
the governing body deems necessary and may make all necessary rules and regulations for
the operation and maintenance of the dredge material site.
new text end

Sec. 3. new text beginAUTHORITY TO IMPOSE CHARGES.
new text end

new text begin Subdivision 1. new text end

new text begin Charges; net revenues. new text end

new text begin (a) To pay for the acquisition, maintenance,
operation, improvement, and enlargement of the dredge material site and to obtain and
comply with permits required by law for the dredge material site, the governing body may
impose charges for permitting private customers to deposit dredge material at the dredge
material site and make contracts for the charges as provided in this section.
new text end

new text begin (b) The amount of the charges imposed shall be established at the discretion of the
governing body. In determining the amount of the charges to be imposed, the governing
body may give consideration to all costs of the operation and maintenance of the dredge
material site, the costs of depreciation and replacement of structures and equipment, the
costs of improvements and enlargements, the cost of reimbursing the district for special
assessment revenues expended for the benefit of persons or entities not subject to special
assessment levies by the district, the amount of the principal and interest to become due
on obligations issued or to be issued, the costs of obtaining and complying with permits
required by law, the price charged for similar services by other providers of dredge
material sites in similar markets, and all other factors the governing body deems relevant.
new text end

new text begin (c) At its discretion, the governing body may impose a surcharge on private
customers using the dredge material site in addition to the charges allowed under
paragraph (a). The surcharge shall be for the purpose of paying for the removal of dredge
material from the dredging site if the governing body determines it necessary. If the
governing body later determines that there is no need to pay for the removal of the dredge
material from the dredge material site, the governing body shall rebate all surcharges
paid by private customers.
new text end

new text begin Subd. 2. new text end

new text begin Covenants to secure debt payments. new text end

new text begin (a) In any resolution authorizing
the issuance of either general obligation bonds or revenue bonds and pledging revenues
and other security to the payment of the debt service on the bonds, the governing body
may make covenants for the protection and benefit of the holders of the bonds as it deems
necessary or appropriate including, but without limitation, a covenant that the district will
impose and collect charges of the nature authorized by this section at the times and in the
amounts required to produce, together with any tax revenues, special assessment revenues,
or other revenues pledged to payment of the obligations, net revenues adequate to pay all
principal and interest when due on the bonds and to create and maintain reserves securing
the payment of the principal and interest when due on the bonds.
new text end

new text begin (b) The covenants made for the protection and benefit of the holders of the bonds
of the district shall be enforceable by appropriate action on the part of any holder of the
bonds or any taxpayer of the district in a court of competent jurisdiction.
new text end

Sec. 4. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 2 and 3 are effective the day following final enactment.
new text end