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HF 738

as introduced - 88th Legislature (2013 - 2014) Posted on 04/24/2013 10:17pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/20/2013

Current Version - as introduced

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A bill for an act
relating to the Metropolitan Council; making miscellaneous technical corrections
to statutes; removing and modifying obsolete language; amending Minnesota
Statutes 2012, sections 473.157; 473.517, subdivisions 1, 6, 9; 473.519; 473.523,
subdivision 1; 473.541, subdivision 2; 473.543, subdivision 1; 473.545.

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

Section 1.

Minnesota Statutes 2012, 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 beginand 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 2012, 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 beginwaste
control
deleted text endnew text begin wastewater servicesnew text end operating budget.

Sec. 3.

Minnesota Statutes 2012, section 473.517, subdivision 6, is amended to read:


Subd. 6.

Deferment of payments.

new text begin (a) Upon request of a local government unit,
the council may provide for the deferment of payment of all or part of the allocated costs
that are allocated by the council to that local government unit in any year pursuant to
subdivision 1, repayable at the time or times specified by the council, with interest as
determined by the council. A deferment must not result in an increase to the allocated
costs which are allocated by the council to other local government units in any year
pursuant to subdivision 1.
new text end

new text begin (b) Upon request of a local government unit, new text endthe council may provide for the
deferment of payment of all or part of the allocated costs which are allocated by the
council to a local government unit in any year pursuant to subdivision 3, repayable at such
time or times as the council shall specify, with interest at the approximate average annual
rate borne by council bonds outstanding at the time of the deferment, as determined by
the council. Such deferred costs shall be allocated to and paid by all local government
units in the metropolitan area which will discharge sewage, directly or indirectly, into the
metropolitan disposal system in the budget year for which the deferment is granted, in the
same manner and proportions as costs are allocated under subdivision 1.

Sec. 4.

Minnesota Statutes 2012, 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 begincontrol
deleted text endnew 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. 5.

Minnesota Statutes 2012, 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 beginshall 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 beginThe 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. 6.

Minnesota Statutes 2012, 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 beginboarddeleted text endnew 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. 7.

Minnesota Statutes 2012, 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 begincontroldeleted text endnew 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 begincontroldeleted text endnew text begin services
new 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 endnew text begin.new text end The council deleted text beginshall forthwithdeleted text endnew 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 beginthedeleted text endnew text begin any leviednew text end tax is collectible.

Sec. 8.

Minnesota Statutes 2012, section 473.543, subdivision 1, is amended to read:


Subdivision 1.

Disposed of as budgeted; pledges.

All moneys from wastewater
deleted text begincontroldeleted text endnew 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 beginwaste
control
deleted text endnew 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. 9.

Minnesota Statutes 2012, section 473.545, is amended to read:


473.545 PROPERTY EXEMPT FROM TAXATION.

Any properties, real or personal, owned, leased, controlled, used, or occupied by the
council for any purpose referred to in deleted text beginMinnesota Statutes 1984, section 473.502,deleted text endnew text begin sections
473.501 to 473.549
new text end are declared to be acquired, owned, leased, controlled, used and
occupied for public, governmental, and municipal purposes, and shall be exempt from
taxation by the state or any political subdivision of the state, except to the extent that
the property is subject to the sales and use tax under chapter 297A, provided that such
properties shall be subject to special assessments levied by a political subdivision for a
local improvement in amounts proportionate to and not exceeding the special benefit
received by the properties from such improvement. No possible use of any such properties
in any manner different from their use as part of the metropolitan disposal system at the
time shall be considered in determining the special benefit received by such properties.
All such assessments shall be subject to final confirmation by the Metropolitan Council,
whose determination of the benefits shall be conclusive upon the political subdivision
levying the assessment.

Sec. 10. new text beginAPPLICATION.
new text end

new text begin Sections 1 to 9 apply to the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
Scott, and Washington.
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 10 are effective the day following final enactment.
new text end