Bill Text: MN HF1238 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Local ordinance requirements modified, and subsurface sewage treatment systems ordinance adoption delay extended.
Spectrum: Slight Partisan Bill (Republican 9-3)
Status: (Introduced - Dead) 2011-05-02 - Second reading [HF1238 Detail]
Download: Minnesota-2011-HF1238-Engrossed.html
1.2relating to environment; modifying local ordinance requirements; extending
1.3subsurface sewage treatment systems ordinance adoption delay;amending
1.4Minnesota Statutes 2010, section 115.55, subdivision 2; Laws 2010, chapter
1.5361, article 4, section 73.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 115.55, subdivision 2, is amended to read:
1.8 Subd. 2. Local ordinances. (a) All counties must adopt ordinances that comply
1.9with revisions to the subsurface sewage treatment system rules within two years of the
1.10final adoption by the agency unless all towns and cities in the county have adopted such
1.11ordinances. County ordinances must apply to all areas of the county other than cities or
1.12towns that have adopted ordinances that comply with this section and are as strict as
1.13the applicable county ordinances.
1.14 (b) A copy of each ordinance adopted under this subdivision must be submitted to
1.15the commissioner upon adoption.
1.16 (c) A local unit of government must make available to the public upon request a
1.17written list of any differences between its ordinances and rules adopted under this section.
1.18 Sec. 2. Laws 2010, chapter 361, article 4, section 73, is amended to read:
1.19 Sec. 73. SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE
1.20ADOPTION DELAY.
1.21(a) Notwithstanding Minnesota Statutes, section115.55, subdivision 2 , a county
1.22may adopt an ordinance by February 4,2012 2016, to comply with the February 4, 2008,
1.23revisions to subsurface sewage treatment system rules. By April 4, 2011, the Pollution
1.24Control Agency shall adopt the final rule amendments to the February 4, 2008, subsurface
2.1sewage treatment system rules. A county must continue to enforce its current ordinance
2.2until a new one has been adopted.
2.3(b) By January 15, 2011, the agency, after consultation with the Board of Water and
2.4Soil Resources and the Association of Minnesota Counties, shall report to the chairs and
2.5ranking minority members of the senate and house of representatives environment and
2.6natural resources policy and finance committees and divisions on:
2.7(1) the technical changes in the rules for subsurface sewage treatment systems
2.8that were adopted on February 4, 2008;
2.9(2) the progress in local adoption of ordinances to comply with the rules; and
2.10(3) the progress in protecting the state's water resources from pollution due to
2.11subsurface sewage treatment systems.
1.3subsurface sewage treatment systems ordinance adoption delay;amending
1.4Minnesota Statutes 2010, section 115.55, subdivision 2; Laws 2010, chapter
1.5361, article 4, section 73.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 115.55, subdivision 2, is amended to read:
1.8 Subd. 2. Local ordinances. (a) All counties must adopt ordinances that comply
1.9with revisions to the subsurface sewage treatment system rules within two years of the
1.10final adoption by the agency unless all towns and cities in the county have adopted such
1.11ordinances. County ordinances must apply to all areas of the county other than cities or
1.12towns that have adopted ordinances that comply with this section and are as strict as
1.13the applicable county ordinances.
1.14 (b) A copy of each ordinance adopted under this subdivision must be submitted to
1.15the commissioner upon adoption.
1.16 (c) A local unit of government must make available to the public upon request a
1.17written list of any differences between its ordinances and rules adopted under this section.
1.18 Sec. 2. Laws 2010, chapter 361, article 4, section 73, is amended to read:
1.19 Sec. 73. SUBSURFACE SEWAGE TREATMENT SYSTEMS ORDINANCE
1.20ADOPTION DELAY.
1.21(a) Notwithstanding Minnesota Statutes, section
1.22may adopt an ordinance by February 4,
1.23revisions to subsurface sewage treatment system rules. By April 4, 2011, the Pollution
1.24Control Agency shall adopt the final rule amendments to the February 4, 2008, subsurface
2.1sewage treatment system rules. A county must continue to enforce its current ordinance
2.2until a new one has been adopted.
2.3(b) By January 15, 2011, the agency, after consultation with the Board of Water and
2.4Soil Resources and the Association of Minnesota Counties, shall report to the chairs and
2.5ranking minority members of the senate and house of representatives environment and
2.6natural resources policy and finance committees and divisions on:
2.7(1) the technical changes in the rules for subsurface sewage treatment systems
2.8that were adopted on February 4, 2008;
2.9(2) the progress in local adoption of ordinances to comply with the rules; and
2.10(3) the progress in protecting the state's water resources from pollution due to
2.11subsurface sewage treatment systems.
