Bill Text: MN HF738 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Metropolitan Council miscellaneous statutory technical corrections made, and obsolete language removed and modified.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2013-05-24 - Secretary of State Chapter 101 [HF738 Detail]
Download: Minnesota-2013-HF738-Introduced.html
1.2relating to the Metropolitan Council; making miscellaneous technical corrections
1.3to statutes; removing and modifying obsolete language;amending Minnesota
1.4Statutes 2012, sections 473.157; 473.517, subdivisions 1, 6, 9; 473.519; 473.523,
1.5subdivision 1; 473.541, subdivision 2; 473.543, subdivision 1; 473.545.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 473.157, is amended to read:
1.8473.157 WATER RESOURCES PLAN.
1.9To help achieve federal and state water quality standards, provide effective water
1.10pollution control, and help reduce unnecessary investments in advanced wastewater
1.11treatment, the council shall adopt a water resources plan that includes management
1.12objectivesand target pollution loads for watersheds in the metropolitan area. The council
1.13shall recommend to the Board of Water and Soil Resources performance standards for
1.14watershed plans in the metropolitan area, including standards relating to the timing of plan
1.15revisions and proper water quality management.
1.16 Sec. 2. Minnesota Statutes 2012, section 473.517, subdivision 1, is amended to read:
1.17 Subdivision 1. Allocation method. Except as provided in subdivision 3, the
1.18estimated costs of operation, maintenance, and debt service of the metropolitan disposal
1.19system to be paid by the council in each fiscal year, and the costs of acquisition and
1.20betterment of the system which are to be paid during the year from funds other than bond
1.21proceeds, including all expenses incurred by the council pursuant to sections473.501 to
1.22473.545
, are referred to in this section as current costs, and shall be allocated among and
1.23paid by all local government units which will discharge sewage, directly or indirectly,
2.1into the metropolitan disposal system during the budget year according to an allocation
2.2method determined by the council. The allocated costs may include an amount for a
2.3reserve or contingency fund and an amount for cash flow management. The cash flow
2.4management fund so established must not exceed five percent of the council's totalwaste
2.5control wastewater services operating budget.
2.6 Sec. 3. Minnesota Statutes 2012, section 473.517, subdivision 6, is amended to read:
2.7 Subd. 6. Deferment of payments. (a) Upon request of a local government unit,
2.8the council may provide for the deferment of payment of all or part of the allocated costs
2.9that are allocated by the council to that local government unit in any year pursuant to
2.10subdivision 1, repayable at the time or times specified by the council, with interest as
2.11determined by the council. A deferment must not result in an increase to the allocated
2.12costs which are allocated by the council to other local government units in any year
2.13pursuant to subdivision 1.
2.14(b) Upon request of a local government unit, the council may provide for the
2.15deferment of payment of all or part of the allocated costs which are allocated by the
2.16council to a local government unit in any year pursuant to subdivision 3, repayable at such
2.17time or times as the council shall specify, with interest at the approximate average annual
2.18rate borne by council bonds outstanding at the time of the deferment, as determined by
2.19the council. Such deferred costs shall be allocated to and paid by all local government
2.20units in the metropolitan area which will discharge sewage, directly or indirectly, into the
2.21metropolitan disposal system in the budget year for which the deferment is granted, in the
2.22same manner and proportions as costs are allocated under subdivision 1.
2.23 Sec. 4. Minnesota Statutes 2012, section 473.517, subdivision 9, is amended to read:
2.24 Subd. 9. Advisory committees. The council may establish and appoint persons to
2.25advisory committees to assist the council in the performance of its wastewatercontrol
2.26 services duties. If established, the advisory committees shall meet with the council
2.27to consult with such members concerning the acquisition, betterment, operation and
2.28maintenance of interceptors and treatment works in the metropolitan disposal system,
2.29and the allocation of costs therefor. Members of the advisory committee serve without
2.30compensation but must be reimbursed for their reasonable expenses as determined by
2.31the council.
3.1 Sec. 5. Minnesota Statutes 2012, section 473.519, is amended to read:
3.2473.519 1972 U.S. WATER POLLUTION CONTROL ACT: USE CHARGE
3.3SHARES.
3.4Each local government unit shall adopt a system of charges for the use and
3.5availability of the metropolitan disposal system which will assure that each recipient of
3.6waste treatment services within or served by the unit will pay its proportionate share of
3.7the costs allocated to the unit by the council under section473.517 , as required by the
3.8federal Water Pollution Control Act amendments of 1972, and any regulations issued
3.9pursuant thereto. Each system of chargesshall be adopted as soon as possible and shall be
3.10submitted to the council if requested by the council.The council shall review each system
3.11of charges to determine whether it complies with the federal law and regulations. If it
3.12determines that a system of charges does not comply, the adopting unit shall be notified
3.13and shall change its system to comply, and shall submit the changes to the council for
3.14review. All subsequent changes in a system of charges proposed by a local government
3.15unit shall also be submitted to the council for review.
3.16 Sec. 6. Minnesota Statutes 2012, section 473.523, subdivision 1, is amended to read:
3.17 Subdivision 1. In section471.345 . All contracts for construction work, or for the
3.18purchase of materials, supplies, or equipment relating to the metropolitan disposal system
3.19shall be made as provided in section471.345 , subdivisions 3 to 6. Contracts subject to
3.20section471.345, subdivision 3 , shall be made by the council by publishing once in a legal
3.21newspaper or trade paper published in a city of the first class not less than two weeks
3.22before the last day for submission of bids, notice that bids or proposals will be received.
3.23Such notice shall state the nature of the work or purchase and the terms and conditions
3.24upon which the contract is to be awarded, and a time and place where such bids will be
3.25received, opened, and read publicly. After such bids have been duly received, opened,
3.26read publicly, and recorded, the council shall award such contract to the lowest responsible
3.27bidder or it may reject all bids and readvertise. Each contract shall be duly executed
3.28in writing and the party to whom the contract is awarded shall give sufficient bond or
3.29security to theboard council for the faithful performance of the contract as required by
3.30law. The council shall have the right to set qualifications and specifications and to require
3.31bids to meet all such qualifications and specifications before being accepted. If the council
3.32by an affirmative vote of two-thirds of its members declares that an emergency exists
3.33requiring the immediate purchase of materials or supplies at a cost in excess of the amount
3.34specified in section471.345, subdivision 3 , or in making emergency repairs, it shall not be
3.35necessary to advertise for bids.
4.1 Sec. 7. Minnesota Statutes 2012, section 473.541, subdivision 2, is amended to read:
4.2 Subd. 2. Emergency certificates. If in any budget year the receipts of tax and other
4.3revenues should from some unforeseen cause become insufficient to pay the council's
4.4current wastewatercontrol services expenses, or if any calamity or other public emergency
4.5should subject it to the necessity of making extraordinary wastewatercontrol services
4.6 expenditures, the council may make an emergency appropriation of an amount sufficient to
4.7meet the deficiency and may authorize the issuance, negotiation, and sale of certificates of
4.8indebtedness in this amount in the same manner and upon the same conditions as provided
4.9in subdivision 1, except that. The council shall forthwith may levy on all taxable property
4.10in the metropolitan area a tax sufficient to pay the certificates and interest thereon, and
4.11shall appropriate all collections of such tax to a special fund created for that purpose.
4.12The certificates may mature not later than April in the year following the year in which
4.13the any levied tax is collectible.
4.14 Sec. 8. Minnesota Statutes 2012, section 473.543, subdivision 1, is amended to read:
4.15 Subdivision 1. Disposed of as budgeted; pledges. All moneys from wastewater
4.16control services operations received by the council shall be deposited or invested by
4.17the treasurer and disposed of as the council may direct in accordance with itswaste
4.18control wastewater services budget; provided that any moneys that have been pledged or
4.19dedicated by the Metropolitan Council to the payment of obligations or interest thereon or
4.20expenses incident thereto, or for any other specific purpose authorized by law, shall be
4.21paid by the treasurer into the fund to which they have been pledged.
4.22 Sec. 9. Minnesota Statutes 2012, section 473.545, is amended to read:
4.23473.545 PROPERTY EXEMPT FROM TAXATION.
4.24Any properties, real or personal, owned, leased, controlled, used, or occupied by the
4.25council for any purpose referred to inMinnesota Statutes 1984, section
473.502, sections
4.26473.501 to
473.549 are declared to be acquired, owned, leased, controlled, used and
4.27occupied for public, governmental, and municipal purposes, and shall be exempt from
4.28taxation by the state or any political subdivision of the state, except to the extent that
4.29the property is subject to the sales and use tax under chapter 297A, provided that such
4.30properties shall be subject to special assessments levied by a political subdivision for a
4.31local improvement in amounts proportionate to and not exceeding the special benefit
4.32received by the properties from such improvement. No possible use of any such properties
4.33in any manner different from their use as part of the metropolitan disposal system at the
4.34time shall be considered in determining the special benefit received by such properties.
5.1All such assessments shall be subject to final confirmation by the Metropolitan Council,
5.2whose determination of the benefits shall be conclusive upon the political subdivision
5.3levying the assessment.
5.4 Sec. 10. APPLICATION.
5.5Sections 1 to 9 apply to the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
5.6Scott, and Washington.
5.7 Sec. 11. EFFECTIVE DATE.
5.8Sections 1 to 10 are effective the day following final enactment.
1.3to statutes; removing and modifying obsolete language;amending Minnesota
1.4Statutes 2012, sections 473.157; 473.517, subdivisions 1, 6, 9; 473.519; 473.523,
1.5subdivision 1; 473.541, subdivision 2; 473.543, subdivision 1; 473.545.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 473.157, is amended to read:
1.8473.157 WATER RESOURCES PLAN.
1.9To help achieve federal and state water quality standards, provide effective water
1.10pollution control, and help reduce unnecessary investments in advanced wastewater
1.11treatment, the council shall adopt a water resources plan that includes management
1.12objectives
1.13shall recommend to the Board of Water and Soil Resources performance standards for
1.14watershed plans in the metropolitan area, including standards relating to the timing of plan
1.15revisions and proper water quality management.
1.16 Sec. 2. Minnesota Statutes 2012, section 473.517, subdivision 1, is amended to read:
1.17 Subdivision 1. Allocation method. Except as provided in subdivision 3, the
1.18estimated costs of operation, maintenance, and debt service of the metropolitan disposal
1.19system to be paid by the council in each fiscal year, and the costs of acquisition and
1.20betterment of the system which are to be paid during the year from funds other than bond
1.21proceeds, including all expenses incurred by the council pursuant to sections
1.23paid by all local government units which will discharge sewage, directly or indirectly,
2.1into the metropolitan disposal system during the budget year according to an allocation
2.2method determined by the council. The allocated costs may include an amount for a
2.3reserve or contingency fund and an amount for cash flow management. The cash flow
2.4management fund so established must not exceed five percent of the council's total
2.5
2.6 Sec. 3. Minnesota Statutes 2012, section 473.517, subdivision 6, is amended to read:
2.7 Subd. 6. Deferment of payments. (a) Upon request of a local government unit,
2.8the council may provide for the deferment of payment of all or part of the allocated costs
2.9that are allocated by the council to that local government unit in any year pursuant to
2.10subdivision 1, repayable at the time or times specified by the council, with interest as
2.11determined by the council. A deferment must not result in an increase to the allocated
2.12costs which are allocated by the council to other local government units in any year
2.13pursuant to subdivision 1.
2.14(b) Upon request of a local government unit, the council may provide for the
2.15deferment of payment of all or part of the allocated costs which are allocated by the
2.16council to a local government unit in any year pursuant to subdivision 3, repayable at such
2.17time or times as the council shall specify, with interest at the approximate average annual
2.18rate borne by council bonds outstanding at the time of the deferment, as determined by
2.19the council. Such deferred costs shall be allocated to and paid by all local government
2.20units in the metropolitan area which will discharge sewage, directly or indirectly, into the
2.21metropolitan disposal system in the budget year for which the deferment is granted, in the
2.22same manner and proportions as costs are allocated under subdivision 1.
2.23 Sec. 4. Minnesota Statutes 2012, section 473.517, subdivision 9, is amended to read:
2.24 Subd. 9. Advisory committees. The council may establish and appoint persons to
2.25advisory committees to assist the council in the performance of its wastewater
2.26 services duties. If established, the advisory committees shall meet with the council
2.27to consult with such members concerning the acquisition, betterment, operation and
2.28maintenance of interceptors and treatment works in the metropolitan disposal system,
2.29and the allocation of costs therefor. Members of the advisory committee serve without
2.30compensation but must be reimbursed for their reasonable expenses as determined by
2.31the council.
3.1 Sec. 5. Minnesota Statutes 2012, section 473.519, is amended to read:
3.2473.519 1972 U.S. WATER POLLUTION CONTROL ACT: USE CHARGE
3.3SHARES.
3.4Each local government unit shall adopt a system of charges for the use and
3.5availability of the metropolitan disposal system which will assure that each recipient of
3.6waste treatment services within or served by the unit will pay its proportionate share of
3.7the costs allocated to the unit by the council under section
3.8federal Water Pollution Control Act amendments of 1972, and any regulations issued
3.9pursuant thereto. Each system of charges
3.10submitted to the council if requested by the council.
3.11
3.12
3.13
3.14
3.15
3.16 Sec. 6. Minnesota Statutes 2012, section 473.523, subdivision 1, is amended to read:
3.17 Subdivision 1. In section
3.18purchase of materials, supplies, or equipment relating to the metropolitan disposal system
3.19shall be made as provided in section
3.20section
3.21newspaper or trade paper published in a city of the first class not less than two weeks
3.22before the last day for submission of bids, notice that bids or proposals will be received.
3.23Such notice shall state the nature of the work or purchase and the terms and conditions
3.24upon which the contract is to be awarded, and a time and place where such bids will be
3.25received, opened, and read publicly. After such bids have been duly received, opened,
3.26read publicly, and recorded, the council shall award such contract to the lowest responsible
3.27bidder or it may reject all bids and readvertise. Each contract shall be duly executed
3.28in writing and the party to whom the contract is awarded shall give sufficient bond or
3.29security to the
3.30law. The council shall have the right to set qualifications and specifications and to require
3.31bids to meet all such qualifications and specifications before being accepted. If the council
3.32by an affirmative vote of two-thirds of its members declares that an emergency exists
3.33requiring the immediate purchase of materials or supplies at a cost in excess of the amount
3.34specified in section
3.35necessary to advertise for bids.
4.1 Sec. 7. Minnesota Statutes 2012, section 473.541, subdivision 2, is amended to read:
4.2 Subd. 2. Emergency certificates. If in any budget year the receipts of tax and other
4.3revenues should from some unforeseen cause become insufficient to pay the council's
4.4current wastewater
4.5should subject it to the necessity of making extraordinary wastewater
4.6 expenditures, the council may make an emergency appropriation of an amount sufficient to
4.7meet the deficiency and may authorize the issuance, negotiation, and sale of certificates of
4.8indebtedness in this amount in the same manner and upon the same conditions as provided
4.9in subdivision 1
4.10in the metropolitan area a tax sufficient to pay the certificates and interest thereon, and
4.11shall appropriate all collections of such tax to a special fund created for that purpose.
4.12The certificates may mature not later than April in the year following the year in which
4.13
4.14 Sec. 8. Minnesota Statutes 2012, section 473.543, subdivision 1, is amended to read:
4.15 Subdivision 1. Disposed of as budgeted; pledges. All moneys from wastewater
4.16
4.17the treasurer and disposed of as the council may direct in accordance with its
4.18
4.19dedicated by the Metropolitan Council to the payment of obligations or interest thereon or
4.20expenses incident thereto, or for any other specific purpose authorized by law, shall be
4.21paid by the treasurer into the fund to which they have been pledged.
4.22 Sec. 9. Minnesota Statutes 2012, section 473.545, is amended to read:
4.23473.545 PROPERTY EXEMPT FROM TAXATION.
4.24Any properties, real or personal, owned, leased, controlled, used, or occupied by the
4.25council for any purpose referred to in
4.26
4.27occupied for public, governmental, and municipal purposes, and shall be exempt from
4.28taxation by the state or any political subdivision of the state, except to the extent that
4.29the property is subject to the sales and use tax under chapter 297A, provided that such
4.30properties shall be subject to special assessments levied by a political subdivision for a
4.31local improvement in amounts proportionate to and not exceeding the special benefit
4.32received by the properties from such improvement. No possible use of any such properties
4.33in any manner different from their use as part of the metropolitan disposal system at the
4.34time shall be considered in determining the special benefit received by such properties.
5.1All such assessments shall be subject to final confirmation by the Metropolitan Council,
5.2whose determination of the benefits shall be conclusive upon the political subdivision
5.3levying the assessment.
5.4 Sec. 10. APPLICATION.
5.5Sections 1 to 9 apply to the counties of Anoka, Carver, Dakota, Hennepin, Ramsey,
5.6Scott, and Washington.
5.7 Sec. 11. EFFECTIVE DATE.
5.8Sections 1 to 10 are effective the day following final enactment.
