Bill Text: MN SF2764 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Water or wastewater treatment law privatization procedures and standards repeal; metropolitan council wastewater services responsibilities continuation authorization
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-06 - HF substituted on General Orders HF2622 [SF2764 Detail]
Download: Minnesota-2013-SF2764-Engrossed.html
1.2relating to clean water; abolishing the privatization of water or wastewater
1.3treatment law; continuing authorization for the Metropolitan Council;amending
1.4Minnesota Statutes 2012, sections 116.18, subdivision 3b; 469.153, subdivision
1.52; proposing coding for new law in Minnesota Statutes, chapter 473; repealing
1.6Minnesota Statutes 2012, sections 13.202, subdivision 10; 115.58, subdivision
1.72; 272.02, subdivision 63; 471A.01; 471A.02, subdivisions 1, 3, 4, 5, 6, 7,
1.88, 9, 10, 11, 12, 13, 14, 16; 471A.03; 471A.05; 471A.06; 471A.08; 471A.09;
1.9471A.10; 471A.11; 471A.12.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2012, section 116.18, subdivision 3b, is amended to read:
1.12 Subd. 3b. Capital cost component grant. (a) The definitions of "capital cost
1.13component," "capital cost component grant," "service fee," "service contract," and "private
1.14vendor" in Minnesota Statutes 2012, section471A.02, apply to this subdivision.
1.15(b) Beginning in fiscal year 1989, up to $1,500,000 of the money to be awarded as
1.16grants under subdivision 3a in any single fiscal year may be set aside for the award of
1.17capital cost component grants to municipalities on the municipal needs list for part of the
1.18capital cost component of the service fee under a service contract for a term of at least
1.1920 years with a private vendor for the purpose of constructing and operating wastewater
1.20treatment facilities.
1.21(c) The amount granted to a municipality shall be 50 percent of the average total
1.22eligible costs of municipalities of similar size recently awarded state and federal grants
1.23under the provisions of subdivisions 2a and 3a and the Federal Water Pollution Control
1.24Act, United States Code, title 33, sections 1281 to 1299. Federal and state eligibility
1.25requirements for determining the amount of grant dollars to be awarded to a municipality
1.26are not applicable to municipalities awarded capital cost component grants. Federal and
2.1state eligibility requirements for determining which cities qualify for state and federal
2.2grants are applicable, except as provided in this subdivision.
2.3(d) Except as provided in this subdivision, municipalities receiving capital cost
2.4component grants shall not be required to comply with federal and state regulations
2.5regarding facilities planning and procurement contained in sections116.16 to
116.18 ,
2.6except those necessary to issue a national pollutant discharge elimination system permit or
2.7state disposal system permit and those necessary to assure that the proposed facilities are
2.8reasonably capable of meeting the conditions of the permit over 20 years. The municipality
2.9and the private vendor shall be parties to the permit. Municipalities receiving capital cost
2.10component grants may also be exempted by rules of the agency from other state and federal
2.11regulations relating to the award of state and federal grants for wastewater treatment
2.12facilities, except those necessary to protect the state from fraud or misuse of state funds.
2.13(e) Funds shall be distributed from the set-aside to municipalities that apply for the
2.14funds in accordance with these provisions in the order of their ranking on the municipal
2.15needs list.
2.16(f) The authority shall award capital cost component grants to municipalities selected
2.17by the state pollution control commissioner upon certification by the state pollution control
2.18commissioner that the municipalities' projects and applications have been reviewed and
2.19approved in accordance with this subdivision and agency rules adopted under paragraph (g).
2.20(g) The agency shall adopt permanent rules to provide for the administration of
2.21grants awarded under this subdivision.
2.22(h) The commissioner of employment and economic development may adopt
2.23rules containing procedures for administration of the authority's duties as set forth in
2.24paragraph (f).
2.25 Sec. 2. Minnesota Statutes 2012, section 469.153, subdivision 2, is amended to read:
2.26 Subd. 2. Project. (a) "Project" means (1) any properties, real or personal, used
2.27or useful in connection with a revenue producing enterprise, or any combination of
2.28two or more such enterprises engaged or to be engaged in generating, transmitting, or
2.29distributing electricity, assembling, fabricating, manufacturing, mixing, processing,
2.30storing, warehousing, or distributing any products of agriculture, forestry, mining, or
2.31manufacture, or in research and development activity in this field, or in the manufacturing,
2.32creation, or production of intangible property, including any patent, copyright, formula,
2.33process, design, know-how, format, or other similar item; (2) any properties, real or
2.34personal, used or useful in the abatement or control of noise, air, or water pollution, or in
2.35the disposal of solid wastes, in connection with a revenue producing enterprise, or any
3.1combination of two or more such enterprises engaged or to be engaged in any business
3.2or industry; (3) any properties, real or personal, used or useful in connection with the
3.3business of telephonic communications, conducted or to be conducted by a telephone
3.4company, including toll lines, poles, cables, switching, and other electronic equipment
3.5and administrative, data processing, garage, and research and development facilities;
3.6(4) any properties, real or personal, used or useful in connection with a district heating
3.7system, consisting of the use of one or more energy conversion facilities to produce hot
3.8water or steam for distribution to homes and businesses, including cogeneration facilities,
3.9distribution lines, service facilities, and retrofit facilities for modifying the user's heating
3.10or water system to use the heat energy converted from the steam or hot water.
3.11(b) "Project" also includes any properties, real or personal, used or useful in
3.12connection with a revenue producing enterprise, or any combination of two or more
3.13such enterprises engaged in any business.
3.14(c) "Project" also includes any properties, real or personal, used or useful for the
3.15promotion of tourism in the state. Properties may include hotels, motels, lodges, resorts,
3.16recreational facilities of the type that may be acquired under section471.191 , and related
3.17facilities.
3.18(d) "Project" also includes any properties, real or personal, used or useful in
3.19connection with a revenue producing enterprise, whether or not operated for profit,
3.20engaged in providing health care services, including hospitals, nursing homes, and related
3.21medical facilities.
3.22(e) "Project" does not include any property to be sold or to be affixed to or consumed
3.23in the production of property for sale, and does not include any housing facility to be
3.24rented or used as a permanent residence.
3.25(f) "Project" also means the activities of any revenue producing enterprise involving
3.26the construction, fabrication, sale, or leasing of equipment or products to be used in
3.27gathering, processing, generating, transmitting, or distributing solar, wind, geothermal,
3.28biomass, agricultural or forestry energy crops, or other alternative energy sources for
3.29use by any person or any residential, commercial, industrial, or governmental entity in
3.30heating, cooling, or otherwise providing energy for a facility owned or operated by that
3.31person or entity.
3.32(g) "Project" also includes any properties, real or personal, used or useful in
3.33connection with a county jail, county regional jail, community corrections facilities
3.34authorized by chapter 401, or other law enforcement facilities, the plans for which are
3.35approved by the commissioner of corrections; provided that the provisions of section
3.36469.155
, subdivisions 7 and 13, do not apply to those projects.
4.1(h) "Project" also includes any real properties used or useful in furtherance of the
4.2purpose and policy of section469.141 .
4.3(i) "Project" also includes related facilities as defined by Minnesota Statutes 2012,
4.4section471A.02, subdivision 11 .
4.5(j) "Project" also includes an undertaking to purchase the obligations of local
4.6governments located in whole or in part within the boundaries of the municipality that are
4.7issued or to be issued for public purposes.
4.8 (k) "Project" also includes any properties designated as a qualified green building
4.9and sustainable design project under section469.1655 .
4.10 Sec. 3. [473.524] CAPITAL INTENSIVE PUBLIC SERVICES.
4.11 Subdivision 1. Services continued. Notwithstanding the repeal of Minnesota
4.12Statutes 2012, sections 471A.01 to 471A.12, pursuant to 2014 S.F. No. 2764, if enacted,
4.13the council may exercise the authorities which it had prior to repeal in Minnesota Statutes
4.142012, sections 471A.02 to 471A.12, for the purposes of fulfilling its wastewater services
4.15responsibilities under sections 473.501 to 473.549.
4.16 Subd. 2. Application. This section applies to the counties of Anoka, Carver,
4.17Dakota, Hennepin, Ramsey, Scott, and Washington.
4.18EFFECTIVE DATE.This section is effective the day following final enactment.
4.19 Sec. 4. REPEALER.
4.20Minnesota Statutes 2012, sections 13.202, subdivision 10; 115.58, subdivision 2;
4.21272.02, subdivision 63; 471A.01; 471A.02, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
4.2213, 14, and 16; 471A.03; 471A.05; 471A.06; 471A.08; 471A.09; 471A.10; 471A.11;
4.23and 471A.12, are repealed.
1.3treatment law; continuing authorization for the Metropolitan Council;amending
1.4Minnesota Statutes 2012, sections 116.18, subdivision 3b; 469.153, subdivision
1.52; proposing coding for new law in Minnesota Statutes, chapter 473; repealing
1.6Minnesota Statutes 2012, sections 13.202, subdivision 10; 115.58, subdivision
1.72; 272.02, subdivision 63; 471A.01; 471A.02, subdivisions 1, 3, 4, 5, 6, 7,
1.88, 9, 10, 11, 12, 13, 14, 16; 471A.03; 471A.05; 471A.06; 471A.08; 471A.09;
1.9471A.10; 471A.11; 471A.12.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. Minnesota Statutes 2012, section 116.18, subdivision 3b, is amended to read:
1.12 Subd. 3b. Capital cost component grant. (a) The definitions of "capital cost
1.13component," "capital cost component grant," "service fee," "service contract," and "private
1.14vendor" in Minnesota Statutes 2012, section
1.15(b) Beginning in fiscal year 1989, up to $1,500,000 of the money to be awarded as
1.16grants under subdivision 3a in any single fiscal year may be set aside for the award of
1.17capital cost component grants to municipalities on the municipal needs list for part of the
1.18capital cost component of the service fee under a service contract for a term of at least
1.1920 years with a private vendor for the purpose of constructing and operating wastewater
1.20treatment facilities.
1.21(c) The amount granted to a municipality shall be 50 percent of the average total
1.22eligible costs of municipalities of similar size recently awarded state and federal grants
1.23under the provisions of subdivisions 2a and 3a and the Federal Water Pollution Control
1.24Act, United States Code, title 33, sections 1281 to 1299. Federal and state eligibility
1.25requirements for determining the amount of grant dollars to be awarded to a municipality
1.26are not applicable to municipalities awarded capital cost component grants. Federal and
2.1state eligibility requirements for determining which cities qualify for state and federal
2.2grants are applicable, except as provided in this subdivision.
2.3(d) Except as provided in this subdivision, municipalities receiving capital cost
2.4component grants shall not be required to comply with federal and state regulations
2.5regarding facilities planning and procurement contained in sections
2.6except those necessary to issue a national pollutant discharge elimination system permit or
2.7state disposal system permit and those necessary to assure that the proposed facilities are
2.8reasonably capable of meeting the conditions of the permit over 20 years. The municipality
2.9and the private vendor shall be parties to the permit. Municipalities receiving capital cost
2.10component grants may also be exempted by rules of the agency from other state and federal
2.11regulations relating to the award of state and federal grants for wastewater treatment
2.12facilities, except those necessary to protect the state from fraud or misuse of state funds.
2.13(e) Funds shall be distributed from the set-aside to municipalities that apply for the
2.14funds in accordance with these provisions in the order of their ranking on the municipal
2.15needs list.
2.16(f) The authority shall award capital cost component grants to municipalities selected
2.17by the state pollution control commissioner upon certification by the state pollution control
2.18commissioner that the municipalities' projects and applications have been reviewed and
2.19approved in accordance with this subdivision and agency rules adopted under paragraph (g).
2.20(g) The agency shall adopt permanent rules to provide for the administration of
2.21grants awarded under this subdivision.
2.22(h) The commissioner of employment and economic development may adopt
2.23rules containing procedures for administration of the authority's duties as set forth in
2.24paragraph (f).
2.25 Sec. 2. Minnesota Statutes 2012, section 469.153, subdivision 2, is amended to read:
2.26 Subd. 2. Project. (a) "Project" means (1) any properties, real or personal, used
2.27or useful in connection with a revenue producing enterprise, or any combination of
2.28two or more such enterprises engaged or to be engaged in generating, transmitting, or
2.29distributing electricity, assembling, fabricating, manufacturing, mixing, processing,
2.30storing, warehousing, or distributing any products of agriculture, forestry, mining, or
2.31manufacture, or in research and development activity in this field, or in the manufacturing,
2.32creation, or production of intangible property, including any patent, copyright, formula,
2.33process, design, know-how, format, or other similar item; (2) any properties, real or
2.34personal, used or useful in the abatement or control of noise, air, or water pollution, or in
2.35the disposal of solid wastes, in connection with a revenue producing enterprise, or any
3.1combination of two or more such enterprises engaged or to be engaged in any business
3.2or industry; (3) any properties, real or personal, used or useful in connection with the
3.3business of telephonic communications, conducted or to be conducted by a telephone
3.4company, including toll lines, poles, cables, switching, and other electronic equipment
3.5and administrative, data processing, garage, and research and development facilities;
3.6(4) any properties, real or personal, used or useful in connection with a district heating
3.7system, consisting of the use of one or more energy conversion facilities to produce hot
3.8water or steam for distribution to homes and businesses, including cogeneration facilities,
3.9distribution lines, service facilities, and retrofit facilities for modifying the user's heating
3.10or water system to use the heat energy converted from the steam or hot water.
3.11(b) "Project" also includes any properties, real or personal, used or useful in
3.12connection with a revenue producing enterprise, or any combination of two or more
3.13such enterprises engaged in any business.
3.14(c) "Project" also includes any properties, real or personal, used or useful for the
3.15promotion of tourism in the state. Properties may include hotels, motels, lodges, resorts,
3.16recreational facilities of the type that may be acquired under section
3.17facilities.
3.18(d) "Project" also includes any properties, real or personal, used or useful in
3.19connection with a revenue producing enterprise, whether or not operated for profit,
3.20engaged in providing health care services, including hospitals, nursing homes, and related
3.21medical facilities.
3.22(e) "Project" does not include any property to be sold or to be affixed to or consumed
3.23in the production of property for sale, and does not include any housing facility to be
3.24rented or used as a permanent residence.
3.25(f) "Project" also means the activities of any revenue producing enterprise involving
3.26the construction, fabrication, sale, or leasing of equipment or products to be used in
3.27gathering, processing, generating, transmitting, or distributing solar, wind, geothermal,
3.28biomass, agricultural or forestry energy crops, or other alternative energy sources for
3.29use by any person or any residential, commercial, industrial, or governmental entity in
3.30heating, cooling, or otherwise providing energy for a facility owned or operated by that
3.31person or entity.
3.32(g) "Project" also includes any properties, real or personal, used or useful in
3.33connection with a county jail, county regional jail, community corrections facilities
3.34authorized by chapter 401, or other law enforcement facilities, the plans for which are
3.35approved by the commissioner of corrections; provided that the provisions of section
4.1(h) "Project" also includes any real properties used or useful in furtherance of the
4.2purpose and policy of section
4.3(i) "Project" also includes related facilities as defined by Minnesota Statutes 2012,
4.4section
4.5(j) "Project" also includes an undertaking to purchase the obligations of local
4.6governments located in whole or in part within the boundaries of the municipality that are
4.7issued or to be issued for public purposes.
4.8 (k) "Project" also includes any properties designated as a qualified green building
4.9and sustainable design project under section
4.10 Sec. 3. [473.524] CAPITAL INTENSIVE PUBLIC SERVICES.
4.11 Subdivision 1. Services continued. Notwithstanding the repeal of Minnesota
4.12Statutes 2012, sections 471A.01 to 471A.12, pursuant to 2014 S.F. No. 2764, if enacted,
4.13the council may exercise the authorities which it had prior to repeal in Minnesota Statutes
4.142012, sections 471A.02 to 471A.12, for the purposes of fulfilling its wastewater services
4.15responsibilities under sections 473.501 to 473.549.
4.16 Subd. 2. Application. This section applies to the counties of Anoka, Carver,
4.17Dakota, Hennepin, Ramsey, Scott, and Washington.
4.18EFFECTIVE DATE.This section is effective the day following final enactment.
4.19 Sec. 4. REPEALER.
4.20Minnesota Statutes 2012, sections 13.202, subdivision 10; 115.58, subdivision 2;
4.21272.02, subdivision 63; 471A.01; 471A.02, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
4.2213, 14, and 16; 471A.03; 471A.05; 471A.06; 471A.08; 471A.09; 471A.10; 471A.11;
4.23and 471A.12, are repealed.
