Minnesota Legislature
SF 1456
3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 06/06/2017 01:22pm
2.17 2.18
2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32
2.33 2.34 2.35 2.36 2.37 2.38 2.39 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 11.35 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 14.35 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 18.35 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 19.35 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 27.34 27.35 27.36 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26
30.27 30.28 30.29 30.30 30.31 30.32 30.33 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15
35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15
38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31
38.32 38.33 39.1 39.2
39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30
43.31 43.32 43.33
44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30
44.31 44.32
44.33 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10
46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18
50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.21 51.20 51.23 51.22 51.25 51.24 51.26 51.27 51.28
51.29 51.30 51.31 51.32 51.33 51.34 51.35 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8
52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11
53.12 53.13
53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26
54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17
54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 56.1 56.2 56.3 56.4 56.5 56.6
56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21
56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9
57.10 57.11 57.12 57.13 57.14 57.15
57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14
58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32
59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32
60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17
60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25
60.26 60.27 60.28 60.29 60.30 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18
61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2
62.3 62.4
62.5 62.6 62.7
62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24
63.25
63.26 63.27 63.28 63.29 63.30 63.31 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28
64.29
64.30 64.31 64.32 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11
65.12
65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31
65.32 65.33 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13
67.14 67.15 67.16 67.17
67.18 67.19 67.20
67.21 67.22 67.23 67.24 67.25 67.26
67.27 67.28 67.29 67.30 67.31 68.1 68.2 68.3 68.4 68.5 68.6
68.7 68.8
68.9 68.10
68.11 68.12 68.13
68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 70.33 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29
73.30
74.1 74.2 74.3
74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13
75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25
75.26 75.27 75.28 75.29 75.30 75.31 75.32 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 77.1 77.2 77.3 77.4
77.5 77.6 77.7 77.8
77.9 77.10
77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28
77.29
78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21
78.22 78.23 78.24 78.25 78.26
78.27 78.28 78.29 78.30 78.31 78.32 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29
80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 82.1 82.2 82.3 82.4 82.5 82.6
82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 83.33 83.34
84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15
84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11
86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27
87.28 87.29 87.30 87.31 87.32 87.33 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 92.32 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29
95.30 95.31 95.32 96.1 96.2 96.3 96.4 96.5
96.6 96.7 96.8 96.9 96.10 96.11
96.12 96.13 96.14 96.15 96.16 96.17
96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 97.1 97.2 97.3 97.4
97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15
97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27
97.28 97.29 97.30 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 98.33 98.34 98.35 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15
99.16
99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 99.34 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 100.34 100.35 101.1 101.2 101.3 101.4 101.5 101.6 101.7
101.8
101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26
101.27 101.28
101.29 101.30 101.31
102.1 102.2 102.3 102.4 102.5
102.6
102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29
103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9
103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21
103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27
105.28 105.29 105.30 106.1 106.2 106.3 106.4 106.5
106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20
106.21 106.22 106.23
106.24 106.25
106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25
107.26 107.27 107.28 107.29 107.30 107.31 107.32 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18
109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29
110.1 110.2 110.3 110.4 110.5 110.6
110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22
110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 111.1 111.2 111.3
111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24
111.25 111.26 111.27 111.28 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14
112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25
112.26
112.27 112.28 112.29 112.30 112.31 112.32 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11
113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10
114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8
115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26
116.27 116.28 116.29 116.30 116.31 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25
117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 118.1 118.2 118.3 118.4 118.5 118.6
118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22
118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33
119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19
119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27
119.28 119.29 119.30 119.31 119.32
120.1 120.2 120.3 120.4
120.5 120.6 120.7 120.8 120.9
120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19
121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31
122.32 122.33 122.34 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27
123.28 123.29 123.30 123.31 123.32 123.33 123.34 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14
124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 125.1 125.2
125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10
125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31
126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9
126.10 126.11 126.12 126.13
126.14 126.15 126.16 126.17 126.18 126.19
126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14
127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11
128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27
128.28 128.29 128.30 128.31 128.32
129.1 129.2 129.3 129.4 129.5 129.6
129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25
129.26 129.27 129.28 129.29 129.30 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12
130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 131.34 131.35 131.36 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10
132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16
133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26
133.27 133.28 133.29 133.30 133.31 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 135.1 135.2 135.3
135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13
135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21
135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13
136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18
137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 140.1 140.2 140.3
140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 141.1 141.2 141.3 141.4 141.5 141.6
141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16
141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26
141.27 141.28 141.29 141.30 141.31 141.32 142.1 142.2 142.3 142.4 142.5
142.6 142.7 142.8 142.9 142.10 142.11 142.12
142.13 142.14 142.15 142.16 142.17 142.18 142.19
142.20 142.21 142.22 142.23 142.24
142.25 142.26 142.27 142.28 142.29 142.30 143.1 143.2
143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29
144.30 144.31
145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33
146.1 146.2
146.3 146.4 146.5 146.6 146.7 146.8 146.9
146.10 146.11 146.12
146.13 146.14
146.15 146.16 146.17 146.18 146.19 146.20 146.21
146.22 146.23 146.24 146.25 146.26 146.27
147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9
147.10
147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30
149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15
149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16
151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24
151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 152.1 152.2 152.3 152.4 152.5
152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26
152.27 152.28 152.29 152.30 152.31 153.1 153.2
153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15
153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26
153.27
153.28 153.29 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12
154.13
154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21
154.22 154.23 154.24
154.25 154.26 154.27 154.28 154.29 154.30 154.31 154.32
155.1
155.2 155.3
155.4 155.5
155.6 155.7 155.8
155.9
155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22
155.23
155.24 155.25 155.26 155.27 155.28 155.29 155.30 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14
156.15
156.16 156.17 156.18 156.19 156.20
156.21
156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 157.1 157.2 157.3 157.4
157.5
157.6 157.7 157.8 157.9
157.10
157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25
157.26
158.1 158.2 158.3 158.4 158.5
158.6
158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14
158.15
158.16 158.17 158.18 158.19 158.20
158.21
158.22 158.23 158.24 158.25 158.26
158.27
158.28 158.29 158.30 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19
160.20 160.21 160.22
160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 162.34 163.1
163.2
163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20
163.21
163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30
164.31
165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9
166.10
166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28
167.29
168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30
169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10
169.11
169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21
169.22
169.23 169.24
169.25 169.26 169.27 169.28 169.29 169.30 169.31 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17
170.18
170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28
171.29
172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33 173.34 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 175.33 175.34 175.35 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 176.33 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8
177.9
177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24
177.25
177.26 177.27 177.28 177.29 177.30 177.31 178.1 178.2 178.3 178.4 178.5 178.6
178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18
178.19
178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30
178.31
179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 179.34 180.1 180.2 180.3 180.4
180.5
180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13
181.14
181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29
182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29
183.30
183.31 183.32 183.33 183.34 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 184.34 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16
185.17
185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32 185.33 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9
186.10
186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 186.33 186.34 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33
187.34
188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 188.33 189.1 189.2 189.3 189.4 189.5
189.6
189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14
191.15
191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33 191.34 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25
192.26
192.27 192.28 192.29 192.30 192.31 192.32 192.33 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8
193.9 193.10
193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27
193.28
194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20
195.21
195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32
196.1
196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31
196.32
197.1 197.2 197.3 197.4 197.5
197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19
197.20
197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8
198.9
198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 199.1 199.2
199.3
199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14
201.15
201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23
201.24
201.25 201.26 201.27 201.28 201.29 201.30 201.31 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24
202.25
202.26 202.27 202.28 202.29 202.30 203.1 203.2
203.3
203.4 203.5
203.6 203.7 203.8 203.9
203.10
203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20
204.21
204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 204.33 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 205.32 205.33 205.34 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9
206.10 206.11
206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25
207.26 207.27 207.28 207.29 207.30 207.31 207.32 207.33 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24
208.25 208.26 208.27 208.28 208.29 208.30 208.31 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31
210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24
211.25 211.26 211.27 211.28 211.29 211.30 211.31 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10
213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18
213.19 213.20
213.21 213.22 213.23 213.24 213.25 213.26
213.27 213.28 213.29 213.30 213.31 213.32
214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17
A bill for an act
relating to state government; appropriating money for jobs and economic
development; appropriating money for the Department of Employment and
Economic Development, Housing Finance Agency, Department of Labor and
Industry, Bureau of Mediation Services, Public Employment Relations Board,
Workers' Compensation Court of Appeals, Department of Commerce, Public
Utilities Commission, and Public Facilities Authority; making policy and
housekeeping changes to labor and industry provisions; making policy changes to
employment, economic development, and workforce development provisions;
making policy changes to the Department of Iron Range Resources and
Rehabilitation; making changes related to workers' compensation; making changes
to commerce, energy, and telecommunications policy; making other housing and
miscellaneous policy changes; modifying fees; requiring reports; authorizing
rulemaking; amending Minnesota Statutes 2016, sections 3.732, subdivision 1;
3.736, subdivision 3; 3.8851, subdivision 1; 15.01; 15.38, subdivision 7; 15A.0815,
subdivision 3; 16B.323; 43A.02, subdivision 22; 45.0135, subdivision 6; 46.131,
subdivision 7, by adding a subdivision; 65B.84, subdivision 1; 80A.61; 80A.65,
subdivision 2; 85.0146, subdivision 1; 116C.779, subdivision 1; 116C.7792;
116D.04, subdivision 1a; 116J.423, subdivision 2; 116J.424; 116J.8731, subdivision
2, by adding a subdivision; 116J.8748, subdivisions 1, 3, 4, 6; 116J.994,
subdivisions 3, 5, 7; 116L.17, subdivision 1; 116L.665; 116M.14, subdivision 4;
116M.17, subdivision 4; 116M.18, subdivisions 1a, 4, 4a, 8; 175.45; 176.135, by
adding a subdivision; 176.1362, subdivisions 1, 2; 176.275, subdivision 1; 176.285;
176.361, subdivisions 2, 3; 176.521, by adding a subdivision; 176.541, subdivisions
1, 8, by adding a subdivision; 176.611, subdivision 2; 216B.161, subdivision 1;
216B.164, subdivisions 2, 5, 9, by adding a subdivision; 216B.1691, subdivision
2f; 216B.1694, subdivisions 1, 3; 216B.241, subdivisions 1b, 1c, 1d, 2, 5, 5d, 7;
216B.2422, subdivisions 2, 4; 216B.2424, by adding a subdivision; 216B.62,
subdivision 3b; 216C.05, subdivision 2; 216C.435, by adding a subdivision;
216H.03, subdivisions 3, 4, 7; 237.162, subdivisions 2, 4, 9, by adding subdivisions;
237.163, subdivisions 2, 4, 6, 7, by adding subdivisions; 276A.01, subdivisions
8, 17; 276A.06, subdivision 8; 282.38, subdivisions 1, 3; 297I.11, subdivision 2;
298.001, subdivision 8, by adding a subdivision; 298.018, subdivision 1; 298.17;
298.22, subdivisions 1, 1a, 5a, 6, 10, 11, by adding subdivisions; 298.221; 298.2211,
subdivisions 3, 6; 298.2212; 298.223, subdivisions 1, 2; 298.227; 298.27; 298.28,
subdivisions 7, 7a, 9c, 9d, 11; 298.292, subdivision 2; 298.296; 298.2961; 298.297;
298.46, subdivisions 2, 5, 6; 325J.06; 326B.092, subdivision 7; 326B.153,
subdivision 1; 326B.37, by adding subdivisions; 326B.435, subdivision 2; 326B.50,
subdivision 3, by adding subdivisions; 326B.55, subdivisions 2, 4; 326B.89,
subdivisions 1, 5; 327C.01, by adding a subdivision; 345.42, by adding a
subdivision; 345.49; 462.355, subdivision 4; 462A.201, subdivision 2; 462A.2035;
462A.204, subdivision 8; 466.03, subdivision 6c; 469.310, subdivision 9; 474A.02,
subdivision 21; Laws 2010, chapter 389, article 5, section 7; Laws 2014, chapter
211, section 13, as amended; Laws 2014, chapter 312, article 2, section 14, as
amended; Laws 2015, First Special Session chapter 1, article 1, sections 2,
subdivision 6; 5, subdivision 2; Laws 2016, chapter 189, article 7, section 46; Laws
2017, chapter 68, article 1, section 1; proposing coding for new law in Minnesota
Statutes, chapters 72A; 116J; 175; 176; 216C; 239; 326B; 327C; 462A; 462C;
471; repealing Minnesota Statutes 2016, sections 3.8852; 46.131, subdivision 5;
116C.779, subdivision 3; 116J.549; 174.187; 176.541, subdivision 7; 216B.8109;
216B.811; 216B.812; 216B.813; 216B.815; 216C.411; 216C.412; 216C.413;
216C.414; 216C.415; 216C.416; 298.22, subdivision 8; 298.2213; 298.298;
326B.89, subdivision 14; Laws 2013, chapter 85, article 6, section 11; Minnesota
Rules, parts 4355.0100; 4355.0200; 4355.0300; 4355.0400; 4355.0500.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. new text begin JOBS AND ECONOMIC DEVELOPMENT.
|
new text begin
(a) The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2018" and "2019" used in this article mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2018, or June 30, 2019,
respectively. "The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The
biennium" is fiscal years 2018 and 2019.
new text end
new text begin
(b) If an appropriation in this article is enacted more than once in the 2017 legislative
session, the appropriation must be given effect only once.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2018 new text end |
new text begin
2019 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF EMPLOYMENT
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
145,400,000 new text end |
new text begin
$ new text end |
new text begin
119,478,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2018 new text end |
new text begin
2019 new text end |
|
|
new text begin
General new text end |
new text begin
$109,565,000 new text end |
new text begin
$84,747,000 new text end |
|
new text begin
Remediation new text end |
new text begin
$700,000 new text end |
new text begin
$700,000 new text end |
|
new text begin
Workforce Development new text end |
new text begin
$34,985,000 new text end |
new text begin
$34,031,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
$150,000 new text end |
new text begin
-0- new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Business and Community Development
|
new text begin
$ new text end |
new text begin
46,074,000 new text end |
new text begin
$ new text end |
new text begin
40,935,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
$43,363,000 new text end |
new text begin
$38,424,000 new text end |
|
new text begin
Remediation new text end |
new text begin
$700,000 new text end |
new text begin
$700,000 new text end |
|
new text begin
Workforce Development new text end |
new text begin
$1,861,000 new text end |
new text begin
$1,811,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
$150,000 new text end |
new text begin
-0- new text end |
new text begin
(a) $4,195,000 each year is for the Minnesota
job skills partnership program under
Minnesota Statutes, sections 116L.01 to
116L.17. If the appropriation for either year
is insufficient, the appropriation for the other
year is available. This appropriation is
available until spent.
new text end
new text begin
(b) $750,000 each year is for grants to the
Neighborhood Development Center for small
business programs:
new text end
new text begin
(1) training, lending, and business services;
new text end
new text begin
(2) model outreach and training in greater
Minnesota; and
new text end
new text begin
(3) development of new business incubators.
new text end
new text begin
This is a onetime appropriation.
new text end
new text begin
(c) $1,175,000 each year is for a grant to the
Metropolitan Economic Development
Association (MEDA) for statewide business
development and assistance services, including
services to entrepreneurs with businesses that
have the potential to create job opportunities
for unemployed and underemployed people,
with an emphasis on minority-owned
businesses. This is a onetime appropriation.
new text end
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(d) $125,000 each year is for a grant to the
White Earth Nation for the White Earth Nation
Integrated Business Development System to
provide business assistance with workforce
development, outreach, technical assistance,
infrastructure and operational support,
financing, and other business development
activities. This is a onetime appropriation.
new text end
new text begin
(e)(1) $12,500,000 each year is for the
Minnesota investment fund under Minnesota
Statutes, section 116J.8731. Of this amount,
the commissioner of employment and
economic development may use up to three
percent for administration and monitoring of
the program. This appropriation is available
until spent.
new text end
new text begin
(2) Of the amount appropriated in fiscal year
2018, $4,000,000 is for a loan to construct and
equip a wholesale electronic component
distribution center investing a minimum of
$200,000,000 and constructing a facility at
least 700,000 square feet in size. Loan funds
may be used for purchases of materials,
supplies, and equipment for the construction
of the facility and are available from July 1,
2017, to June 30, 2021. The commissioner of
employment and economic development shall
forgive the loan after verification that the
project has satisfied performance goals and
contractual obligations as required under
Minnesota Statutes, section 116J.8731.
new text end
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(3) Of the amount appropriated in fiscal year
2018, $700,000 is for a loan to extend an
effluent pipe that will deliver reclaimed water
to an innovative waste-to-biofuel project
investing a minimum of $150,000,000 and
constructing a facility that is designed to
process approximately 400,000 tons of waste
annually. Loan funds are available until June
30, 2021.
new text end
new text begin
(f) $8,500,000 each year is for the Minnesota
job creation fund under Minnesota Statutes,
section 116J.8748. Of this amount, the
commissioner of employment and economic
development may use up to three percent for
administrative expenses. This appropriation
is available until expended. In fiscal year 2020
and beyond, the base amount is $8,000,000.
new text end
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(g) $1,647,000 each year is for contaminated
site cleanup and development grants under
Minnesota Statutes, sections 116J.551 to
116J.558. This appropriation is available until
spent. In fiscal year 2020 and beyond, the base
amount is $1,772,000.
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(h) $12,000 each year is for a grant to the
Upper Minnesota Film Office.
new text end
new text begin
(i) $163,000 each year is for the Minnesota
Film and TV Board. The appropriation in each
year is available only upon receipt by the
board of $1 in matching contributions of
money or in-kind contributions from nonstate
sources for every $3 provided by this
appropriation, except that each year up to
$50,000 is available on July 1 even if the
required matching contribution has not been
received by that date.
new text end
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(j) $500,000 each year is from the general fund
for a grant to the Minnesota Film and TV
Board for the film production jobs program
under Minnesota Statutes, section 116U.26.
This appropriation is available until June 30,
2021.
new text end
new text begin
(k) $139,000 each year is for a grant to the
Rural Policy and Development Center under
Minnesota Statutes, section 116J.421.
new text end
new text begin
(l)(1) $1,300,000 each year is for the greater
Minnesota business development public
infrastructure grant program under Minnesota
Statutes, section 116J.431. This appropriation
is available until spent. If the appropriation
for either year is insufficient, the appropriation
for the other year is available. In fiscal year
2020 and beyond, the base amount is
$1,787,000. Funds available under this
paragraph may be used for site preparation of
property owned and to be used by private
entities.
new text end
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(2) Of the amounts appropriated, $1,600,000
in fiscal year 2018 is for a grant to the city of
Thief River Falls to support utility extensions,
roads, and other public improvements related
to the construction of a wholesale electronic
component distribution center at least 700,000
square feet in size and investing a minimum
of $200,000,000. Notwithstanding Minnesota
Statutes, section 116J.431, a local match is
not required. Grant funds are available from
July 1, 2017, to June 30, 2021.
new text end
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(m) $876,000 the first year and $500,000 the
second year are for the Minnesota emerging
entrepreneur loan program under Minnesota
Statutes, section 116M.18. Funds available
under this paragraph are for transfer into the
emerging entrepreneur program special
revenue fund account created under Minnesota
Statutes, chapter 116M, and are available until
spent. Of this amount, up to four percent is for
administration and monitoring of the program.
In fiscal year 2020 and beyond, the base
amount is $1,000,000.
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(n) $875,000 each year is for a grant to
Enterprise Minnesota, Inc. for the small
business growth acceleration program under
Minnesota Statutes, section 116O.115. This
is a onetime appropriation.
new text end
new text begin
(o) $250,000 in fiscal year 2018 is for a grant
to the Minnesota Design Center at the
University of Minnesota for the greater
Minnesota community design pilot project.
new text end
new text begin
(p) $275,000 in fiscal year 2018 is from the
general fund to the commissioner of
employment and economic development for
a grant to Community and Economic
Development Associates (CEDA) for an
economic development study and analysis of
the effects of current and projected economic
growth in southeast Minnesota. CEDA shall
report on the findings and recommendations
of the study to the committees of the house of
representatives and senate with jurisdiction
over economic development and workforce
issues by February 15, 2019. All results and
information gathered from the study shall be
made available for use by cities in southeast
Minnesota by March 15, 2019. This
appropriation is available until June 30, 2020.
new text end
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(q) $2,000,000 in fiscal year 2018 is for a
grant to Pillsbury United Communities for
construction and renovation of a building in
north Minneapolis for use as the "North
Market" grocery store and wellness center,
focused on offering healthy food, increasing
health care access, and providing job creation
and economic opportunities in one place for
children and families living in the area. To the
extent possible, Pillsbury United Communities
shall employ individuals who reside within a
five mile radius of the grocery store and
wellness center. This appropriation is not
available until at least an equal amount of
money is committed from nonstate sources.
This appropriation is available until the project
is completed or abandoned, subject to
Minnesota Statutes, section 16A.642.
new text end
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(r) $1,425,000 each year is for the business
development competitive grant program. Of
this amount, up to five percent is for
administration and monitoring of the business
development competitive grant program. All
grant awards shall be for two consecutive
years. Grants shall be awarded in the first year.
new text end
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(s) $875,000 each year is for the host
community economic development grant
program established in Minnesota Statutes,
section 116J.548.
new text end
new text begin
(t) $700,000 each year is from the remediation
fund for contaminated site cleanup and
development grants under Minnesota Statutes,
sections 116J.551 to 116J.558. This
appropriation is available until spent.
new text end
new text begin
(u) $161,000 each year is from the workforce
development fund for a grant to the Rural
Policy and Development Center. This is a
onetime appropriation.
new text end
new text begin
(v) $300,000 each year is from the workforce
development fund for a grant to Enterprise
Minnesota, Inc. This is a onetime
appropriation.
new text end
new text begin
(w) $50,000 in fiscal year 2018 is from the
workforce development fund for a grant to
Fighting Chance for behavioral intervention
programs for at-risk youth.
new text end
new text begin
(x) $1,350,000 each year is from the
workforce development fund for job training
grants under Minnesota Statutes, section
116L.42.
new text end
new text begin
(y)(1) $519,000 in fiscal year 2018 is for
grants to local communities to increase the
supply of quality child care providers in order
to support economic development. At least 60
percent of grant funds must go to communities
located outside of the seven-county
metropolitan area, as defined under Minnesota
Statutes, section 473.121, subdivision 2. Grant
recipients must obtain a 50 percent nonstate
match to grant funds in either cash or in-kind
contributions. Grant funds available under this
paragraph must be used to implement solutions
to reduce the child care shortage in the state
including but not limited to funding for child
care business start-ups or expansions, training,
facility modifications or improvements
required for licensing, and assistance with
licensing and other regulatory requirements.
In awarding grants, the commissioner must
give priority to communities that have
documented a shortage of child care providers
in the area.
new text end
new text begin
(2) Within one year of receiving grant funds,
grant recipients must report to the
commissioner on the outcomes of the grant
program including but not limited to the
number of new providers, the number of
additional child care provider jobs created, the
number of additional child care slots, and the
amount of local funds invested.
new text end
new text begin
(3) By January 1 of each year, starting in 2019,
the commissioner must report to the standing
committees of the legislature having
jurisdiction over child care and economic
development on the outcomes of the program
to date.
new text end
new text begin
(z) $319,000 in fiscal year 2018 is from the
general fund for a grant to the East Phillips
Improvement Coalition to create the East
Phillips Neighborhood Institute (EPNI) to
expand culturally tailored resources that
address small business growth and create
green jobs. The grant shall fund the
collaborative work of Tamales y Bicicletas,
Little Earth of the United Tribes, a nonprofit
serving East Africans, and other coalition
members towards developing EPNI as a
community space to host activities including,
but not limited to, creation and expansion of
small businesses, culturally specific
entrepreneurial activities, indoor urban
farming, job training, education, and skills
development for residents of this low-income,
environmental justice designated
neighborhood. Eligible uses for grant funds
include, but are not limited to, planning and
start-up costs, staff and consultant costs,
building improvements, rent, supplies, utilities,
vehicles, marketing, and program activities.
The commissioner shall submit a report on
grant activities and quantifiable outcomes to
the committees of the house of representatives
and the senate with jurisdiction over economic
development by December 15, 2020. This
appropriation is available until June 30, 2020.
new text end
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(aa) $150,000 the first year is from the
renewable development account in the special
revenue fund established in Minnesota
Statutes, section 116C.779, subdivision 1, to
conduct the biomass facility closure economic
impact study.
new text end
new text begin
(bb)(1)$300,000 in fiscal year 2018 is for a
grant to East Side Enterprise Center (ESEC)
to expand culturally tailored resources that
address small business growth and job
creation. This appropriation is available until
June 30, 2020. The appropriation shall fund
the work of African Economic Development
Solutions, the Asian Economic Development
Association, the Dayton's Bluff Community
Council, and the Latino Economic
Development Center in a collaborative
approach to economic development that is
effective with smaller, culturally diverse
communities that seek to increase the
productivity and success of new immigrant
and minority populations living and working
in the community. Programs shall provide
minority business growth and capacity
building that generate wealth and jobs creation
for local residents and business owners on the
East Side of St. Paul.
new text end
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(2) In fiscal year 2019 ESEC shall use funds
to share its integrated service model and
evolving collaboration principles with civic
and economic development leaders in greater
Minnesota communities which have diverse
populations similar to the East Side of St. Paul.
ESEC shall submit a report of activities and
program outcomes, including quantifiable
measures of success annually to the house of
representatives and senate committees with
jurisdiction over economic development.
new text end
new text begin
(cc) $150,000 in fiscal year 2018 is for a grant
to Mille Lacs County for the purpose of
reimbursement grants to small resort
businesses located in the city of Isle with less
than $350,000 in annual revenue, at least four
rental units, which are open during both
summer and winter months, and whose
business was adversely impacted by a decline
in walleye fishing on Lake Mille Lacs.
new text end
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(dd)(1) $250,000 in fiscal year 2018 is for a
grant to the Small Business Development
Center hosted at Minnesota State University,
Mankato, for a collaborative initiative with
the Regional Center for Entrepreneurial
Facilitation. Funds available under this section
must be used to provide entrepreneur and
small business development direct professional
business assistance services in the following
counties in Minnesota: Blue Earth, Brown,
Faribault, Le Sueur, Martin, Nicollet, Sibley,
Watonwan, and Waseca. For the purposes of
this section, "direct professional business
assistance services" must include, but is not
limited to, pre-venture assistance for
individuals considering starting a business.
This appropriation is not available until the
commissioner determines that an equal amount
is committed from nonstate sources. Any
balance in the first year does not cancel and
is available for expenditure in the second year.
new text end
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(2) Grant recipients shall report to the
commissioner by February 1 of each year and
include information on the number of
customers served in each county; the number
of businesses started, stabilized, or expanded;
the number of jobs created and retained; and
business success rates in each county. By April
1 of each year, the commissioner shall report
the information submitted by grant recipients
to the chairs of the standing committees of the
house of representatives and the senate having
jurisdiction over economic development
issues.
new text end
new text begin
(ee) $500,000 in fiscal year 2018 is for the
central Minnesota opportunity grant program
established under Minnesota Statutes, section
116J.9922. This appropriation is available until
June 30, 2022.
new text end
new text begin Subd. 3. new text end
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Workforce Development
|
new text begin
$ new text end |
new text begin
31,498,000 new text end |
new text begin
$ new text end |
new text begin
30,231,000 new text end |
||
|
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Appropriations by Fund new text end |
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|
new text begin
General new text end |
new text begin
$6,239,000 new text end |
new text begin
$5,889,000 new text end |
|
new text begin
Workforce Development new text end |
new text begin
$25,259,000 new text end |
new text begin
$24,342,000 new text end |
new text begin
(a) $500,000 each year is for the
youth-at-work competitive grant program
under Minnesota Statutes, section 116L.562.
Of this amount, up to five percent is for
administration and monitoring of the youth
workforce development competitive grant
program. All grant awards shall be for two
consecutive years. Grants shall be awarded in
the first year. In fiscal year 2020 and beyond,
the base amount is $750,000.
new text end
new text begin
(b) $250,000 each year is for pilot programs
in the workforce service areas to combine
career and higher education advising.
new text end
new text begin
(c) $500,000 each year is for rural career
counseling coordinator positions in the
workforce service areas and for the purposes
specified in Minnesota Statutes, section
116L.667. The commissioner of employment
and economic development, in consultation
with local workforce investment boards and
local elected officials in each of the service
areas receiving funds, shall develop a method
of distributing funds to provide equitable
services across workforce service areas.
new text end
new text begin
(d) $1,000,000 each year is for a grant to the
Construction Careers Foundation for the
construction career pathway initiative to
provide year-round educational and
experiential learning opportunities for teens
and young adults under the age of 21 that lead
to careers in the construction industry. This is
a onetime appropriation. Grant funds must be
used to:
new text end
new text begin
(1) increase construction industry exposure
activities for middle school and high school
youth, parents, and counselors to reach a more
diverse demographic and broader statewide
audience. This requirement includes, but is
not limited to, an expansion of programs to
provide experience in different crafts to youth
and young adults throughout the state;
new text end
new text begin
(2) increase the number of high schools in
Minnesota offering construction classes during
the academic year that utilize a multicraft
curriculum;
new text end
new text begin
(3) increase the number of summer internship
opportunities;
new text end
new text begin
(4) enhance activities to support graduating
seniors in their efforts to obtain employment
in the construction industry;
new text end
new text begin
(5) increase the number of young adults
employed in the construction industry and
ensure that they reflect Minnesota's diverse
workforce; and
new text end
new text begin
(6) enhance an industrywide marketing
campaign targeted to youth and young adults
about the depth and breadth of careers within
the construction industry.
new text end
new text begin
Programs and services supported by grant
funds must give priority to individuals and
groups that are economically disadvantaged
or historically underrepresented in the
construction industry, including but not limited
to women, veterans, and members of minority
and immigrant groups.
new text end
new text begin
(e) $1,539,000 each year from the general fund
and $4,604,000 each year from the workforce
development fund are for the Pathways to
Prosperity adult workforce development
competitive grant program. Of this amount,
up to four percent is for administration and
monitoring of the program. When awarding
grants under this paragraph, the commissioner
of employment and economic development
may give preference to any previous grantee
with demonstrated success in job training and
placement for hard-to-train individuals. In
fiscal year 2020 and beyond, the general fund
base amount for this program is $4,039,000.
new text end
new text begin
(f) $750,000 each year is for a competitive
grant program to provide grants to
organizations that provide support services for
individuals, such as job training, employment
preparation, internships, job assistance to
fathers, financial literacy, academic and
behavioral interventions for low-performing
students, and youth intervention. Grants made
under this section must focus on low-income
communities, young adults from families with
a history of intergenerational poverty, and
communities of color. Of this amount, up to
four percent is for administration and
monitoring of the program. In fiscal year 2020
and beyond, the base amount is $1,000,000.
new text end
new text begin
(g) $500,000 each year is for the women and
high-wage, high-demand, nontraditional jobs
grant program under Minnesota Statutes,
section 116L.99. Of this amount, up to five
percent is for administration and monitoring
of the program. In fiscal year 2020 and
beyond, the base amount is $750,000.
new text end
new text begin
(h) $500,000 each year is for a competitive
grant program for grants to organizations
providing services to relieve economic
disparities in the Southeast Asian community
through workforce recruitment, development,
job creation, assistance of smaller
organizations to increase capacity, and
outreach. Of this amount, up to five percent
is for administration and monitoring of the
program. In fiscal year 2020 and beyond, the
base amount is $1,000,000.
new text end
new text begin
(i) $250,000 each year is for a grant to the
American Indian Opportunities and
Industrialization Center, in collaboration with
the Northwest Indian Community
Development Center, to reduce academic
disparities for American Indian students and
adults. This is a onetime appropriation. The
grant funds may be used to provide:
new text end
new text begin
(1) student tutoring and testing support
services;
new text end
new text begin
(2) training in information technology;
new text end
new text begin
(3) assistance in obtaining a GED;
new text end
new text begin
(4) remedial training leading to enrollment in
a postsecondary higher education institution;
new text end
new text begin
(5) real-time work experience in information
technology fields; and
new text end
new text begin
(6) contextualized adult basic education.
new text end
new text begin
After notification to the legislature, the
commissioner may transfer this appropriation
to the commissioner of education.
new text end
new text begin
(j) $100,000 each year is for the getting to
work grant program. This is a onetime
appropriation and is available until June 30,
2021.
new text end
new text begin
(k) $525,000 each year is from the workforce
development fund for a grant to the YWCA
of Minneapolis to provide economically
challenged individuals the job skills training,
career counseling, and job placement
assistance necessary to secure a child
development associate credential and to have
a career path in early childhood education.
This is a onetime appropriation.
new text end
new text begin
(l) $1,350,000 each year is from the workforce
development fund for a grant to the Minnesota
High Tech Association to support
SciTechsperience, a program that supports
science, technology, engineering, and math
(STEM) internship opportunities for two- and
four-year college students and graduate
students in their field of study. The internship
opportunities must match students with paid
internships within STEM disciplines at small,
for-profit companies located in Minnesota,
having fewer than 250 employees worldwide.
At least 300 students must be matched in the
first year and at least 350 students must be
matched in the second year. No more than 15
percent of the hires may be graduate students.
Selected hiring companies shall receive from
the grant 50 percent of the wages paid to the
intern, capped at $2,500 per intern. The
program must work toward increasing the
participation of women or other underserved
populations. This is a onetime appropriation.
new text end
new text begin
(m) $450,000 each year is from the workforce
development fund for grants to Minnesota
Diversified Industries, Inc. to provide
progressive development and employment
opportunities for people with disabilities. This
is a onetime appropriation.
new text end
new text begin
(n) $500,000 each year is from the workforce
development fund for a grant to Resource, Inc.
to provide low-income individuals career
education and job skills training that are fully
integrated with chemical and mental health
services. This is a onetime appropriation.
new text end
new text begin
(o) $750,000 each year is from the workforce
development fund for a grant to the Minnesota
Alliance of Boys and Girls Clubs to administer
a statewide project of youth job skills and
career development. This project, which may
have career guidance components including
health and life skills, is designed to encourage,
train, and assist youth in early access to
education and job-seeking skills, work-based
learning experience including career pathways
in STEM learning, career exploration and
matching, and first job placement through
local community partnerships and on-site job
opportunities. This grant requires a 25 percent
match from nonstate resources. This is a
onetime appropriation.
new text end
new text begin
(p) $215,000 each year is from the workforce
development fund for grants to Big Brothers,
Big Sisters of the Greater Twin Cities for
workforce readiness, employment exploration,
and skills development for youth ages 12 to
21. The grant must serve youth in the Twin
Cities, Central Minnesota, and Southern
Minnesota Big Brothers, Big Sisters chapters.
This is a onetime appropriation.
new text end
new text begin
(q) $250,000 each year is from the workforce
development fund for a grant to YWCA St.
Paul to provide job training services and
workforce development programs and
services, including job skills training and
counseling. This is a onetime appropriation.
new text end
new text begin
(r) $1,000,000 each year is from the workforce
development fund for a grant to EMERGE
Community Development, in collaboration
with community partners, for services
targeting Minnesota communities with the
highest concentrations of African and
African-American joblessness, based on the
most recent census tract data, to provide
employment readiness training, credentialed
training placement, job placement and
retention services, supportive services for
hard-to-employ individuals, and a general
education development fast track and adult
diploma program. This is a onetime
appropriation.
new text end
new text begin
(s) $1,000,000 each year is from the workforce
development fund for a grant to the
Minneapolis Foundation for a strategic
intervention program designed to target and
connect program participants to meaningful,
sustainable living-wage employment. This is
a onetime appropriation.
new text end
new text begin
(t) $750,000 each year is from the workforce
development fund for a grant to Latino
Communities United in Service (CLUES) to
expand culturally tailored programs that
address employment and education skill gaps
for working parents and underserved youth by
providing new job skills training to stimulate
higher wages for low-income people, family
support systems designed to reduce
intergenerational poverty, and youth
programming to promote educational
advancement and career pathways. At least
50 percent of this amount must be used for
programming targeted at greater Minnesota.
This is a onetime appropriation.
new text end
new text begin
(u) $600,000 each year is from the workforce
development fund for a grant to Ujamaa Place
for job training, employment preparation,
internships, education, training in the
construction trades, housing, and
organizational capacity building. This is a
onetime appropriation.
new text end
new text begin
(v) $1,297,000 in the first year and $800,000
in the second year are from the workforce
development fund for performance grants
under Minnesota Statutes, section 116J.8747,
to Twin Cities R!SE to provide training to
hard-to-train individuals. Of the amounts
appropriated, $497,000 in fiscal year 2018 is
for a grant to Twin Cities R!SE, in
collaboration with Metro Transit and Hennepin
Technical College for the Metro Transit
technician training program. This is a onetime
appropriation and funds are available until
June 30, 2020.
new text end
new text begin
(w) $230,000 in fiscal year 2018 is from the
workforce development fund for a grant to the
Bois Forte Tribal Employment Rights Office
(TERO) for an American Indian workforce
development training pilot project.
new text end
new text begin
(x) $40,000 in fiscal year 2018 is from the
workforce development fund for a grant to the
Cook County Higher Education Board to
provide educational programming and
academic support services to remote regions
in northeastern Minnesota. This appropriation
is in addition to other funds previously
appropriated to the board.
new text end
new text begin
(y) $250,000 each year is from the workforce
development fund for a grant to Bridges to
Healthcare to provide career education,
wraparound support services, and job skills
training in high-demand health care fields to
low-income parents, nonnative speakers of
English, and other hard-to-train individuals,
helping families build secure pathways out of
poverty while also addressing worker
shortages in one of Minnesota's most
innovative industries. Funds may be used for
program expenses, including, but not limited
to, hiring instructors and navigators; space
rental; and supportive services to help
participants attend classes, including assistance
with course fees, child care, transportation,
and safe and stable housing. In addition, up to
five percent of grant funds may be used for
Bridges to Healthcare's administrative costs.
This is a onetime appropriation and is
available until June 30, 2020.
new text end
new text begin
(z) $500,000 each year is from the workforce
development fund for a grant to the Nonprofits
Assistance Fund to provide capacity-building
grants to small, culturally specific
organizations that primarily serve historically
underserved cultural communities. Grants may
only be awarded to nonprofit organizations
that have an annual organizational budget of
less than $500,000 and are culturally specific
organizations that primarily serve historically
underserved cultural communities. Grant funds
awarded must be used for:
new text end
new text begin
(1) organizational infrastructure improvement,
including developing database management
systems and financial systems, or other
administrative needs that increase the
organization's ability to access new funding
sources;
new text end
new text begin
(2) organizational workforce development,
including hiring culturally competent staff,
training and skills development, and other
methods of increasing staff capacity; or
new text end
new text begin
(3) creation or expansion of partnerships with
existing organizations that have specialized
expertise in order to increase the capacity of
the grantee organization to improve services
for the community. Of this amount, up to five
percent may be used by the Nonprofits
Assistance Fund for administration costs and
providing technical assistance to potential
grantees. This is a onetime appropriation.
new text end
new text begin
(aa) $4,050,000 each year is from the
workforce development fund for the
Minnesota youth program under Minnesota
Statutes, sections 116L.56 and 116L.561.
new text end
new text begin
(bb) $1,000,000 each year is from the
workforce development fund for the
youthbuild program under Minnesota Statutes,
sections 116L.361 to 116L.366.
new text end
new text begin
(cc) $3,348,000 each year is from the
workforce development fund for the "Youth
at Work" youth workforce development
competitive grant program. Of this amount,
up to five percent is for administration and
monitoring of the youth workforce
development competitive grant program. All
grant awards shall be for two consecutive
years. Grants shall be awarded in the first year.
new text end
new text begin
(dd) $500,000 each year is from the workforce
development fund for the Opportunities
Industrialization Center programs.
new text end
new text begin
(ee) $750,000 each year is from the workforce
development fund for a grant to Summit
Academy OIC to expand its contextualized
GED and employment placement program.
This is a onetime appropriation.
new text end
new text begin
(ff) $500,000 each year is from the workforce
development fund for a grant to
Goodwill-Easter Seals Minnesota and its
partners. The grant shall be used to continue
the FATHER Project in Rochester, Park
Rapids, St. Cloud, Minneapolis, and the
surrounding areas to assist fathers in
overcoming barriers that prevent fathers from
supporting their children economically and
emotionally. This is a onetime appropriation.
new text end
new text begin
(gg) $150,000 each year is from the workforce
development fund for displaced homemaker
programs under Minnesota Statutes, section
116L.96. The commissioner shall distribute
the funds to existing nonprofit and state
displaced homemaker programs. This is a
onetime appropriation.
new text end
new text begin
(hh)(1) $150,000 in fiscal year 2018 is from
the workforce development fund for a grant
to Anoka County to develop and implement
a pilot program to increase competitive
employment opportunities for transition-age
youth ages 18 to 21.
new text end
new text begin
(2) The competitive employment for
transition-age youth pilot program shall
include career guidance components, including
health and life skills, to encourage, train, and
assist transition-age youth in job-seeking
skills, workplace orientation, and job site
knowledge.
new text end
new text begin
(3) In operating the pilot program, Anoka
County shall collaborate with schools,
disability providers, jobs and training
organizations, vocational rehabilitation
providers, and employers to build upon
opportunities and services, to prepare
transition-age youth for competitive
employment, and to enhance employer
connections that lead to employment for the
individuals served.
new text end
new text begin
(4) Grant funds may be used to create an
on-the-job training incentive to encourage
employers to hire and train qualifying
individuals. A participating employer may
receive up to 50 percent of the wages paid to
the employee as a cost reimbursement for
on-the-job training provided.
new text end
new text begin
(ii) $500,000 each year is from the workforce
development fund for rural career counseling
coordinator positions in the workforce service
areas and for the purposes specified in
Minnesota Statutes, section 116L.667. The
commissioner of employment and economic
development, in consultation with local
workforce investment boards and local elected
officials in each of the service areas receiving
funds, shall develop a method of distributing
funds to provide equitable services across
workforce service areas.
new text end
new text begin
(jj) In calendar year 2017, the public utility
subject to Minnesota Statutes, section
116C.779, must withhold $1,000,000 from the
funds required to fulfill its financial
commitments under Minnesota Statutes,
section 116C.779, subdivision 1, and pay such
amounts to the commissioner of employment
and economic development for deposit in the
Minnesota 21st century fund under Minnesota
Statutes, section 116J.423.
new text end
new text begin
(kk) $350,000 in fiscal year 2018 is for a grant
to AccessAbility Incorporated to provide job
skills training to individuals who have been
released from incarceration for a felony-level
offense and are no more than 12 months from
the date of release. AccessAbility Incorporated
shall annually report to the commissioner on
how the money was spent and the results
achieved. The report must include, at a
minimum, information and data about the
number of participants; participant
homelessness, employment, recidivism, and
child support compliance; and training
provided to program participants.
new text end
new text begin Subd. 4. new text end
new text begin
General Support Services
|
new text begin
$ new text end |
new text begin
4,170,000 new text end |
new text begin
$ new text end |
new text begin
4,654,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General Fund new text end |
new text begin
$4,135,000 new text end |
new text begin
$4,606,000 new text end |
|
new text begin
Workforce Development new text end |
new text begin
$35,000 new text end |
new text begin
$48,000 new text end |
new text begin
(a) $250,000 each year is for the publication,
dissemination, and use of labor market
information under Minnesota Statutes, section
116J.401.
new text end
new text begin
(b) $1,269,000 each year is for transfer to the
Minnesota Housing Finance Agency for
operating the Olmstead Compliance Office.
new text end
new text begin
(c) $500,000 each year is for a statewide
capacity-building grant program. The
commissioner of employment and economic
development shall, through a request for
proposal process, select a nonprofit
organization to administer the
capacity-building grant program. The selected
organization must have demonstrated
experience in providing financial and technical
assistance to nonprofit organizations statewide.
The selected organization shall provide
financial assistance in the form of subgrants
and technical assistance to small to
medium-sized nonprofit organizations
offering, or seeking to offer, workforce or
economic development programming that
addresses economic disparities in underserved
cultural communities. This assistance can be
provided in-house or in partnership with other
organizations depending on need. The
nonprofit organization selected to administer
the grant program shall report to the
commissioner by February 1 each year
regarding assistance provided, including the
demographic and geographic distribution of
the grant awards, services, and outcomes. By
April 1 each year, the commissioner shall
report the information submitted by the
nonprofit to the legislative committees having
jurisdiction over economic development
issues. Of this amount, one percent is for the
commissioner to conduct the request for
proposal process and monitor the selected
organization. The nonprofit selected to
administer the grant program may use up to
five percent of the grant funds for
administration costs and providing technical
assistance to potential subgrantees.
new text end
new text begin
(d) $25,000 each year is for the administration
of state aid for the Destination Medical Center
under Minnesota Statutes, sections 469.40 to
469.47.
new text end
new text begin Subd. 5. new text end
new text begin
Minnesota Trade Office
|
new text begin
$ new text end |
new text begin
2,292,000 new text end |
new text begin
$ new text end |
new text begin
2,292,000 new text end |
||
new text begin
(a) $300,000 each year is for the STEP grants
in Minnesota Statutes, section 116J.979.
new text end
new text begin
(b) $180,000 each year is for the Invest
Minnesota marketing initiative in Minnesota
Statutes, section 116J.9781.
new text end
new text begin
(c) $270,000 each year is for the Minnesota
Trade Offices under Minnesota Statutes,
section 116J.978.
new text end
new text begin
(d) $50,000 each year is for the Trade Policy
Advisory Council under Minnesota Statutes,
section 116J.9661.
new text end
new text begin Subd. 6. new text end
new text begin
Vocational Rehabilitation
|
new text begin
$ new text end |
new text begin
34,691,000 new text end |
new text begin
$ new text end |
new text begin
34,691,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
$26,861,000 new text end |
new text begin
$26,861,000 new text end |
|
new text begin
Workforce Development new text end |
new text begin
$7,830,000 new text end |
new text begin
$7,830,000 new text end |
new text begin
(a) $14,300,000 each year is for the state's
vocational rehabilitation program under
Minnesota Statutes, chapter 268A. In fiscal
year 2020 and beyond, the base amount is
$10,800,000.
new text end
new text begin
(b) $3,011,000 each year is for grants to
centers for independent living under
Minnesota Statutes, section 268A.11.
new text end
new text begin
(c) $6,995,000 each year is from the general
fund and $6,830,000 each year is from the
workforce development fund for extended
employment services for persons with severe
disabilities under Minnesota Statutes, section
268A.15. Of the general fund amount
appropriated, $1,000,000 each year is for rate
increases to providers of extended employment
services for persons with severe disabilities
under Minnesota Statutes, section 268A.15.
In fiscal year 2020 and beyond, the general
fund base amount is $8,995,000. Of the base
amounts in fiscal years 2020 and 2021,
$2,000,000 in fiscal year 2020 and $2,000,000
in fiscal year 2021 are for rate increases to
providers of extended employment services
for persons with severe disabilities under
Minnesota Statutes, section 268A.15.
new text end
new text begin
(d) $2,555,000 each year is for grants to
programs that provide employment support
services to persons with mental illness under
Minnesota Statutes, sections 268A.13 and
268A.14.
new text end
new text begin
(e) $1,000,000 each year is from the workforce
development fund for grants under Minnesota
Statutes, section 268A.16, for employment
services for persons, including transition-age
youth, who are deaf, deafblind, or
hard-of-hearing. If the amount in the first year
is insufficient, the amount in the second year
is available in the first year.
new text end
new text begin Subd. 7. new text end
new text begin
Services for the Blind
|
new text begin
$ new text end |
new text begin
6,425,000 new text end |
new text begin
$ new text end |
new text begin
6,425,000 new text end |
||
new text begin
Of this amount, $500,000 each year is for
senior citizens who are becoming blind. At
least half of the funds for this purpose must
be used to provide training services for seniors
who are becoming blind. Training services
must provide independent living skills to
seniors who are becoming blind to allow them
to continue to live independently in their
homes.
new text end
new text begin Subd. 8. new text end
new text begin
Broadband Development
|
new text begin
$ new text end |
new text begin
20,250,000 new text end |
new text begin
$ new text end |
new text begin
250,000 new text end |
||
new text begin
(a) $20,000,000 in fiscal year 2018 is for
deposit in the border-to-border broadband fund
account in the special revenue fund established
under Minnesota Statutes, section 116J.396.
new text end
new text begin
(b) $250,000 each year is for the Broadband
Development Office.
new text end
new text begin Subd. 9. new text end
new text begin
Reporting
|
||||||
new text begin
(a) An entity receiving a direct appropriation
in this article that received a direct
appropriation in Laws 2016, chapter 189,
article 12, is subject to the requirements for
grants to individually specified recipients
under Laws 2016, chapter 189, article 12,
section 11.
new text end
new text begin
(b) Any recipient of a direct appropriation
from the workforce development fund for
adult workforce-related programs under
subdivision 3 not subject to the requirements
of paragraph (a) is subject to the reporting
requirements under Minnesota Statutes,
section 116L.98.
new text end
Sec. 3. new text begin HOUSING FINANCE AGENCY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
54,798,000 new text end |
new text begin
$ new text end |
new text begin
52,798,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin
Unless otherwise specified, this appropriation
is for transfer to the housing development fund
for the programs specified in this section.
Except as otherwise indicated, this transfer is
part of the agency's permanent budget base.
new text end
new text begin Subd. 2. new text end
new text begin
Challenge Program
|
new text begin
14,925,000 new text end |
new text begin
14,925,000 new text end |
||||
new text begin
(a)(1) This appropriation is for the economic
development and housing challenge program
under Minnesota Statutes, section 462A.33.
The agency must continue to strengthen its
efforts to address the disparity rate between
white households and indigenous American
Indians and communities of color. Of this
amount, $1,208,000 each year shall be made
available during the first 11 months of the
fiscal year exclusively for housing projects
for American Indians. Any funds not
committed to housing projects for American
Indians in the first 11 months of each fiscal
year shall be available for any eligible activity
under Minnesota Statutes, section 462A.33.
new text end
new text begin
(2) The appropriation may be used to finance
the construction or replacement of real
property that is located in Melrose affected by
the fire on September 8, 2016.
new text end
new text begin
(3) The commissioner may allocate a portion
of the appropriation for the economic
development and housing challenge program
for assistance in the area included in DR-4290,
as provided in Minnesota Statutes, section
12A.09. The maximum loan amount per
housing structure is $20,000. Within the limits
of available appropriations, the agency may
increase the maximum amount if the cost of
repair or replacement of the residential
property exceeds the total of the maximum
loan amount and any assistance available from
FEMA, other federal government agencies,
including the Small Business Administration,
and private insurance and flood insurance
benefits.
new text end
new text begin
(b) $2,000,000 each year is for the purposes
of the workforce housing development
program under Minnesota Statutes, section
462A.39. The commissioner of housing
finance may hire staff sufficient for the
purposes of this paragraph.
new text end
new text begin Subd. 3. new text end
new text begin
Housing Trust Fund
|
new text begin
13,396,000 new text end |
new text begin
11,646,000 new text end |
||||
new text begin
(a) This appropriation is for deposit in the
housing fund account created under Minnesota
Statutes, section 462A.201, and may be used
for the purposes provided in that section.
new text end
new text begin
(b) $1,750,000 in fiscal year 2018 is for the
rental assistance to highly mobile students
program under Minnesota Statutes, section
462A.201, subdivision 2, paragraph (a), clause
(4).
new text end
new text begin Subd. 4. new text end
new text begin
Rental Assistance for Mentally Ill
|
new text begin
4,088,000 new text end |
new text begin
4,088,000 new text end |
||||
new text begin
This appropriation is for the rental housing
assistance program for persons with a mental
illness or families with an adult member with
a mental illness, under Minnesota Statutes,
section 462A.2097. Among comparable
proposals, the agency shall prioritize those
proposals that target, in part, eligible persons
who desire to move to more integrated,
community-based settings.
new text end
new text begin Subd. 5. new text end
new text begin
Family Homeless Prevention
|
new text begin
8,769,000 new text end |
new text begin
8,519,000 new text end |
||||
new text begin
(a) This appropriation is for the family
homeless prevention and assistance programs
under Minnesota Statutes, section 462A.204.
new text end
new text begin
(b) $250,000 in fiscal year 2018 is for grants
to programs under Minnesota Statutes, section
462A.204, subdivision 8.
new text end
new text begin Subd. 6. new text end
new text begin
Home Ownership Assistance Fund
|
new text begin
885,000 new text end |
new text begin
885,000 new text end |
||||
new text begin
This appropriation is for the home ownership
assistance program under Minnesota Statutes,
section 462A.21, subdivision 8. The agency
shall continue to strengthen its efforts to
address the disparity gap in the
homeownership rate between white
households and indigenous American Indians
and communities of color.
new text end
new text begin Subd. 7. new text end
new text begin
Affordable Rental Investment Fund
|
new text begin
4,218,000 new text end |
new text begin
4,218,000 new text end |
||||
new text begin
(a) This appropriation is for the affordable
rental investment fund program under
Minnesota Statutes, section 462A.21,
subdivision 8b, to finance the acquisition,
rehabilitation, and debt restructuring of
federally assisted rental property and for
making equity take-out loans under Minnesota
Statutes, section 462A.05, subdivision 39.
new text end
new text begin
(b) The owner of federally assisted rental
property must agree to participate in the
applicable federally assisted housing program
and to extend any existing low-income
affordability restrictions on the housing for
the maximum term permitted. The owner must
also enter into an agreement that gives local
units of government, housing and
redevelopment authorities, and nonprofit
housing organizations the right of first refusal
if the rental property is offered for sale.
Priority must be given among comparable
federally assisted rental properties to
properties with the longest remaining term
under an agreement for federal assistance.
Priority must also be given among comparable
rental housing developments to developments
that are or will be owned by local government
units, a housing and redevelopment authority,
or a nonprofit housing organization.
new text end
new text begin
(c) The appropriation also may be used to
finance the acquisition, rehabilitation, and debt
restructuring of existing supportive housing
properties. For purposes of this subdivision,
"supportive housing" means affordable rental
housing with links to services necessary for
individuals, youth, and families with children
to maintain housing stability.
new text end
new text begin Subd. 8. new text end
new text begin
Housing Rehabilitation
|
new text begin
6,515,000 new text end |
new text begin
6,515,000 new text end |
||||
new text begin
This appropriation is for the housing
rehabilitation program under Minnesota
Statutes, section 462A.05, subdivision 14. Of
this amount, $2,772,000 each year is for the
rehabilitation of owner-occupied housing,
$3,743,000 each year is for the rehabilitation
of eligible rental housing. In administering a
rehabilitation program for rental housing, the
agency may apply the processes and priorities
adopted for administration of the economic
development and housing challenge program
under Minnesota Statutes, section 462A.33.
new text end
new text begin Subd. 9. new text end
new text begin
Homeownership Education, Counseling,
|
new text begin
857,000 new text end |
new text begin
857,000 new text end |
||||
new text begin
This appropriation is for the homeownership
education, counseling, and training program
under Minnesota Statutes, section 462A.209.
Priority may be given to funding programs
that are aimed at culturally specific groups
who are providing services to members of their
communities.
new text end
new text begin Subd. 10. new text end
new text begin
Capacity Building Grants
|
new text begin
645,000 new text end |
new text begin
645,000 new text end |
||||
new text begin
This appropriation is for nonprofit capacity
building grants under Minnesota Statutes,
section 462A.21, subdivision 3b. Of this
amount, $125,000 each year is for support of
the Homeless Management Information
System (HMIS).
new text end
new text begin Subd. 11. new text end
new text begin
Build Wealth MN
|
new text begin
500,000 new text end |
new text begin
500,000 new text end |
||||
new text begin
This appropriation is for grants to Build
Wealth MN to provide a family stabilization
plan program including program outreach,
financial literacy education, and budget and
debt counseling.
new text end
Sec. 4. new text begin DEPARTMENT OF LABOR AND
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
28,820,000 new text end |
new text begin
$ new text end |
new text begin
29,143,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2018 new text end |
new text begin
2019 new text end |
|
|
new text begin
General new text end |
new text begin
1,776,000 new text end |
new text begin
1,790,000 new text end |
|
new text begin
Workers' Compensation new text end |
new text begin
24,975,000 new text end |
new text begin
24,975,000 new text end |
|
new text begin
Workforce Development new text end |
new text begin
2,069,000 new text end |
new text begin
2,378,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Workers' Compensation
|
new text begin
14,782,000 new text end |
new text begin
14,782,000 new text end |
||||
new text begin
(a) This appropriation is from the workers'
compensation fund.
new text end
new text begin
(b)(1) $3,000,000 each year is for workers'
compensation system upgrades. This amount
is available until June 30, 2021. This is a
onetime appropriation.
new text end
new text begin
(2) This appropriation includes funds for
information technology project services and
support subject to the provisions of Minnesota
Statutes, section 16E.0466. Any ongoing
information technology costs must be
incorporated into the service level agreement
and must be paid to the Office of MN.IT
Services by the commissioner of labor and
industry under the rates and mechanism
specified in that agreement.
new text end
new text begin Subd. 3. new text end
new text begin
Labor Standards and Apprenticeship
|
new text begin
3,645,000 new text end |
new text begin
3,668,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
1,776,000 new text end |
new text begin
1,790,000 new text end |
|
new text begin
Workforce Development new text end |
new text begin
1,869,000 new text end |
new text begin
1,878,000 new text end |
new text begin
(a) $500,000 each year is from the general
fund for wage theft prevention under the
division of labor standards.
new text end
new text begin
(b) $100,000 each year is from the workforce
development fund for labor education and
advancement program grants under Minnesota
Statutes, section 178.11, to expand and
promote registered apprenticeship training for
minorities and women.
new text end
new text begin
(c) $300,000 each year is from the workforce
development fund for the PIPELINE program.
new text end
new text begin
(d) $200,000 each year is from the workforce
development fund for grants to the
Construction Careers Foundation for the
Helmets to Hardhats Minnesota initiative.
Grant funds must be used to recruit, retain,
assist, and support National Guard, reserve,
and active duty military members' and
veterans' participation into apprenticeship
programs registered with the Department of
Labor and Industry and connect them with
career training and employment in the building
and construction industry. The recruitment,
selection, employment, and training must be
without discrimination due to race, color,
creed, religion, national origin, sex, sexual
orientation, marital status, physical or mental
disability, receipt of public assistance, or age.
This is a onetime appropriation.
new text end
new text begin
(e) $1,029,000 each year is from the workforce
development fund for the apprenticeship
program under Minnesota Statutes, chapter
178.
new text end
new text begin
(f) $150,000 each year is from the workforce
development fund for prevailing wage
enforcement.
new text end
new text begin Subd. 4. new text end
new text begin
Workplace Safety
|
new text begin
4,154,000 new text end |
new text begin
4,154,000 new text end |
||||
new text begin
This appropriation is from the workers'
compensation fund.
new text end
new text begin Subd. 5. new text end
new text begin
General Support
|
new text begin
6,239,000 new text end |
new text begin
6,539,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
Workforce Development Fund new text end |
new text begin
200,000 new text end |
new text begin
500,000 new text end |
|
new text begin
Workers' Compensation new text end |
new text begin
6,039,000 new text end |
new text begin
6,039,000 new text end |
new text begin
(a) Except as provided in paragraphs (b) and
(c), this appropriation is from the workers'
compensation fund.
new text end
new text begin
(b) $200,000 in fiscal year 2018 is from the
workforce development fund for the
commissioner of labor and industry to convene
and collaborate with stakeholders as provided
under Minnesota Statutes, section 175.46,
subdivision 3, and to develop youth skills
training competencies for approved
occupations. This is a onetime appropriation.
new text end
new text begin
(c) $500,000 in fiscal year 2019 is from the
workforce development fund to administer the
youth skills training program under Minnesota
Statutes, section 175.46. The commissioner
shall award up to five grants each year to local
partnerships located throughout the state, not
to exceed $100,000 per local partnership grant.
The commissioner may use a portion of this
appropriation for administration of the grant
program. The base amount for this program
is $500,000 each year beginning in fiscal year
2020.
new text end
Sec. 5. new text begin BUREAU OF MEDIATION SERVICES
|
new text begin
$ new text end |
new text begin
2,446,000 new text end |
new text begin
$ new text end |
new text begin
2,522,000 new text end |
||
new text begin
(a) $394,000 each year is for the Office of
Collaboration and Dispute Resolution under
Minnesota Statutes, section 179.90. Of this
amount, $160,000 each year is for grants under
Minnesota Statutes, section 179.91.
new text end
new text begin
(b) $68,000 each year is from the general fund
for grants to area labor management
committees. Grants may be awarded for a
12-month period beginning July 1 each year.
Any unencumbered balance remaining at the
end of the first year does not cancel but is
available for the second year.
new text end
new text begin
(c) $125,000 each year is for purposes of the
Public Employment Relations Board under
Minnesota Statutes, section 179A.041.
new text end
Sec. 6. new text begin WORKERS' COMPENSATION COURT
|
new text begin
$ new text end |
new text begin
1,913,000 new text end |
new text begin
$ new text end |
new text begin
1,913,000 new text end |
||
new text begin
This appropriation is from the workers'
compensation fund.
new text end
Sec. 7. new text begin DEPARTMENT OF COMMERCE
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
27,485,000 new text end |
new text begin
$ new text end |
new text begin
27,165,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
23,472,000 new text end |
new text begin
23,152,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
2,210,000 new text end |
new text begin
2,210,000 new text end |
|
new text begin
Petroleum Tank new text end |
new text begin
1,052,000 new text end |
new text begin
1,052,000 new text end |
|
new text begin
Workers' Compensation new text end |
new text begin
751,000 new text end |
new text begin
751,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Financial Institutions
|
new text begin
920,000 new text end |
new text begin
820,000 new text end |
||||
new text begin
(a) $400,000 each year is for grants to Prepare
and Prosper for purposes of developing,
marketing, evaluating, and distributing a
financial services inclusion program that will
assist low-income and financially underserved
populations build savings, strengthen credit,
and provide services to assist them in being
more financially stable and secure. Grants in
fiscal year 2018 must be matched by nonstate
contributions. Money remaining after the first
year is available for the second year.
new text end
new text begin
(b) $100,000 in fiscal year 2018 is for a grant
to Exodus Lending to assist individuals in
reaching financial stability and resolving
payday loans. this appropriation is available
until June 30, 2020.
new text end
new text begin Subd. 3. new text end
new text begin
Petroleum Tank Release Compensation
|
new text begin
1,052,000 new text end |
new text begin
1,052,000 new text end |
||||
new text begin
This appropriation is from the petroleum tank
fund.
new text end
new text begin Subd. 4. new text end
new text begin
Administrative Services
|
new text begin
7,386,000 new text end |
new text begin
7,386,000 new text end |
||||
new text begin
(a) $384,000 each year is for additional
compliance efforts with unclaimed property.
The commissioner may issue contracts for
these services.
new text end
new text begin
(b) $100,000 each year is for the support of
broadband development.
new text end
new text begin
(c) $33,000 each year is for rulemaking and
administration under Minnesota Statutes,
section 80A.461.
new text end
new text begin Subd. 5. new text end
new text begin
Telecommunications
|
new text begin
2,619,000 new text end |
new text begin
2,619,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
1,009,000 new text end |
new text begin
1,009,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
1,610,000 new text end |
new text begin
1,610,000 new text end |
new text begin
$1,610,000 each year is from the
telecommunication access Minnesota fund
account in the special revenue fund for the
following transfers. This appropriation is
added to the department's base.
new text end
new text begin
(1) $1,170,000 each year is to the
commissioner of human services to
supplement the ongoing operational expenses
of the Commission of Deaf, DeafBlind, and
Hard-of-Hearing Minnesotans;
new text end
new text begin
(2) $290,000 each year is to the chief
information officer for the purpose of
coordinating technology accessibility and
usability;
new text end
new text begin
(3) $100,000 each year is to the Legislative
Coordinating Commission for captioning of
legislative coverage. This transfer is subject
to Minnesota Statutes, section 16A.281; and
new text end
new text begin
(4) $50,000 each year is to the Office of
MN.IT Services for a consolidated access fund
to provide grants to other state agencies related
to accessibility of their Web-based services.
new text end
new text begin Subd. 6. new text end
new text begin
Enforcement
|
new text begin
5,672,000 new text end |
new text begin
5,472,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
5,474,000 new text end |
new text begin
5,274,000 new text end |
|
new text begin
Workers' Compensation new text end |
new text begin
198,000 new text end |
new text begin
198,000 new text end |
new text begin
(a) $279,000 each year is for health care
enforcement.
new text end
new text begin
(b)(1) $200,000 in fiscal year 2018 is to create
and execute a statewide education and
outreach campaign to protect seniors, meaning
those 60 years of age or older, vulnerable
adults, as defined in Minnesota Statutes,
section 626.5572, subdivision 21, and their
caregivers from financial fraud and
exploitation.
new text end
new text begin
(2) The education and outreach campaign must
be statewide, and must include, but is not
limited to, the dissemination of information
through television, print, or other media,
training and outreach to senior living facilities,
and the creation of a senior fraud toolkit.
new text end
new text begin
(3) The commissioner of commerce shall
report by January 15, 2018, to the chairs and
ranking minority members of the committees
of the house of representatives and senate
having jurisdiction over commerce issues
regarding the results of the statewide education
and outreach campaign, and recommendations
for supporting ongoing efforts to prevent
financial fraud from occurring to, and the
financial exploitation of, seniors, vulnerable
adults, and their caregivers.
new text end
new text begin
(c) The revenue transferred in Minnesota
Statutes, section 297I.11, subdivision 2, to the
insurance fraud prevention account must be
used in part for compensation for two new
employees in the Commerce Fraud Bureau to
perform analytical duties. The new employees
must not be peace officers.
new text end
new text begin Subd. 7. new text end
new text begin
Energy Resources
|
new text begin
4,847,000 new text end |
new text begin
4,847,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
4,247,000 new text end |
new text begin
4,247,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
600,000 new text end |
new text begin
600,000 new text end |
new text begin
(a) $150,000 each year is to remediate
vermiculate insulation from households that
are eligible for weatherization assistance under
Minnesota's weatherization assistance program
state plan under Minnesota Statutes, section
216C.264. Remediation must be done in
conjunction with federal weatherization
assistance program services.
new text end
new text begin
(b) $832,000 each year is for energy regulation
and planning unit staff.
new text end
new text begin
(c) $100,000 each year is from the renewable
development account in the special revenue
fund established in Minnesota Statutes, section
116C.779, subdivision 1, to administer the
"Made in Minnesota" solar energy production
incentive program in Minnesota Statutes,
section 216C.417. Any remaining unspent
funds cancel back to the renewable
development account at the end of the
biennium.
new text end
new text begin
(d) $500,000 each year is from the renewable
development account in the special revenue
fund established in Minnesota Statutes, section
116C.779, subdivision 1, for costs associated
with any third-party expert evaluation of a
proposal submitted in response to a request
for proposal to the renewable development
advisory group under Minnesota Statutes,
section 116C.779, subdivision 1, paragraph
(l). No portion of this appropriation may be
expended or retained by the commissioner of
commerce. Any funds appropriated under this
paragraph that are unexpended at the end of a
fiscal year cancel to the renewable
development account.
new text end
new text begin Subd. 8. new text end
new text begin
Insurance
|
new text begin
4,989,000 new text end |
new text begin
4,969,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
4,436,000 new text end |
new text begin
4,416,000 new text end |
|
new text begin
Workers' Compensation new text end |
new text begin
553,000 new text end |
new text begin
553,000 new text end |
new text begin
(a) $642,000 each year is for health insurance
rate review staffing.
new text end
new text begin
(b) $412,000 each year is for actuarial work
to prepare for implementation of
principle-based reserves.
new text end
new text begin
(c) $20,000 in fiscal year 2018 is for payment
of two years of membership dues for
Minnesota to the National Conference of
Insurance Legislators. This is a onetime
appropriation.
new text end
Sec. 8. new text begin PUBLIC UTILITIES COMMISSION
|
new text begin
$ new text end |
new text begin
7,465,000 new text end |
new text begin
$ new text end |
new text begin
7,465,000 new text end |
||
new text begin
$21,000 each year is for the purposes of
Minnesota Statutes, section 237.045.
new text end
Sec. 9. new text begin PUBLIC FACILITIES AUTHORITY
|
new text begin
$ new text end |
new text begin
1,800,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
(a) $300,000 in fiscal year 2018 is for a grant
to the city of New Trier to replace water
infrastructure under Hogan Avenue, including
related road reconstruction, and to acquire land
for predesign, design, and construction of a
storm water pond that will be colocated with
the pond of the new subdivision. This
appropriation does not require a nonstate
contribution.
new text end
new text begin
(b) $600,000 in fiscal year 2018 is for a grant
to the Ramsey/Washington Recycling and
Energy Board to design, construct, and equip
capital improvements to the
Ramsey/Washington Recycling and Energy
Center in Newport.
new text end
new text begin
(c) $900,000 in fiscal year 2018 is for a grant
to the Clear Lake-Clearwater Sewer Authority
to remove and replace the existing wastewater
treatment facility. This project is intended to
prevent the discharge of phosphorus into the
Mississippi River. This appropriation is not
available until the commissioner of
management and budget determines that at
least $200,000 is committed to the project
from nonstate sources and the authority has
applied for at least two grants to offset the
cost. An amount equal to any grant money
received by the authority must be returned to
the general fund.
new text end
ARTICLE 2
LABOR AND INDUSTRY
Section 1.
Minnesota Statutes 2016, section 175.45, is amended to read:
175.45 deleted text begin COMPETENCYdeleted text end STANDARDS FOR DUAL TRAINING.
Subdivision 1.
Duties; goal.
The commissioner of labor and industry shall new text begin convene
industry representatives, new text end identify new text begin occupational new text end competency standards deleted text begin for dual trainingdeleted text end new text begin , and
provide technical assistance to develop dual-training programsnew text end . deleted text begin The goal of dual training
is to provide employees of an employer with training to acquire competencies that the
employer requires.deleted text end The new text begin competency new text end standards shall be identified for employment in
occupations in advanced manufacturing, health care services, information technology, and
agriculture. Competency standards are not rules and are exempt from the rulemaking
provisions of chapter 14, and the provisions in section 14.386 concerning exempt rules do
not apply.
Subd. 2.
deleted text begin Definition; competency standardsdeleted text end new text begin Definitionsnew text end .
For purposes of this section,
new text begin the following terms have the meanings given them:
new text end
new text begin (1) new text end "competency standards" means the specific knowledge and skills necessary for a
particular occupationdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(2) "dual-training program" means an employment-based earn-as-you-learn program
where the trainee is employed by a participating employer and receives structured on-the-job
training and technical instruction in accordance with the competency standards.
new text end
Subd. 3.
Competency standards identification process.
In identifying competency
standards, the commissioner shall consult with the commissioner of the Office of Higher
Education and the commissioner of employment and economic development and convene
recognized industry experts, representative employers, higher education institutions,
representatives of the disabled community, and representatives of labor to assist in identifying
credible competency standards. Competency standards must be consistent with, to the extent
available and practical, recognized international and national standards.
Subd. 4.
Duties.
The commissioner shall:
(1) new text begin convene industry representatives to identify, develop, and implement dual-training
programs;
new text end
new text begin (2) new text end identify competency standards for deleted text begin entry leveldeleted text end new text begin entry-levelnew text end and higher skill levels;
deleted text begin (2)deleted text end new text begin (3)new text end verify the competency standards and skill levels and their transferability by subject
matter expert representatives of each respective industry;
deleted text begin (3)deleted text end new text begin (4)new text end develop models for Minnesota educational institutions to engage in providing
education and training to meet the competency standards established;
deleted text begin (4)deleted text end new text begin (5)new text end encourage participation by employers and labor in the new text begin competency new text end standard
identification process for occupations in their industry; deleted text begin and
deleted text end
deleted text begin (5)deleted text end new text begin (6)new text end align deleted text begin dual training competency standardsdeleted text end new text begin dual-training programsnew text end with other
workforce initiativesdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(7) provide technical assistance to develop dual-training programs.
new text end
Subd. 5.
Notification.
The commissioner must communicate identified competency
standards to the commissioner of the Office of Higher Education for the purpose of the deleted text begin dual
trainingdeleted text end new text begin dual-trainingnew text end competency grant program under section 136A.246. The commissioner
of labor and industry shall maintain the competency standards on the department's Web
site.
Sec. 2.
new text begin
[175.46] YOUTH SKILLS TRAINING PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Program established; grants authorized. new text end
new text begin
The commissioner shall
approve youth skills training programs established for the purpose of providing work-based
skills training for student learners ages 16 and older. The commissioner shall award grants
to local partnerships for the implementation and coordination of local youth skills training
programs as provided in this section.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the terms in this subdivision have
the meanings given.
new text end
new text begin
(b) "School district" means a school district or charter school.
new text end
new text begin
(c) "Local partnership" means a school district, nonpublic school, intermediate school
district, or postsecondary institution, in partnership with other school districts, nonpublic
schools, intermediate school districts, postsecondary institutions, workforce development
authorities, economic development authorities, nonprofit organizations, labor unions, or
individuals who have an agreement with one or more local employers to be responsible for
implementing and coordinating a local youth skills training program.
new text end
new text begin
(d) "Student learner" means a student who is both enrolled in a course of study at a public
or nonpublic school to obtain related instruction for academic credit and is employed under
a written agreement to obtain on-the-job skills training under a youth skills training program
approved under this section.
new text end
new text begin
(e) "Commissioner" means the commissioner of labor and industry.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
(a) The commissioner shall:
new text end
new text begin
(1) approve youth skills training programs in high-growth, high-demand occupations
that provide:
new text end
new text begin
(i) that the work of the student learner in the occupations declared particularly hazardous
shall be incidental to the training;
new text end
new text begin
(ii) that the work shall be intermittent and for short periods of time, and under the direct
and close supervision of a qualified and experienced person;
new text end
new text begin
(iii) that safety instruction shall be provided to the student learner and may be given by
the school and correlated by the employer with on-the-job training;
new text end
new text begin
(iv) a schedule of organized and progressive work processes to be performed on the job;
new text end
new text begin
(v) a schedule of wage rates in compliance with section 177.24; and
new text end
new text begin
(vi) whether the student learner will obtain secondary school academic credit,
postsecondary credit, or both, for the training program;
new text end
new text begin
(2) approve occupations and maintain a list of approved occupations for programs under
this section;
new text end
new text begin
(3) issue requests for proposals for grants;
new text end
new text begin
(4) work with individuals representing industry and labor to develop new youth skills
training programs;
new text end
new text begin
(5) develop model program guides;
new text end
new text begin
(6) monitor youth skills training programs;
new text end
new text begin
(7) provide technical assistance to local partnership grantees;
new text end
new text begin
(8) work with providers to identify paths for receiving postsecondary credit for
participation in the youth skills training program; and
new text end
new text begin
(9) approve other activities as necessary to implement the program.
new text end
new text begin
(b) The commissioner shall collaborate with stakeholders, including, but not limited to,
representatives of secondary school institutions, career and technical education instructors,
postsecondary institutions, businesses, and labor, in developing youth skills training
programs, and identifying and approving occupations and competencies for youth skills
training programs.
new text end
new text begin Subd. 4. new text end
new text begin Training agreement. new text end
new text begin
Each student learner shall sign a written training agreement
on a form prescribed by the commissioner. Each agreement shall contain the name of the
student learner, and be signed by the employer, the school coordinator or administrator, and
the student learner, or if the student learner is a minor, by the student's parent or legal
guardian. Copies of each agreement shall be kept on file by both the school and the employer.
new text end
new text begin Subd. 5. new text end
new text begin Program approval. new text end
new text begin
The commissioner may grant exemptions from the
provisions of chapter 181A for student learners participating in youth skills training programs
approved by the commissioner under this section. The approval of a youth skills training
program will be reviewed annually. The approval of a youth skills training program may
be revoked at any time if the commissioner finds that:
new text end
new text begin
(1) all provisions of subdivision 3 have not been met in the previous year; or
new text end
new text begin
(2) reasonable precautions have not been observed for the safety of minors.
new text end
new text begin
The commissioner shall maintain and annually update a list of occupations and tasks suitable
for student learners in compliance with federal law.
new text end
new text begin Subd. 6. new text end
new text begin Interactions with education finance. new text end
new text begin
(a) For the purpose of computing state
aids for the enrolling school district, the hours a student learner participates in a youth skills
training program under this section must be counted in the student's hours of average daily
membership under section 126C.05.
new text end
new text begin
(b) Educational expenses for a participating student learner must be included in the
enrolling district's career and technical revenue as provided under section 124D.4531.
new text end
new text begin Subd. 7. new text end
new text begin Academic credit. new text end
new text begin
A school district may grant academic credit to student learners
participating in youth skills training programs under this section in accordance with local
requirements.
new text end
new text begin Subd. 8. new text end
new text begin Postsecondary credit. new text end
new text begin
A postsecondary institution may award postsecondary
credit to a student learner who successfully completes a youth skills training program.
new text end
new text begin Subd. 9. new text end
new text begin Work-based learning program. new text end
new text begin
A youth skills training program shall qualify
as a work-based learning program if it meets requirements for a career and technical education
program and is supervised by a qualified teacher with appropriate licensure for a work-based
learning teacher-coordinator.
new text end
new text begin Subd. 10. new text end
new text begin School coordinator. new text end
new text begin
Unless otherwise required for a work-based learning
program, a youth skills training program may be supervised by a qualified teacher or by an
administrator as determined by the school district.
new text end
new text begin Subd. 11. new text end
new text begin Other apprenticeship programs. new text end
new text begin
(a) This section shall not affect programs
under section 124D.47.
new text end
new text begin
(b) A registered apprenticeship program governed by chapter 178 may grant credit
toward the completion of a registered apprenticeship for the successful completion of a
youth skills training program under this section.
new text end
new text begin Subd. 12. new text end
new text begin Grant applications. new text end
new text begin
(a) Applications for grants must be made to the
commissioner on a form provided by the commissioner.
new text end
new text begin
(b) A local partnership may apply for a grant and shall include in its grant application:
new text end
new text begin
(1) the identity of each school district, public agency, nonprofit organization, or individual
who is a participant in the local partnership;
new text end
new text begin
(2) the identity of each employer who is a participant in the local partnership and the
amount of matching funds provided by each employer, if any;
new text end
new text begin
(3) a plan to accomplish the implementation and coordination of activities specified in
this subdivision; and
new text end
new text begin
(4) the identity of a fiscal agent responsible for receiving, managing, and accounting for
the grant.
new text end
new text begin Subd. 13. new text end
new text begin Grant awards. new text end
new text begin
(a) A local partnership awarded a grant under this section
must use the grant award for any of the following implementation and coordination activities:
new text end
new text begin
(1) recruiting additional employers to provide on-the-job training and supervision for
student learners and providing technical assistance to those employers;
new text end
new text begin
(2) recruiting students to participate in the local youth skills training program, monitoring
the progress of student learners participating in the program, and monitoring program
outcomes;
new text end
new text begin
(3) coordinating youth skills training activities within participating school districts and
among participating school districts, postsecondary institutions, and employers;
new text end
new text begin
(4) coordinating academic, vocational and occupational learning, school-based and
work-based learning, and secondary and postsecondary education for participants in the
local youth skills training program;
new text end
new text begin
(5) coordinating transportation for student learners participating in the local youth skills
training program; and
new text end
new text begin
(6) any other implementation or coordination activity that the commissioner may direct
or permit the local partnership to perform.
new text end
new text begin
(b) Grant awards may not be used to directly or indirectly pay the wages of a student
learner.
new text end
new text begin Subd. 14. new text end
new text begin Outcomes. new text end
new text begin
The following outcomes are expected of a local youth skills training
program:
new text end
new text begin
(1) at least 80 percent of the student learners who participate in a youth skills training
program receive a high school diploma when eligible upon completion of the training
program; and
new text end
new text begin
(2) at least 60 percent of the student learners who participate in a youth skills training
program receive a recognized credential upon completion of the training program.
new text end
new text begin Subd. 15. new text end
new text begin Reporting. new text end
new text begin
(a) By February 1, 2019, and annually thereafter, the commissioner
shall report on the activity and outcomes of the program for the preceding fiscal year to the
chairs of the legislative committees with jurisdiction over jobs and economic growth policy
and finance. At a minimum, the report must include:
new text end
new text begin
(1) the number of student learners who commenced the training program and the number
who completed the training program; and
new text end
new text begin
(2) recommendations, if any, for changes to the program.
new text end
new text begin
(b) The initial report shall include a detailed description of the differences between the
state and federal systems in child safety standards.
new text end
Sec. 3.
Minnesota Statutes 2016, section 326B.092, subdivision 7, is amended to read:
Subd. 7.
License fees and license renewal fees.
(a) The license fee for each license is
the base license fee plus any applicable board fee, continuing education fee, and contractor
recovery fund fee and additional assessment, as set forth in this subdivision.
(b) For purposes of this section, "license duration" means the number of years for which
the license is issued except that if the initial license is not issued for a whole number of
years, the license duration shall be rounded up to the next whole number.
(c) The base license fee shall depend on whether the license is classified as an entry
level, master, journeyman, or business license, and on the license duration. The base license
fee shall be:
| License Classification |
License Duration |
||
| 1 year |
2 years |
||
| Entry level |
$10 |
$20 |
|
| Journeyworker |
$20 |
$40 |
|
| Master |
$40 |
$80 |
|
| Business |
$180 |
(d) If there is a continuing education requirement for renewal of the license, then a
continuing education fee must be included in the renewal license fee. The continuing
education fee for all license classifications shall be: $10 if the renewal license duration is
one year; and $20 if the renewal license duration is two years.
(e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to 326B.925,
then a board fee must be included in the license fee and the renewal license fee. The board
fee for all license classifications shall be: $4 if the license duration is one year; and $8 if
the license duration is two years.
(f) If the application is for the renewal of a license issued under sections 326B.802 to
326B.885, then the contractor recovery fund fee required under section 326B.89, subdivision
3, and any additional assessment required under section 326B.89, subdivision 16, must be
included in the license renewal fee.
(g) Notwithstanding the fee amounts described in paragraphs (c) to (f), for the period
July 1, deleted text begin 2015deleted text end new text begin 2017new text end , through deleted text begin June 30, 2017deleted text end new text begin September 30, 2021new text end , the following fees apply:
| License Classification |
License Duration |
||
| 1 year |
2 years |
||
| Entry level |
$10 |
$20 |
|
| Journeyworker |
$15 |
deleted text begin
$35 deleted text end new text begin $30 new text end |
|
| Master |
$30 |
deleted text begin
$75 deleted text end new text begin $60 new text end |
|
| Business |
deleted text begin
$160 deleted text end new text begin $120 new text end |
If there is a continuing education requirement for renewal of the license, then a continuing
education fee must be included in the renewal license fee. The continuing education fee for
all license classifications shall be $5.
Sec. 4.
new text begin
[326B.108] PLACES OF PUBLIC ACCOMMODATION SUBJECT TO
CODE.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "place of public accommodation"
means a publicly or privately owned facility that is designed for occupancy by 200 or more
people and includes a sports or entertainment arena, stadium, theater, community or
convention hall, special event center, indoor amusement facility or water park, or swimming
pool.
new text end
new text begin Subd. 2. new text end
new text begin Application. new text end
new text begin
Construction, additions, and alterations to a place of public
accommodation must be designed and constructed to comply with the State Building Code.
new text end
new text begin Subd. 3. new text end
new text begin Enforcement. new text end
new text begin
In a municipality that has not adopted the code by ordinance
under section 326B.121, subdivision 2, the commissioner shall enforce this section in
accordance with section 326B.107, subdivision 1.
new text end
new text begin Subd. 4. new text end
new text begin Fire protection systems. new text end
new text begin
If fire protection systems regulated by chapter 299M
are required in a place of public accommodation, then those plan reviews and inspections
shall be conducted by the state fire marshal.
new text end
Sec. 5.
Minnesota Statutes 2016, section 326B.153, subdivision 1, is amended to read:
Subdivision 1.
Building permits.
(a) Fees for building permits submitted as required
in section deleted text begin 326B.106deleted text end new text begin 326B.107new text end include:
(1) the fee as set forth in the fee schedule in paragraph (b) or as adopted by a municipality;
and
(2) the surcharge required by section 326B.148.
(b) The total valuation and fee schedule is:
(1) $1 to $500, deleted text begin $29.50deleted text end new text begin $21new text end ;
(2) $501 to $2,000, deleted text begin $28deleted text end new text begin $21new text end for the first $500 plus deleted text begin $3.70deleted text end new text begin $2.75new text end for each additional $100
or fraction thereof, to and including $2,000;
(3) $2,001 to $25,000, deleted text begin $83.50deleted text end new text begin $62.25new text end for the first $2,000 plus deleted text begin $16.55deleted text end new text begin $12.50new text end for each
additional $1,000 or fraction thereof, to and including $25,000;
(4) $25,001 to $50,000, deleted text begin $464.15deleted text end new text begin $349.75new text end for the first $25,000 plus deleted text begin $12deleted text end new text begin $9new text end for each
additional $1,000 or fraction thereof, to and including $50,000;
(5) $50,001 to $100,000, deleted text begin $764.15deleted text end new text begin $574.75new text end for the first $50,000 plus deleted text begin $8.45deleted text end new text begin $6.25new text end for
each additional $1,000 or fraction thereof, to and including $100,000;
(6) $100,001 to $500,000, deleted text begin $1,186.65deleted text end new text begin $887.25new text end for the first $100,000 plus deleted text begin $6.75deleted text end new text begin $5new text end for
each additional $1,000 or fraction thereof, to and including $500,000;
(7) $500,001 to $1,000,000, deleted text begin $3,886.65deleted text end new text begin $2,887.25new text end for the first $500,000 plus deleted text begin $5.50deleted text end new text begin $4.25new text end
for each additional $1,000 or fraction thereof, to and including $1,000,000; and
(8) $1,000,001 and up, deleted text begin $6,636.65deleted text end new text begin $5,012.25new text end for the first $1,000,000 plus deleted text begin $4.50deleted text end new text begin $2.75new text end
for each additional $1,000 or fraction thereof.
(c) Other inspections and fees are:
(1) inspections outside of normal business hours (minimum charge two hours), $63.25
per hour;
(2) reinspection fees, $63.25 per hour;
(3) inspections for which no fee is specifically indicated (minimum charge one-half
hour), $63.25 per hour; and
(4) additional plan review required by changes, additions, or revisions to approved plans
(minimum charge one-half hour), $63.25 per hour.
(d) If the actual hourly cost to the jurisdiction under paragraph (c) is greater than $63.25,
then the greater rate shall be paid. Hourly cost includes supervision, overhead, equipment,
hourly wages, and fringe benefits of the employees involved.
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (a) is effective July 1, 2017. Paragraph (b) is effective
July 1, 2017, and the amendments to it expire October 1, 2021.
new text end
Sec. 6.
Minnesota Statutes 2016, section 326B.37, is amended by adding a subdivision to
read:
new text begin Subd. 16. new text end
new text begin Wind electric systems. new text end
new text begin
(a) The inspection fee for the installation of a wind
turbine is:
new text end
new text begin
(1) zero watts to and including 100,000 watts, $80;
new text end
new text begin
(2) 100,001 watts to and including 500,000 watts, $105;
new text end
new text begin
(3) 500,001 watts to and including 1,000,000 watts, $120;
new text end
new text begin
(4) 1,000,001 watts to and including 1,500,000 watts, $125;
new text end
new text begin
(5) 1,500,001 watts to and including 2,000,000 watts, $130;
new text end
new text begin
(6) 2,000,001 watts to and including 3,000,000 watts, $145; and
new text end
new text begin
(7) 3,000,001 watts and larger, $160.
new text end
new text begin
(b) For the purpose of paragraph (a), the watt rating is the total estimated alternating
current energy output of one individual wind turbine.
new text end
Sec. 7.
Minnesota Statutes 2016, section 326B.37, is amended by adding a subdivision to
read:
new text begin Subd. 17. new text end
new text begin Solar photovoltaic systems. new text end
new text begin
(a) The inspection fee for the installation of a
solar photovoltaic system is:
new text end
new text begin
(1) zero watts to and including 5,000 watts, $60;
new text end
new text begin
(2) 5,001 watts to and including 10,000 watts, $100;
new text end
new text begin
(3) 10,001 watts to and including 20,000 watts, $150;
new text end
new text begin
(4) 20,001 watts to and including 30,000 watts, $200;
new text end
new text begin
(5) 30,001 watts to and including 40,000 watts, $250;
new text end
new text begin
(6) 40,001 watts to and including 1,000,000 watts, $250, and $25 for each additional
10,000 watts over 40,000 watts;
new text end
new text begin
(7) 1,000,001 watts to 5,000,000 watts, $2,650, and $15 for each additional 10,000 watts
over 1,000,000 watts; and
new text end
new text begin
(8) 5,000,001 watts and larger, $8,650, and $10 for each additional 10,000 watts over
5,000,000 watts.
new text end
new text begin
(b) For the purpose of paragraph (a), the watt rating is the total estimated alternating
current energy output of the solar photovoltaic system.
new text end
Sec. 8.
Minnesota Statutes 2016, section 326B.435, subdivision 2, is amended to read:
Subd. 2.
Powers; duties; administrative support.
(a) The board shall have the power
to:
(1) elect its chair, vice-chair, and secretary;
(2) adopt bylaws that specify the duties of its officers, the meeting dates of the board,
and containing such other provisions as may be useful and necessary for the efficient conduct
of the business of the board;
(3) adopt the Plumbing Code that must be followed in this state and any Plumbing Code
amendments thereto. The Plumbing Code shall include the minimum standards described
in sections 326B.43, subdivision 1, and 326B.52, subdivision 1. The board shall adopt the
Plumbing Code and any amendments thereto pursuant to chapter 14 and as provided in
subdivision 6, paragraphs (b), (c), and (d);
(4) review requests for final interpretations and issue final interpretations as provided
in section 326B.127, subdivision 5;
(5) adopt rules that regulate the licensure, certification, or registration of plumbing
contractors, journeymen, unlicensed individuals, master plumbers, restricted master plumbers,
restricted journeymen, restricted plumbing contractors, backflow prevention rebuilders and
testers, water conditioning contractors, and water conditioning installers, and other persons
engaged in the design, installation, and alteration of plumbing systems or engaged in or
working at the business of water conditioning installation or service, or engaged in or
working at the business of medical gas system installation, maintenance, or repair, except
for those individuals licensed under section 326.02, subdivisions 2 and 3. The board shall
adopt these rules pursuant to chapter 14 and as provided in subdivision 6, paragraphs (e)
and (f);
(6) adopt rules that regulate continuing education for individuals licensed as master
plumbers, journeyman plumbers, restricted master plumbers, restricted journeyman plumbers,
new text begin registered unlicensed individuals, new text end water conditioning deleted text begin contractorsdeleted text end new text begin mastersnew text end , and water
conditioning deleted text begin installersdeleted text end new text begin journeymennew text end , and for individuals certified under sections 326B.437
and 326B.438. The board shall adopt these rules pursuant to chapter 14 and as provided in
subdivision 6, paragraphs (e) and (f);
(7) refer complaints or other communications to the commissioner, whether oral or
written, as provided in subdivision 8, that allege or imply a violation of a statute, rule, or
order that the commissioner has the authority to enforce pertaining to code compliance,
licensure, or an offering to perform or performance of unlicensed plumbing services;
(8) approve per diem and expenses deemed necessary for its members as provided in
subdivision 3;
(9) approve license reciprocity agreements;
(10) select from its members individuals to serve on any other state advisory council,
board, or committee; and
(11) recommend the fees for licenses, registrations, and certifications.
Except for the powers granted to the Plumbing Board, the Board of Electricity, and the
Board of High Pressure Piping Systems, the commissioner of labor and industry shall
administer and enforce the provisions of this chapter and any rules promulgated pursuant
thereto.
(b) The board shall comply with section 15.0597, subdivisions 2 and 4.
(c) The commissioner shall coordinate the board's rulemaking and recommendations
with the recommendations and rulemaking conducted by the other boards created pursuant
to this chapter. The commissioner shall provide staff support to the board. The support
includes professional, legal, technical, and clerical staff necessary to perform rulemaking
and other duties assigned to the board. The commissioner of labor and industry shall supply
necessary office space and supplies to assist the board in its duties.
Sec. 9.
Minnesota Statutes 2016, section 326B.50, subdivision 3, is amended to read:
Subd. 3.
Water conditioning installation.
"Water conditioning installation" means the
installation of appliances, appurtenances, and fixtures designed to treat water so as to alter,
modify, add or remove mineral, chemical or bacterial content, said installation to be made
in a water distribution system servingnew text begin :
new text end
new text begin (1)new text end a single family residential unit, which has been initially established by a licensed
plumber, and does not involve a direct connection without an air gap to a soil or waste pipedeleted text begin .deleted text end new text begin ;
or
new text end
new text begin
(2) a multifamily or nonresidential building, where the plumbing installation has been
initially established by a licensed plumber. Isolation valves shall be required for all water
conditioning installations and shall be readily accessible. Water conditioning installation
does not include:
new text end
new text begin
(i) a valve that allows isolation of the water conditioning installation;
new text end
new text begin
(ii) piping greater than two-inch nominal pipe size; or
new text end
new text begin
(iii) a direct connection without an air gap to a soil or waste pipe.
new text end
Sec. 10.
Minnesota Statutes 2016, section 326B.50, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Direct supervision. new text end
new text begin
"Direct supervision," with respect to direct supervision of
a registered unlicensed individual, means that:
new text end
new text begin
(1) at all times while the registered unlicensed individual is performing water conditioning
installation work, a direct supervisor is present at the location where the registered unlicensed
individual is working;
new text end
new text begin
(2) the direct supervisor is physically present and immediately available to the registered
unlicensed individual at all times for assistance and direction;
new text end
new text begin
(3) any form of electronic supervision does not meet the requirement of being physically
present;
new text end
new text begin
(4) the direct supervisor reviews the water conditioning installation work performed by
the registered unlicensed individual before the water conditioning installation is operated;
and
new text end
new text begin
(5) the direct supervisor determines that all water conditioning installation work
performed by the registered unlicensed individual is performed in compliance with sections
326B.50 to 326B.59, all rules adopted under these sections, the Minnesota Plumbing Code,
and all orders issued under section 326B.082.
new text end
Sec. 11.
Minnesota Statutes 2016, section 326B.50, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Direct supervisor. new text end
new text begin
"Direct supervisor" means a master plumber, journeyman
plumber, restricted master plumber, restricted journeyman plumber, water conditioning
master, or water conditioning journeyman responsible for providing direct supervision of
a registered unlicensed individual.
new text end
Sec. 12.
Minnesota Statutes 2016, section 326B.55, subdivision 2, is amended to read:
Subd. 2.
Qualifications for licensing.
(a) A water conditioning master license shall be
issued only to an individual who has demonstrated skill in planning, superintending, deleted text begin anddeleted text end
servicingnew text begin , and installingnew text end water conditioning installations, and has successfully passed the
examination for water conditioning masters. A water conditioning journeyman license shall
only be issued to an individual other than a water conditioning master who has demonstrated
practical knowledge of water conditioning installation, and has successfully passed the
examination for water conditioning journeymen. A water conditioning journeyman must
successfully pass the examination for water conditioning masters before being licensed as
a water conditioning master.
(b) Each water conditioning contractor must designate a responsible licensed master
plumber or a responsible licensed water conditioning master, who shall be responsible for
the performance of all water conditioning installation and servicing in accordance with the
requirements of sections 326B.50 to 326B.59, all rules adopted under sections 326B.50 to
326B.59, the Minnesota Plumbing Code, and all orders issued under section 326B.082. If
the water conditioning contractor is an individual or sole proprietorship, the responsible
licensed master must be the individual, proprietor, or managing employee. If the water
conditioning contractor is a partnership, the responsible licensed master must be a general
partner or managing employee. If the water conditioning contractor is a limited liability
company, the responsible licensed master must be a chief manager or managing employee.
If the water conditioning contractor is a corporation, the responsible licensed master must
be an officer or managing employee. If the responsible licensed master is a managing
employee, the responsible licensed master must be actively engaged in performing water
conditioning work on behalf of the water conditioning contractor and cannot be employed
in any capacity as a water conditioning master or water conditioning journeyman for any
other water conditioning contractor. An individual must not be the responsible licensed
master for more than one water conditioning contractor.
(c) All applications and renewals for water conditioning contractor licenses shall include
a verified statement that the applicant or licensee has complied with paragraph (b).
(d) Each application and renewal for a water conditioning master license, water
conditioning journeyman license, or a water conditioning contractor license shall be
accompanied by all fees required by section 326B.092.
Sec. 13.
Minnesota Statutes 2016, section 326B.55, subdivision 4, is amended to read:
Subd. 4.
Plumber's apprentices.
(a) A plumber's apprentice who is registered under
section 326B.47 is authorized to assist in water conditioning installation and water
conditioning servicing only while under the direct supervision of a master plumber,
journeyman plumber, new text begin restricted master plumber, restricted journeyman plumber, new text end water
conditioning master, or water conditioning journeyman. The master or journeyman is
responsible for ensuring that all water conditioning work performed by the plumber's
apprentice complies with the plumbing code and rules adopted under sections 326B.50 to
326B.59. The supervising master or journeyman must be licensed and must be employed
by the same employer as the plumber's apprentice. Licensed individuals shall not permit
plumber's apprentices to perform water conditioning work except under the direct supervision
of an individual actually licensed to perform such work. Plumber's apprentices shall not
supervise the performance of plumbing work or make assignments of plumbing work to
unlicensed individuals.
(b) Water conditioning contractors employing plumber's apprentices to perform water
conditioning work shall maintain records establishing compliance with this subdivision that
shall identify all plumber's apprentices performing water conditioning work, and shall permit
the department to examine and copy all such records.
Sec. 14.
new text begin
[326B.555] REGISTERED UNLICENSED INDIVIDUALS.
new text end
new text begin Subdivision 1. new text end
new text begin Registration; supervision; records. new text end
new text begin
(a) All unlicensed individuals
engaged in water conditioning installation must be registered under subdivision 3.
new text end
new text begin
(b) A registered unlicensed individual is authorized to assist in water conditioning
installations in a single family residential unit only when a master plumber, journeyman
plumber, restricted master plumber, restricted journeyman plumber, water conditioning
master, or water conditioning journeyman is available and responsible for ensuring that all
water conditioning installation work performed by the unlicensed individual complies with
the applicable provisions of the plumbing and water conditioning codes and rules adopted
pursuant to such codes. For all other water conditioning installation work, the registered
unlicensed individual must be under the direct supervision of a responsible licensed water
conditioning master.
new text end
new text begin
(c) Water conditioning contractors employing registered unlicensed individuals to perform
water conditioning installation work shall maintain records establishing compliance with
this subdivision that shall identify all unlicensed individuals performing water conditioning
installations, and shall permit the department to examine and copy all such records.
new text end
new text begin Subd. 2. new text end
new text begin Journeyman exam. new text end
new text begin
A registered unlicensed individual who has completed
875 hours of practical water conditioning installation, servicing, and training is eligible to
take the water conditioning journeyman examination. Up to 100 hours of practical water
conditioning installation and servicing experience prior to becoming a registered unlicensed
individual may be applied to the practical experience requirement. However, none of this
practical experience may be applied if the unlicensed individual did not have any practical
experience in the 12-month period immediately prior to becoming a registered unlicensed
individual.
new text end
new text begin Subd. 3. new text end
new text begin Registration, renewals, and fees. new text end
new text begin
An unlicensed individual may register by
completing and submitting to the commissioner an application form provided by the
commissioner, with all fees required by section 326B.58. A completed application form
must state the date, the individual's age, schooling, previous experience and employer, and
other information required by the commissioner. The plumbing board may prescribe rules,
not inconsistent with this section, for the registration of unlicensed individuals. Applications
for initial registration may be submitted at any time. Registration must be renewed annually
and shall be for the period from July 1 of each year to June 30 of the following year.
new text end
Sec. 15.
Minnesota Statutes 2016, section 326B.89, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have
the meanings given them.
(b) "Gross annual receipts" means the total amount derived from residential contracting
or residential remodeling activities, regardless of where the activities are performed, and
must not be reduced by costs of goods sold, expenses, losses, or any other amount.
(c) "Licensee" means a person licensed as a residential contractor or residential remodeler.
(d) "Residential real estate" means a new or existing building constructed for habitation
by one to four families, and includes detached garagesnew text begin intended for storage of vehicles
associated with the residential real estatenew text end .
(e) "Fund" means the contractor recovery fund.
(f) "Owner" when used in connection with real property, means a person who has any
legal or equitable interest in real property and includes a condominium or townhome
association that owns common property located in a condominium building or townhome
building or an associated detached garage. Owner does not include any real estate developer
or any owner using, or intending to use, the property for a business purpose and not as
owner-occupied residential real estate.
Sec. 16.
Minnesota Statutes 2016, section 326B.89, subdivision 5, is amended to read:
Subd. 5.
Payment limitations.
The commissioner shall not pay compensation from the
fund to an owner or a lessee in an amount greater than $75,000 per licensee. The
commissioner shall not pay compensation from the fund to owners and lessees in an amount
that totals more than deleted text begin $150,000deleted text end new text begin $300,000new text end per licensee. The commissioner shall only pay
compensation from the fund for a final judgment that is based on a contract directly between
the licensee and the homeowner or lessee that was entered into prior to the cause of action
and that requires licensure as a residential building contractor or residential remodeler.
Sec. 17.
Laws 2015, First Special Session chapter 1, article 1, section 5, subdivision 2, is
amended to read:
Subd. 2.Workers' Compensation
|
15,226,000 |
17,782,000 |
||||
This appropriation is from the workers'
compensation fund.
$4,000,000 in fiscal year 2016 and $6,000,000
in fiscal year 2017 are for workers'
compensation system upgradesnew text begin and are
available through June 30, 2021new text end . The base
appropriation for this purpose is $3,000,000
in fiscal year 2018 and $3,000,000 in fiscal
year 2019. The base appropriation for fiscal
year 2020 and beyond is zero.
This appropriation includes funds for
information technology project services and
support subject to the provisions of Minnesota
Statutes, section 16E.0466. Any ongoing
information technology costs will be
incorporated into the service level agreement
and will be paid to the Office of MN.IT
Services by the commissioner of labor and
industry under the rates and mechanism
specified in that agreement.
Sec. 18.
Laws 2017, chapter 68, article 1, section 1, is amended to read:
Section 1.
Minnesota Statutes 2016, section 181A.04, subdivision 6, is amended to read:
Subd. 6.
Time of day, high school students.
A high school student must not be permitted
to work after 11:00 p.m. on an evening before a school day or before 5:00 a.m. on a school
day, except:
(1) as permitted by section 181A.07, subdivisions 1, 2, 3, and 4; deleted text begin or
deleted text end
(2) deleted text begin fordeleted text end new text begin this subdivision does not apply tonew text end a high school student age 18 or older, deleted text begin ifdeleted text end new text begin unlessnew text end
the student provides a written request new text begin for the hours restrictions new text end to the employer deleted text begin to work
during the restricted hours.deleted text end new text begin at least two weeks before any restricted hours begin; or
new text end
new text begin (3)new text end if a high school student under the age of 18 has supplied the employer with a note
signed by the parent or guardian of the student, the student may be permitted to work until
11:30 p.m. on the evening before a school day and beginning at 4:30 a.m. on a school day.
For the purpose of this subdivision, a high school student does not include a student
enrolled in an alternative education program approved by the commissioner of education
or an area learning center, including area learning centers under sections 123A.05 to 123A.08
or according to section 122A.163.
Sec. 19. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2016, section 326B.89, subdivision 14,
new text end
new text begin
is repealed.
new text end
ARTICLE 3
WORKERS' COMPENSATION ADVISORY COUNCIL; DEPARTMENT
PROPOSALS
Section 1.
Minnesota Statutes 2016, section 176.135, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin
Designated contact person and required training related to submission
and payment of medical bills.
new text end
new text begin
(a) For purposes of this subdivision:
new text end
new text begin
(1) "clearinghouse" means a health care clearinghouse as defined in section 62J.51,
subdivision 11a, that receives or transmits workers' compensation electronic transactions
as described in section 62J.536;
new text end
new text begin
(2) "department" means the Department of Labor and Industry;
new text end
new text begin
(3) "hospital" means a hospital licensed in this state;
new text end
new text begin
(4) "payer" means:
new text end
new text begin
(i) a workers' compensation insurer;
new text end
new text begin
(ii) an employer, or group of employers, authorized to self-insure for workers'
compensation liability; and
new text end
new text begin
(iii) a third-party administrator licensed by the Department of Commerce under section
60A.23, subdivision 8, to pay or review workers' compensation medical bills under this
chapter; and
new text end
new text begin
(5) "submission or payment of medical bills" includes the submission, transmission,
receipt, acceptance, response, adjustment, and payment of medical bills under this chapter.
new text end
new text begin
(b) Effective November 1, 2017, each payer, hospital, and clearinghouse must provide
the department with the name and contact information of a designated employee to answer
inquiries related to the submission or payment of medical bills. Payers, hospitals, and
clearinghouses must provide the department with the name of a new designated employee
within 14 days after the previously designated employee is no longer employed or becomes
unavailable for more than 30 days. The name and contact information of the designated
employee must be provided on forms and at intervals prescribed by the department. The
department must post a directory of the designated employees on the department's Web site.
new text end
new text begin
(c) The designated employee under paragraph (b) must:
new text end
new text begin
(1) complete training, provided by the department, about submission or payment of
medical bills; and
new text end
new text begin
(2) respond within 30 days to written department inquiries related to submission or
payment of medical bills.
new text end
new text begin
The training requirement in clause (1) does not apply to a payer that has not received any
workers' compensation medical bills in the 12 months before the training becomes available.
new text end
new text begin
(d) The commissioner may assess penalties, payable to the assigned risk safety account,
against payers, hospitals, and clearinghouses for violation of this subdivision as provided
in clauses (1) to (3):
new text end
new text begin
(1) for failure to comply with the requirements in paragraph (b), the commissioner may
assess a penalty of $50 for each day of noncompliance after the department has provided
the noncompliant payer, clearinghouse, or hospital with a 30-day written warning;
new text end
new text begin
(2) for failure of the designated employee to complete training under paragraph (c),
clause (1), within 90 days after the department has notified a payer, clearinghouse, or
hospital's designated employee that required training is available, the commissioner may
assess a penalty of $3,000;
new text end
new text begin
(3) for failure to respond within 30 days to a department inquiry related to submission
or payment of medical bills under paragraph (c), clause (2), the commissioner may assess
a penalty of $3,000. The commissioner shall not assess a penalty under both this clause and
section 176.194, subdivision 3, clause (6), for failure to respond to the same department
inquiry.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective October 1, 2017.
new text end
Sec. 2.
Minnesota Statutes 2016, section 176.1362, subdivision 1, is amended to read:
Subdivision 1.
Payment based on Medicare MS-DRG system.
(a) Except as provided
in subdivisions 2 and 3, the maximum reimbursement for inpatient hospital services, articles,
and supplies is 200 percent of the amount calculated for each hospital under the federal
Inpatient Prospective Payment System developed for Medicare, using the inpatient Medicare
PC-Pricer program for the applicable MS-DRG as provided in deleted text begin paragraph (b)deleted text end new text begin this subdivisionnew text end .
All adjustments included in the PC-Pricer program are included in the amount calculated,
including but not limited to any outlier payments.
(b) Payment under this section is effective for services, articles, and supplies provided
to patients discharged from the hospital on or after January 1, 2016. Payment for services,
articles, and supplies provided to patients discharged on January 1, 2016, through December
31, 2016, must be based on the Medicare PC-Pricer program in effect on January 1, 2016.
new text begin (c) For patients discharged on or after the effective date of this section, new text end payment for
inpatient services, articles, and supplies deleted text begin for patients discharged in each calendar year
thereafterdeleted text end must be deleted text begin based ondeleted text end new text begin calculated according tonew text end the PC-Pricer program deleted text begin in effect on
January 1 of the year of dischargedeleted text end new text begin identified on Medicare's Web site as FY 2016.1, updated
on January 19, 2016new text end .
new text begin
(d) For patients discharged on or after October 1, 2017, payment for inpatient services,
articles, and supplies must be calculated according to the PC-Pricer program posted on the
Department of Labor and Industry's Web site as follows:
new text end
new text begin
(1) No later than October 1, 2017, and October 1 of each subsequent year, the
commissioner must post on the department's Web site the version of the PC-Pricer program
that is most recently available on Medicare's Web site as of the preceding July 1. If no
PC-Pricer program is available on the Medicare Web site on any July 1, the PC-Pricer
program most recently posted on the department's Web site remains in effect.
new text end
new text begin
(2) The commissioner must publish notice of the applicable PC-Pricer program in the
State Register no later than October 1 of each year.
new text end
new text begin
(e) The MS-DRG grouper software or program that corresponds to the applicable version
of the PC-Pricer program must be used to determine payment under this subdivision.
new text end
deleted text begin (c)deleted text end new text begin (f)new text end Hospitals must bill workers' compensation insurers using the same codes, formats,
and details that are required for billing for hospital inpatient services by the Medicare
program. The bill must be submitted to the insurer within the time period required by section
62Q.75, subdivision 3. For purposes of this section, "insurer" includes both workers'
compensation insurers and self-insured employers.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2016, section 176.1362, subdivision 2, is amended to read:
Subd. 2.
Payment for catastrophic, high-cost injuries.
(a) If the hospital's total usual
and customary charges for services, articles, and supplies for a patient's hospitalization
exceed a threshold of $175,000, annually adjusted as provided in paragraph (b),
reimbursement must not be based on the MS-DRG system, but must instead be paid at 75
percent of the hospital's usual and customary charges.new text begin The threshold amount in effect on
the date of discharge determines the applicability of this paragraph.
new text end
(b) deleted text begin Beginningdeleted text end new text begin Onnew text end January 1, 2017, deleted text begin and each January 1 thereafter,deleted text end the commissioner
must adjust the previous year's threshold by the percent change in average total charges per
inpatient case, using data available as of October 1 for non-Critical Access Hospitals from
the Health Care Cost Information System maintained by the Department of Health pursuant
to chapter 144. new text begin Beginning October 1, 2017, and each October 1 thereafter, the commissioner
must adjust the previous threshold using the data available as of the preceding July 1. new text end The
commissioner must deleted text begin annuallydeleted text end publish notice of the updated threshold in the State Register.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2016, section 176.275, subdivision 1, is amended to read:
Subdivision 1.
Filing.
If a document is required to be filed by this chapter or any rules
adopted pursuant to authority granted by this chapter, the filing shall be completed by the
receipt of the document at the division, department, office, or the court of appeals. The
division, department, office, and the court of appeals shall accept any document which has
been delivered to it for legal filing, but may refuse to accept any form or document that
lacks deleted text begin the name of the injured employee, employer, or insurer, the date of injury, or the
injured employee's Social Security numberdeleted text end new text begin information required by statute or rulenew text end .new text begin The
division, department, office, and court of appeals are not required to maintain, and may
destroy, a duplicate of a form or document that has already been filed.new text end If a workers'
compensation identification number has been assigned by the department, it may be
substituted for the Social Security number on a form or document. If the injured employee
has fewer than three days of lost time from work, the party submitting the required document
must attach to it, at the time of filing, a copy of the first report of injury.
A notice or other document required to be served or filed at either the department, the
office, or the court of appeals which is inadvertently served or filed at the wrong one of
these agencies shall be deemed to have been served or filed with the proper agency. The
receiving agency shall note the date of receipt of a document and shall forward the documents
to the proper agency no later than two working days following receipt.
Sec. 5.
Minnesota Statutes 2016, section 176.285, is amended to read:
176.285 SERVICE OF PAPERS AND NOTICES; ELECTRONIC FILING.
new text begin Subdivision 1. new text end
new text begin Service by mail. new text end
Service of papers and notices shall be by mail or
otherwise as the commissioner or the chief administrative law judge may by rule direct.
Where service is by mail, service is effected at the time mailed if properly addressed and
stamped. If it is so mailed, it is presumed the paper or notice reached the party to be served.
However, a party may show by competent evidence that that party did not receive it or that
it had been delayed in transit for an unusual or unreasonable period of time. In case of
nonreceipt or delay, an allowance shall be made for the party's failure to assert a right within
the prescribed time.
new text begin Subd. 2. new text end
new text begin Electronic service and filing. new text end
new text begin (a) new text end Where a statute or rule authorizes or requires
a document to be filed with or served on an agency, the document may be filed electronically
if electronic filing is authorized by the agency and if the document is transmitted in the
manner and in the format specified by the agency. new text begin If electronic filing of a document is
authorized by the agency and a statute or rule requires a copy of the document to be provided
or served on another person or party, the document filed electronically with the agency and
provided or served on the other person or party must contain the same information in the
format required by the commissioner.
new text end
new text begin (b) new text end Where a statute or rule authorizes or requires a person's signature on a document to
be filed with or served on an agency, the signature may be new text begin an electronic signature, as defined
by section 325L.02, or new text end transmitted electronically, if authorized by the agency and if the
signature is transmitted in the manner and format specified by the agency. The commissioner
may require that a document authorized or required to be filed with the commissioner,
department, or division be filed electronically in the manner and format specified by the
commissioner, except that an employee must not be required to file a document electronically
unless the document is filed by an attorney on behalf of an employee. deleted text begin An agency may serve
a document electronically if the recipient agrees to receive it in an electronic format.deleted text end The
department or court may adopt rules for the certification of signatures.
new text begin
(c) An agency may serve a document electronically on a payer, rehabilitation provider,
or attorney. An agency may serve a document on any other party if the recipient agrees to
receive it in an electronic format. The date of electronic service of a document is the date
the recipient is sent a document electronically, or the date the recipient is notified that the
document is available on a Web site, whichever occurs first.
new text end
new text begin (d) new text end When the electronic filing of a legal document with the department marks the
beginning of a prescribed time for another party to assert a right, the prescribed time for
another party to assert a right shall be lengthened by two calendar days when it can be shown
that service to the other party was by mail.
new text begin Subd. 3. new text end
new text begin Proof of service. new text end
The commissioner and the chief administrative law judge
shall ensure that proof of service of all papers and notices served by their respective agencies
is placed in the official file of the case.
new text begin Subd. 4. new text end
new text begin Definitions; applicability. new text end
new text begin (a) new text end For purposes of this section, "agency" means
the workers' compensation division, the Department of Labor and Industry, the commissioner
of the Department of Labor and Industry, the Office of Administrative Hearings, the chief
administrative law judge, or the Workers' Compensation Court of Appeals. "Document"
includes documents, reports, notices, orders, papers, forms, information, and data elements
that are authorized or required to be filed with an agency or the commissioner or that are
authorized or required to be served on or by an agency or the commissioner.new text begin "Payer" means
a workers' compensation insurer, self-insurer employer, or third-party administrator.
new text end
new text begin (b) new text end Except as otherwise modified by this section, the provisions of chapter 325L apply
to electronic signatures and the electronic transmission of documents under this section.
Sec. 6.
Minnesota Statutes 2016, section 176.541, subdivision 1, is amended to read:
Subdivision 1.
Application of chapter to state employees.
This chapter applies to the
employees of any department of this statenew text begin as defined in section 3.732, subdivision 1, clause
(1)new text end .
Sec. 7.
Minnesota Statutes 2016, section 176.541, is amended by adding a subdivision to
read:
new text begin Subd. 7a. new text end
new text begin Exceptions. new text end
new text begin
This section does not apply to the University of Minnesota.
new text end
Sec. 8.
Minnesota Statutes 2016, section 176.541, subdivision 8, is amended to read:
Subd. 8.
State may insure.
The state of Minnesota may elect to insure its liability under
the workers' compensation law for persons employed under the federal deleted text begin Emergency
Employment Act of 1971, as amended, and the Comprehensive Employment and Training
Act of 1973, as amendeddeleted text end new text begin Workforce Innovation and Opportunity Act, and similar programsnew text end ,
with an insurer properly licensed in Minnesota.
Sec. 9.
Minnesota Statutes 2016, section 176.611, subdivision 2, is amended to read:
Subd. 2.
State departments.
Every department of the statedeleted text begin , including the University of
Minnesota,deleted text end shall reimburse the fund for money paid for its claims and the costs of
administering the revolving fund at such times and in such amounts as the commissioner
of administration shall certify has been paid out of the fund on its behalf. The heads of the
departments shall anticipate these payments by including them in their budgets. In addition,
the commissioner of administration, with the approval of the commissioner of management
and budget, may require an agency to make advance payments to the fund sufficient to
cover the agency's estimated obligation for a period of at least 60 days. Reimbursements
and other money received by the commissioner of administration under this subdivision
must be credited to the state compensation revolving fund.
Sec. 10. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2016, section 176.541, subdivision 7,
new text end
new text begin
is repealed.
new text end
Sec. 11. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective the day following final enactment.
new text end
ARTICLE 4
WORKERS' COMPENSATION ADVISORY COUNCIL; SPECIAL
COMPENSATION FUND
Section 1.
new text begin
[176.1292] FORBEARANCE OF AMOUNTS OWED TO THE SPECIAL
COMPENSATION FUND.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, the following definitions apply.
new text end
new text begin
(a) "Payer" means a workers' compensation insurer, or an employer or group of employers
that are self-insured for workers' compensation.
new text end
new text begin
(b) "Retirement benefits" means retirement benefits paid by any government retirement
benefit program and received by employees, other than old age and survivor insurance
benefits received under the federal Social Security Act, United States Code, title 42, sections
401 to 434. Retirement benefits include retirement annuities, optional annuities received in
lieu of retirement benefits, and any other benefit or annuity paid by a government benefit
program that is not clearly identified as a disability benefit or disability annuity in the
applicable governing statute.
new text end
new text begin Subd. 2. new text end
new text begin
Payment of permanent total disability benefits to employees, dependents,
and legal heirs.
new text end
new text begin
(a) A payer is entitled to the relief described in subdivisions 3 and 4 only
if the payer complies with all of the conditions in paragraphs (b) to (d) for all of the payer's
permanently totally disabled employees and documents compliance according to the
procedures and forms established by the commissioner under subdivision 7.
new text end
new text begin
(b) Except as provided in paragraph (e), the payer must:
new text end
new text begin
(1) recharacterize supplementary benefits paid to all employees as permanent total
disability benefits if the supplementary benefits were paid because the permanent total
disability benefits were reduced by retirement benefits received by the employee;
new text end
new text begin
(2) pay all permanently totally disabled employees, regardless of the date of injury, past
and future permanent total disability benefits calculated without any reduction for retirement
benefits received by the employees, from the date the employees' benefits were first reduced;
and
new text end
new text begin
(3) for all deceased employees, pay the employees' dependents or, if none, the employees'
legal heirs, the permanent total disability benefits the deceased employees would have
received if the benefits had been calculated without any reduction for retirement benefits
received by the employees.
new text end
new text begin
(c) A payer may take a credit against its obligations under paragraph (b), clauses (2) and
(3), for:
new text end
new text begin
(1) supplementary benefits previously paid to an employee that have been recharacterized
as permanent total disability benefits under paragraph (b), clause (1); and
new text end
new text begin
(2) permanent total disability benefits previously paid to an employee.
new text end
new text begin
(d) The payer must pay the permanent total disability benefits as provided in paragraphs
(b) and (c) within the time frames described in clauses (1) to (4). More than one time frame
may apply to a claim.
new text end
new text begin
(1) No later than 150 days following final enactment, the payer must begin paying the
recalculated permanent total disability benefit amounts to employees who are entitled to
ongoing permanent total disability benefits.
new text end
new text begin
(2) No later than 210 days following final enactment, the payer must pay employees the
amounts that past permanent total disability benefits were underpaid.
new text end
new text begin
(3) No later than 270 days following final enactment, the payer must pay the employees'
dependents or legal heirs the amounts that permanent total disability benefits were underpaid.
new text end
new text begin
(4) The commissioner may waive payment under paragraphs (b) and (c) or extend these
time frames if the payer, after making a good-faith effort, is unable to: locate an employee;
identify or locate the dependents or legal heirs of a deceased employee; or locate
documentation to determine the amount of an underpayment.
new text end
new text begin
(e) Paragraphs (a) to (d) do not apply if:
new text end
new text begin
(1) the employee died before January 1, 2008;
new text end
new text begin
(2) the employee's last permanent total disability benefit was paid before January 1,
2000;
new text end
new text begin
(3) the employee's last permanent total disability benefit would have been paid before
January 1, 2000, if it had not been reduced by his or her retirement benefits;
new text end
new text begin
(4) a stipulation for settlement, signed by the employee and approved by a compensation
judge, provided for a full, final, and complete settlement of permanent total disability benefits
under this chapter in exchange for a lump sum payment amount or a lump sum converted
to a structured annuity;
new text end
new text begin
(5) a final court order, or a stipulation for settlement signed by the employee and approved
by a compensation judge, explicitly states the employee's permanent total disability benefits
may be reduced by specified retirement benefits. Paragraphs (a) to (d) apply if a court order
or stipulation for settlement is ambiguous about whether the employee's permanent total
disability benefits could be reduced by retirement benefits; or
new text end
new text begin
(6) a final court order or a stipulation for settlement described in clause (4) or (5) was
vacated after the effective date of this section.
new text end
new text begin Subd. 3. new text end
new text begin Reimbursement of supplementary benefits. new text end
new text begin
(a) Except as provided in
subdivision 9, paragraph (a), clause (2), a payer that has complied with the requirements of
subdivision 2, paragraphs (a) to (d):
new text end
new text begin
(1) is not required to repay supplementary benefits for any claim that the special
compensation fund over reimbursed due to the payer's reduction of any employee's permanent
total disability benefits by retirement benefits received by the employee;
new text end
new text begin
(2) is entitled to reimbursement of supplementary benefits paid or payable before August
13, 2014, to the extent the special compensation fund denied reimbursement due to the
payer's reduction of any employee's permanent total disability benefits by the employee's
retirement benefits; and
new text end
new text begin
(3) is entitled to reimbursement of supplementary benefits the special compensation
fund withheld under section 176.129, subdivision 13, paragraph (a), to offset supplementary
benefits that were over reimbursed due to the payer's reduction of any employee's permanent
total disability benefits by the employee's retirement benefits.
new text end
new text begin
(b) Paragraph (a) does not preclude the special compensation fund from denying
reimbursement of supplementary benefits, or adjusting the reimbursement amount, for any
reason other than reduction of permanent total disability benefits by the employee's retirement
benefits.
new text end
new text begin Subd. 4. new text end
new text begin Assessments. new text end
new text begin
(a) Except as provided in subdivision 6, paragraph (b), clause
(2), and subdivision 9, paragraph (a), clause (2), a payer that has complied with the
requirements of subdivision 2, paragraphs (a) to (d), is not required to pay past or future
assessments under section 176.129 on the amount of increased or additional permanent total
disability benefits paid, or on supplementary benefits that are appropriately characterized
as permanent total disability benefits, due to the elimination of the retirement benefit
reduction.
new text end
new text begin
(b) The special compensation fund shall not recalculate assessments previously paid by
any payer because of the assessment adjustments in paragraph (a).
new text end
new text begin
(c) The assessment adjustments described in paragraph (a) do not apply to permanent
total disability benefits paid to employees with dates of injury on or after August 13, 2014.
Payers must pay full assessments according to section 176.129 on permanent total disability
benefits calculated without a reduction for retirement benefits for these employees.
new text end
new text begin Subd. 5. new text end
new text begin Refunds. new text end
new text begin
(a) A payer is entitled to a refund from the special compensation fund
if:
new text end
new text begin
(1) the payer complies with the requirements of subdivision 2, paragraphs (a) to (d); and
new text end
new text begin
(2) due to the elimination of the retirement benefit reduction, the payer repaid the special
compensation fund for over reimbursement of supplementary benefits, or paid assessments
on the increased permanent total disability benefits for employees with dates of injury before
August 13, 2014.
new text end
new text begin
(b) The special compensation fund must issue a refund within 30 days after receiving
the payer's documentation of compliance with subdivision 2, paragraphs (a) to (d), and an
itemization by claim of the amount repaid or paid to the special compensation fund as
described in paragraph (a), clause (2).
new text end
new text begin
(c) The special compensation fund must pay interest on any refunded amount under this
section to the payer at an annual rate of four percent, calculated from the date the payer
repaid or paid the special compensation fund as described in paragraph (a), clause (2).
new text end
new text begin Subd. 6. new text end
new text begin Applicability. new text end
new text begin
(a) This section does not preclude any employee, dependent, or
legal heir from pursuing additional benefits beyond those paid under subdivision 2,
paragraphs (b) to (d); however, the payments under subdivision 2, paragraphs (b) to (d), are
not to be construed as an admission of liability by the payer in any proceeding. The payments
cannot be used to justify additional claims; they represent a compromise between the payer
and the special compensation fund on supplementary benefits and assessments. Payers
reserve any and all defenses to claims to which this section does not apply.
new text end
new text begin
(b) If an employee, dependent, or legal heir pursues additional benefits, claims, or
penalties related to the benefits paid or payable under subdivision 2, paragraphs (b) to (d),
payers may assert any and all defenses including, but not limited to, those specified in
subdivision 2, paragraph (e), clauses (4) and (5), with respect to the additional benefits,
claims, and penalties, and any future permanent total disability benefits payable, subject to
the following conditions:
new text end
new text begin
(1) if it is determined by a compensation judge, the Workers' Compensation Court of
Appeals, or the Minnesota Supreme Court that the payer is entitled to reduce the employee's
permanent total disability benefits by retirement benefits received by the employee, the
payer shall not recover any overpayment that results from benefits the employee, dependent,
or legal heir has already received under subdivision 2, paragraphs (b) to (d). Notwithstanding
section 176.129, the payer shall not take a credit against an employee's future benefits for
any such overpayment; and
new text end
new text begin
(2) if it is determined by a compensation judge, the Workers' Compensation Court of
Appeals, or the Minnesota Supreme Court that the payer is not entitled to reduce the
employee's permanent total disability benefits by retirement benefits received by the
employee, the payer is not entitled to the relief provided in subdivision 4 as applied to the
claim of the specific employee, dependent, or legal heir.
new text end
new text begin
(c) A payer shall not assert defenses related to the offset of retirement benefits against
an employee's future permanent total disability benefits if the only additional claims asserted
by the employee under paragraph (b) are for attorney fees, costs and disbursements, and an
additional award pursuant to section 176.081, subdivision 7.
new text end
new text begin Subd. 7. new text end
new text begin Procedure. new text end
new text begin
No later than 60 days after final enactment, in consultation with
affected payers, the commissioner must establish a procedure, which may include forms,
to implement this section.
new text end
new text begin Subd. 8. new text end
new text begin Reporting. new text end
new text begin
This section does not affect a payer's obligation to report the full
amount of permanent total disability benefits paid to the extent required by this chapter or
other law. A payer must report supplementary benefits as permanent total disability benefits
if the supplementary benefits were paid because the permanent total disability benefits were
reduced by retirement benefits received by the employee.
new text end
new text begin Subd. 9. new text end
new text begin Failure to comply. new text end
new text begin
(a) If a payer reports to the department that it has complied
with the requirements of subdivision 2, paragraphs (a) to (d), but the payer has not paid an
employee, dependent, or legal heir, as required by subdivision 2, the payer is subject to the
following:
new text end
new text begin
(1) the payer must issue payment to the employee, dependent, or legal heir within 14
days of the date the payer discovers the noncompliance or the date the department notifies
the payer of the noncompliance;
new text end
new text begin
(2) the payer is not entitled to the relief provided in subdivisions 3 and 4 as applied to
the claim of the specific employee, dependent, or legal heir who was not paid as required
by subdivision 2;
new text end
new text begin
(3) the special compensation fund may immediately begin collection of any assessments
or over-reimbursement owed for the claim;
new text end
new text begin
(4) if the commissioner determines that a payer's failure to comply under this subdivision
was not in good faith, the commissioner may assess a penalty, payable to the employee,
dependent, or legal heir, of up to 25 percent of the total permanent total disability benefits
underpaid; and
new text end
new text begin
(5) if the payer is found after a hearing to be liable for increased or additional permanent
total disability benefits because the employee's permanent total disability benefits were
improperly reduced by his or her retirement benefits, the compensation judge shall assess
a penalty against the payer, payable to the employee or dependent, up to the total amount
of the permanent total disability benefits that were not paid pursuant to subdivision 2. The
compensation judge may issue a penalty against the payer, up to the total amount of the
permanent total disability benefits underpaid, payable to a legal heir.
new text end
new text begin
(b) The penalties assessed under this subdivision are in addition to any other penalty
that may be, or is required to be, assessed under this chapter; however, the commissioner
shall not assess a penalty against a payer for late payment of permanent total disability
benefits if the employee's benefits have been paid and documented in accordance with
subdivision 2.
new text end
new text begin
(c) If a payer and the special compensation fund have agreed to a list of employees
required to be paid under subdivision 2, this subdivision does not apply to any claim with
a date of injury before October 1, 1995, that is not on the agreed-upon list.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day after final enactment.
new text end
ARTICLE 5
WORKERS' COMPENSATION ADVISORY COUNCIL; WORKERS'
COMPENSATION INTERVENTION
Section 1.
Minnesota Statutes 2016, section 176.361, subdivision 2, is amended to read:
Subd. 2.
Written motion.
A person desiring to intervene in a workers' compensation
case as a party, including but not limited to a health care provider who has rendered services
to an employee or an insurer who has paid benefits under section 176.191, shall submit a
timely written motion to intervene to the commissioner, the office, or to the court of appeals,
whichever is applicable.
(a) The motion must be served on all parties, except for other intervenors, either
personally, by first class mail, or by registered mail, return receipt requested. A motion to
intervene must be served and filed within 60 days after a potential intervenor has been
served with notice of a right to intervene or within 30 days of notice of an administrative
conferencenew text begin or expedited hearingnew text end . Upon the filing of a timely motion to intervene, the potential
intervenor shall be granted intervenor status without the need for an order. Objections to
the intervention may be subsequently addressed by a compensation judge. Where a motion
to intervene is not timely filed under this section, the potential intervenor interest shall be
extinguished and the potential intervenor may not collect, or attempt to collect, the
extinguished interest from the employee, employer, insurer, or any government program.
(b) The motion must show how the applicant's legal rights, duties, or privileges may be
determined or affected by the case; state the grounds and purposes for which intervention
is sought; and indicate the statutory right to intervene. The motion must be accompanied
by the following:
(1) an itemization of disability payments showing the period during which the payments
were or are being made; the weekly or monthly rate of the payments; and the amount of
reimbursement claimed;
(2) a summary of the medical or treatment payments, or rehabilitation services provided
by the Vocational Rehabilitation Unit, broken down by creditor, showing the total bill
submitted, the period of treatment or rehabilitation covered by that bill, the amount of
payment on that bill, and to whom the payment was made;
(3) copies of all medical or treatment bills for which payment is sought;
(4) copies of the work sheets or other information stating how the payments on medical
or treatment bills were calculated;
(5) a copy of the relevant policy or contract provisions upon which the claim for
reimbursement is based;
(6) the name and telephone number of the person representing the intervenor who has
authority to represent the intervenor, including but not limited to the authority to reach a
settlement of the issues in dispute;
(7) proof of service or copy of the registered mail receipt evidencing service on all parties
except for other intervenors;
(8) at the option of the intervenor, a proposed stipulation which states that all of the
payments for which reimbursement is claimed are related to the injury or condition in dispute
in the case and that, if the petitioner is successful in proving the compensability of the claim,
it is agreed that the sum be reimbursed to the intervenor; and
(9) if represented by an attorney, the name, address, telephone number, and Minnesota
Supreme Court license number of the attorney.
Sec. 2.
Minnesota Statutes 2016, section 176.361, subdivision 3, is amended to read:
Subd. 3.
Stipulation.
If the person deleted text begin submitting thedeleted text end new text begin filing a timelynew text end motion to intervene
has included a proposed stipulation, all parties shall either execute and return the signed
stipulation to the intervenor who must file it with the division or judge or serve upon the
intervenor and all other parties and file with the division specific and detailed objections to
any new text begin services rendered or new text end payments made by the intervenor which are not conceded to be
correct and related to the injury or condition the petitioner has asserted is compensable. If
a party has not returned the signed stipulation or filed specific and detailed objections within
30 days of service of the motion to intervene, the intervenor's right to reimbursement for
the amount sought is deemed established provided that the petitioner's claim is determined
to be compensable. The office may establish procedures for filing objections if a timely
motion to intervene is filed less than 30 days before a scheduled hearing.
Sec. 3.
Minnesota Statutes 2016, section 176.521, is amended by adding a subdivision to
read:
new text begin Subd. 2b. new text end
new text begin Partial settlement. new text end
new text begin
(a) The parties may file a partial stipulation for settlement
which resolves the claims of the employee and reserves the claims of one or more intervenors.
If the partial stipulation, or a letter of agreement attached to the partial stipulation, is not
signed by an intervenor, the partial stipulation must include a statement that the parties were
unable to:
new text end
new text begin
(1) obtain a response from the nonsigning intervenor regarding clarification or
confirmation of its interest or an offer of settlement within a reasonable time despite
good-faith efforts to obtain a response;
new text end
new text begin
(2) reach agreement with the nonsigning intervenor despite the belief that the parties
negotiated with the intervenor in good faith and made a reasonable offer to settle the
intervention claim; or
new text end
new text begin
(3) obtain the nonsigning intervenor's signature within a reasonable time after an
agreement was reached with the intervenor.
new text end
new text begin
The partial stipulation must include detailed and case-specific support for the parties'
statements. In addition, the partial stipulation must reserve the nonsigning intervenor's
interests to pursue its claim at a hearing on the merits, and must contain a statement that
the employee will cooperate at the hearing.
new text end
new text begin
(b) Prior to filing the partial stipulation for approval, a copy of the partial stipulation
must be served on all parties, including the nonsigning intervenor, together with a written
notification that the settling parties intend to file the partial stipulation for approval by a
compensation judge and of the nonsigning intervenor's right to request a hearing on the
merits of the intervenor's claim.
new text end
new text begin
(c) Within ten days after service of a partial stipulation for settlement and notice of an
intent to file for approval by a compensation judge, a nonsigning intervenor may serve and
file a written objection to approval of the partial stipulation, which filing must provide a
detailed and case-specific factual basis establishing that approval of the partial stipulation
will adversely impact the rights of the intervenor.
new text end
new text begin
(d) After expiration of the ten-day period within which a nonsigning intervenor may
serve and file its written objection, any party may file for approval a partial stipulation for
settlement which conforms with this section. An affidavit of service must accompany the
partial stipulation when it is filed for approval.
new text end
new text begin
(e) Unless the compensation judge has a reasonable belief that approval of the partial
stipulation will adversely impact the rights of the nonsigning intervenor, the compensation
judge shall immediately issue the award and file it with the commissioner. The issuance of
the award shall be accompanied by notice to the intervenors and other parties of their right
to request amended findings within a period of 30 days following the date of issuance in
conformity with applicable law.
new text end
new text begin
(f) If the compensation judge has a reasonable belief that approval of the partial stipulation
will adversely impact the rights of the intervenor, the compensation judge shall disapprove
the stipulation by written order detailing a factual basis for the determination of adverse
impact.
new text end
Sec. 4. new text begin RULEMAKING.
new text end
new text begin
The Office of Administrative Hearings is directed to use the expedited rulemaking
provisions of Minnesota Statutes, section 14.389, to amend Minnesota Rules, part 1420.1850,
to conform to the amendments of Minnesota Statutes, section 176.361, subdivision 3.
new text end
ARTICLE 6
EMPLOYMENT AND ECONOMIC DEVELOPMENT
Section 1.
new text begin
[116J.4221] RURAL POLICY AND DEVELOPMENT CENTER FUND.
new text end
new text begin
(a) A rural policy and development center fund is established as an account in the special
revenue fund in the state treasury. The commissioner of management and budget shall credit
to the account the amounts authorized under this section and appropriations and transfers
to the account. The State Board of Investment shall ensure that account money is invested
under section 11A.24. All money earned by the account must be credited to the account.
The principal of the account and any unexpended earnings must be invested and reinvested
by the State Board of Investment.
new text end
new text begin
(b) Gifts and donations, including land or interests in land, may be made to the account.
Noncash gifts and donations must be disposed of for cash as soon as the board prudently
can maximize the value of the gift or donation. Gifts and donations of marketable securities
may be held or be disposed of for cash at the option of the board. The cash receipts of gifts
and donations of cash or capital assets and marketable securities disposed of for cash must
be credited immediately to the principal of the account. The value of marketable securities
at the time the gift or donation is made must be credited to the principal of the account and
any earnings from the marketable securities are earnings of the account. The earnings in
the account are annually appropriated to the board of the Center for Rural Policy and
Development to carry out the duties of the center.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2016, section 116J.8731, subdivision 2, is amended to read:
Subd. 2.
Administration.
new text begin (a) new text end Except as otherwise provided in this section, the
commissioner shall administer the fund as part of the Small Cities Development Block
Grant Program and funds shall be made available to local communities and recognized
Indian tribal governments in accordance with the rules adopted for economic development
grants in the small cities community development block grant program. All units of general
purpose local government are eligible applicants for Minnesota investment funds. The
commissioner may provide forgivable loans directly to a private enterprise and not require
a local community or recognized Indian tribal government application other than a resolution
supporting the assistance.
new text begin (b)new text end Eligible applicants for the state-funded portion of the fund also include development
authorities as defined in section 116J.552, subdivision 4, provided that the governing body
of the municipality approves, by resolution, the application of the development authority.
new text begin A local government entity may receive more than one award in a fiscal year. new text end The
commissioner may also make funds available within the department for eligible expenditures
under subdivision 3, clause (2).
new text begin (c)new text end A home rule charter or statutory city, county, or town may loan or grant money
received from repayment of funds awarded under this section to a regional development
commission, other regional entity, or statewide community capital fund as determined by
the commissioner, to capitalize or to provide the local match required for capitalization of
a regional or statewide revolving loan fund.
Sec. 3.
Minnesota Statutes 2016, section 116J.8731, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Transfer. new text end
new text begin
The commissioner may transfer up to $2,000,000 of a fiscal year's
appropriation between the Minnesota job creation fund program and Minnesota investment
fund to meet business demand.
new text end
Sec. 4.
Minnesota Statutes 2016, section 116J.8748, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given.
(b) "Agreement" or "business subsidy agreement" means a business subsidy agreement
under section 116J.994 that must include, but is not limited to: specification of the duration
of the agreement, job goals and a timeline for achieving those goals over the duration of
the agreement, construction and other investment goals and a timeline for achieving those
goals over the duration of the agreement, and the value of benefits the firm may receive
following achievement of capital investment and employment goals. The local government
and business must report to the commissioner on the business performance using the forms
developed by the commissioner.
(c) "Business" means an individual, corporation, partnership, limited liability company,
association, or other entity.
(d) "Capital investment" means money that is expended for the purpose of building or
improving real fixed property where employees under paragraphs (g) and (h) are or will be
employed and also includes construction materials, services, and supplies, and the purchase
and installation of equipment and machinery as provided under subdivision 4, paragraph
(b), clause (5).
(e) "Commissioner" means the commissioner of employment and economic development.
(f) "Minnesota job creation fund business" means a business that is designated by the
commissioner under subdivision 3.
new text begin
(g) "Minority person" means a person belonging to a racial or ethnic minority as defined
in Code of Federal Regulations, title 49, section 23.5.
new text end
deleted text begin (g)deleted text end new text begin (h)new text end "New full-time employee" means an employee who:
(1) begins work at a Minnesota job creation fund business facility noted in a business
subsidy agreement and following the designation as a job creation fund business; and
(2) has expected work hours of at least 2,080 hours annually.
new text begin
(i) "Persons with disabilities" means an individual with a disability, as defined under
the Americans with Disabilities Act, United States Code, title 42, section 12102.
new text end
deleted text begin (h)deleted text end new text begin (j)new text end "Retained job" means a full-time position:
(1) that existed at the facility prior to the designation as a job creation fund business;
and
(2) has expected work hours of at least 2,080 hours annually.
new text begin
(k) "Veteran" means a veteran as defined in section 197.447.
new text end
deleted text begin (i)deleted text end new text begin (l)new text end "Wages" has the meaning given in section 290.92, subdivision 1, clause (1).
Sec. 5.
Minnesota Statutes 2016, section 116J.8748, subdivision 3, is amended to read:
Subd. 3.
Minnesota job creation fund business designation; requirements.
(a) To
receive designation as a Minnesota job creation fund business, a business must satisfy all
of the following conditions:
(1) the business is or will be engaged in, within Minnesota, one of the following as its
primary business activity:
(i) manufacturing;
(ii) warehousing;
(iii) distribution;
(iv) information technology;
(v) finance;
(vi) insurance; or
(vii) professional or technical services;
(2) the business must not be primarily engaged in lobbying; gambling; entertainment;
professional sports; political consulting; leisure; hospitality; or professional services provided
by attorneys, accountants, business consultants, physicians, or health care consultants, or
primarily engaged in making retail sales to purchasers who are physically present at the
business's location;
(3) the business must enter into a binding construction and job creation business subsidy
agreement with the commissioner to expend new text begin directly, or ensure expenditure by or in
partnership with a third party constructing or managing the project, new text end at least $500,000 in
capital investment in a capital investment project that includes a new, expanded, or remodeled
facility within one year following designation as a Minnesota job creation fund business new text begin or
$250,000 if the project is located outside the metropolitan area as defined in section 200.02,
subdivision 24, or if 51 percent of the business is cumulatively owned by minorities, veterans,
women, or persons with a disability; new text end and:
(i) create at least ten new full-time employee positions within two years of the benefit
date following the designation as a Minnesota job creation fund businessnew text begin or five new full-time
employee positions within two years of the benefit date if the project is located outside the
metropolitan area as defined in section 200.02, subdivision 24, or if 51 percent of the business
is cumulatively owned by minorities, veterans, women, or persons with a disabilitynew text end ; or
(ii) expend at least $25,000,000, which may include the installation and purchase of
machinery and equipment, in capital investment and retain at least 200 employees for projects
located in the metropolitan area as defined in section 200.02, subdivision 24, and 75
employees for projects located outside the metropolitan area;
(4) positions or employees moved or relocated from another Minnesota location of the
Minnesota job creation fund business must not be included in any calculation or determination
of job creation or new positions under this paragraph; and
(5) a Minnesota job creation fund business must not terminate, lay off, or reduce the
working hours of an employee for the purpose of hiring an individual to satisfy job creation
goals under this subdivision.
(b) Prior to approving the proposed designation of a business under this subdivision, the
commissioner shall consider the following:
(1) the economic outlook of the industry in which the business engages;
(2) the projected sales of the business that will be generated from outside the state of
Minnesota;
(3) how the business will build on existing regional, national, and international strengths
to diversify the state's economy;
(4) whether the business activity would occur without financial assistance;
(5) whether the business is unable to expand at an existing Minnesota operation due to
facility or land limitations;
(6) whether the business has viable location options outside Minnesota;
(7) the effect of financial assistance on industry competitors in Minnesota;
(8) financial contributions to the project made by local governments; and
(9) any other criteria the commissioner deems necessary.
(c) Upon receiving notification of local approval under subdivision 2, the commissioner
shall review the determination by the local government and consider the conditions listed
in paragraphs (a) and (b) to determine whether it is in the best interests of the state and local
area to designate a business as a Minnesota job creation fund business.
(d) If the commissioner designates a business as a Minnesota job creation fund business,
the business subsidy agreement shall include the performance outcome commitments and
the expected financial value of any Minnesota job creation fund benefits.
(e) The commissioner may amend an agreement once, upon request of a local government
on behalf of a business, only if the performance is expected to exceed thresholds stated in
the original agreement.
(f) A business may apply to be designated as a Minnesota job creation fund business at
the same location more than once only if all goals under a previous Minnesota job creation
fund agreement have been met and the agreement is completed.
Sec. 6.
Minnesota Statutes 2016, section 116J.8748, subdivision 4, is amended to read:
Subd. 4.
Certification; benefits.
(a) The commissioner may certify a Minnesota job
creation fund business as eligible to receive a specific value of benefit under paragraphs (b)
and (c) when the business has achieved its job creation and capital investment goals noted
in its agreement under subdivision 3.
(b) A qualified Minnesota job creation fund business may be certified eligible for the
benefits in this paragraph for up to five years for projects located in the metropolitan area
as defined in section 200.02, subdivision 24, and seven years for projects located outside
the metropolitan area, as determined by the commissioner when considering the best interests
of the state and local area. new text begin Notwithstanding section 16B.98, subdivision 5, paragraph (a),
clause (3), or 16B.98, subdivision 5, paragraph (b), grant agreements for projects located
outside the metropolitan area may be for up to seven years in length. new text end The eligibility for the
following benefits begins the date the commissioner certifies the business as a qualified
Minnesota job creation fund business under this subdivision:
(1) up to five percent rebate for projects located in the metropolitan area as defined in
section 200.02, subdivision 24, and 7.5 percent for projects located outside the metropolitan
area, on capital investment on qualifying purchases as provided in subdivision 5 with the
total rebate for a project not to exceed $500,000;
(2) an award of up to $500,000 based on full-time job creation and wages paid as provided
in subdivision 6 with the total award not to exceed $500,000;
(3) up to $1,000,000 in capital investment rebates and $1,000,000 in job creation awards
are allowable for projects that have at least $25,000,000 in capital investment and 200 new
employeesnew text begin in the metropolitan area as defined in section 200.02, subdivision 24, and 75
new employees for projects located outside the metropolitan areanew text end ;
(4) up to $1,000,000 in capital investment rebates are allowable for projects that have
at least $25,000,000 in capital investment and 200 retained employees for projects located
in the metropolitan area as defined in section 200.02, subdivision 24, and 75 employees for
projects located outside the metropolitan area; and
(5) for clauses (3) and (4) only, the capital investment expenditure requirements may
include the installation and purchases of machinery and equipment. These expenditures are
not eligible for the capital investment rebate provided under subdivision 5.
(c) The job creation award may be provided in multiple years as long as the qualified
Minnesota job creation fund business continues to meet the job creation goals provided for
in its agreement under subdivision 3 and the total award does not exceed $500,000 except
as provided under paragraph (b), clauses (3) and (4).
(d) No rebates or award may be provided until the Minnesota job creation fund business
new text begin or a third party constructing or managing the project new text end has at least $500,000 in capital
investment in the project and at least ten full-time jobs have been created and maintained
for at least one year or the retained employees, as provided in paragraph (b), clause (4),
remain for at least one year. The agreement may require additional performance outcomes
that need to be achieved before rebates and awards are provided. If fewer retained jobs are
maintained, but still above the minimum under this subdivision, the capital investment
award shall be reduced on a proportionate basis.
(e) The forms needed to be submitted to document performance by the Minnesota job
creation fund business must be in the form and be made under the procedures specified by
the commissioner. The forms shall include documentation and certification by the business
that it is in compliance with the business subsidy agreement, sections 116J.871 and 116L.66,
and other provisions as specified by the commissioner.
(f) Minnesota job creation fund businesses must pay each new full-time employee added
pursuant to the agreement total compensation, including benefits not mandated by law, that
on an annualized basis is equal to at least 110 percent of the federal poverty level for a
family of four.
(g) A Minnesota job creation fund business must demonstrate reasonable progress on
deleted text begin itsdeleted text end capital investment expenditures within six months following designation as a Minnesota
job creation fund business to ensure that the capital investment goal in the agreement under
subdivision 1 will be met. Businesses not making reasonable progress will not be eligible
for benefits under the submitted application and will need to work with the local government
unit to resubmit a new application and request to be a Minnesota job creation fund business.
Notwithstanding the goals noted in its agreement under subdivision 1, this action shall not
be considered a default of the business subsidy agreement.
Sec. 7.
Minnesota Statutes 2016, section 116J.8748, subdivision 6, is amended to read:
Subd. 6.
Job creation award.
(a) A qualified Minnesota job creation fund business is
eligible for an annual award for each new job created and maintained by the business using
the following schedule: $1,000 for each job position paying annual wages at least $26,000
but less than $35,000; $2,000 for each job position paying at least $35,000 but less than
$45,000; and $3,000 for each job position paying at least $45,000; and as noted in the goals
under the agreement provided under subdivision 1.new text begin These awards are increased by $1,000
if the business is located outside the metropolitan area as defined in section 200.02,
subdivision 24, or if 51 percent of the business is cumulatively owned by minorities, veterans,
women, or persons with a disability.
new text end
(b) The job creation award schedule must be adjusted annually using the percentage
increase in the federal poverty level for a family of four.
(c) Minnesota job creation fund businesses seeking an award credit provided under
subdivision 4 must submit forms and applications to the Department of Employment and
Economic Development as prescribed by the commissioner.
Sec. 8.
new text begin
[116J.9922] CENTRAL MINNESOTA OPPORTUNITY GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Commissioner" means the commissioner of employment and economic development.
new text end
new text begin
(c) "Community initiative" means a nonprofit organization which provides services to
central Minnesota communities of color in one or more of the program areas listed in
subdivision 4, paragraph (a).
new text end
new text begin
(d) "Foundation" means the Central Minnesota Community Foundation.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The commissioner shall establish a central Minnesota
opportunity grant program, administered by the foundation, to identify and support
community initiatives in the St. Cloud area that enhance long-term economic self-sufficiency
by improving education, housing, and economic outcomes for central Minnesota communities
of color.
new text end
new text begin Subd. 3. new text end
new text begin Grant to the Central Minnesota Community Foundation. new text end
new text begin
The commissioner
shall award all grant funds to the foundation, which shall administer the central Minnesota
opportunity grant program. The foundation may use up to five percent of grant funds for
administrative costs.
new text end
new text begin Subd. 4. new text end
new text begin Grants to community initiatives. new text end
new text begin
(a) The foundation must award funds through
a competitive grant process to community initiatives that will provide services, either alone
or in partnership with another nonprofit organization, in one or more of the following areas:
new text end
new text begin
(1) economic development, including but not limited to programs to foster
entrepreneurship or small business development;
new text end
new text begin
(2) education, including but not limited to programs to encourage civic engagement or
provide youth after-school or recreation programs; or
new text end
new text begin
(3) housing, including but not limited to, programs to prevent and respond to
homelessness or to provide access to loans or grants for housing stability and affordability.
new text end
new text begin
(b) To receive grant funds, a community initiative must submit a written application to
the foundation, using a form developed by the foundation. This grant application must
include:
new text end
new text begin
(1) a description of the activities that will be funded by the grant;
new text end
new text begin
(2) an estimate of the cost of each grant activity;
new text end
new text begin
(3) the total cost of the project;
new text end
new text begin
(4) the sources and amounts of nonstate funds supplementing the grant;
new text end
new text begin
(5) how the project aims to achieve stated outcomes in areas including improved job
training; workforce development; small business support; early childhood, kindergarten
through grade 12, and higher education achievement; and access to housing, including loans;
and
new text end
new text begin
(6) any additional information requested by the foundation.
new text end
new text begin
(c) In awarding grants under this subdivision, the foundation shall give weight to
applications from organizations that demonstrate:
new text end
new text begin
(1) a history of successful provision of the services listed in paragraph (a); and
new text end
new text begin
(2) a history of successful fund-raising from private sources for such services.
new text end
new text begin
(d) In evaluating grant applications, the foundation shall not consider the composition
of a community initiative's governing board.
new text end
new text begin
(e) Grant funds may be used by a community initiative for the following purposes:
new text end
new text begin
(1) operating costs, including but not limited to staff, office space, computers, software,
and Web development and maintenance services;
new text end
new text begin
(2) program costs;
new text end
new text begin
(3) travel within Minnesota;
new text end
new text begin
(4) consultants directly related to and necessary for delivering services listed in paragraph
(a); and
new text end
new text begin
(5) capacity building.
new text end
new text begin Subd. 5. new text end
new text begin Reports to the legislature. new text end
new text begin
By January 15, 2019, and each January 15 thereafter
through 2022, the commissioner must submit a report to the chairs and ranking minority
members of the house of representatives and the senate committees with jurisdiction over
economic development that details the use of grant funds. This report must include data on
the number of individuals served and, to the extent practical, measures of progress toward
achieving the outcomes stated in subdivision 4, paragraph (b), clause (5).
new text end
Sec. 9.
Minnesota Statutes 2016, section 116L.17, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have
the meanings given them in this subdivision.
(b) "Commissioner" means the commissioner of employment and economic development.
(c) "Dislocated worker" means an individual who is a resident of Minnesota at the time
employment ceased or was working in the state at the time employment ceased and:
(1) has been permanently separated or has received a notice of permanent separation
from public or private sector employment and is eligible for or has exhausted entitlement
to unemployment benefits, and is unlikely to return to the previous industry or occupation;
(2) has been long-term unemployed and has limited opportunities for employment or
reemployment in the same or a similar occupation in the area in which the individual resides,
including older individuals who may have substantial barriers to employment by reason of
age;
(3) has been terminated or has received a notice of termination of employment as a result
of a plant closing or a substantial layoff at a plant, facility, or enterprise;
(4) has been self-employed, including farmers and ranchers, and is unemployed as a
result of general economic conditions in the community in which the individual resides or
because of natural disasters;
deleted text begin
(5) MS 2011 Supp [Expired, 2011 c 84 art 3 s 1]
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end is a veteran as defined by section 197.447, has been discharged or released from
active duty under honorable conditions within the last 36 months, and (i) is unemployed or
(ii) is employed in a job verified to be below the skill level and earning capacity of the
veteran;
deleted text begin (7)deleted text end new text begin (6)new text end is an individual determined by the United States Department of Labor to be
covered by trade adjustment assistance under United States Code, title 19, sections 2271 to
2331, as amended; or
deleted text begin (8)deleted text end new text begin (7)new text end is a displaced homemaker. A "displaced homemaker" is an individual who has
spent a substantial number of years in the home providing homemaking service and (i) has
been dependent upon the financial support of another; and now due to divorce, separation,
death, or disability of that person, must find employment to self support; or (ii) derived the
substantial share of support from public assistance on account of dependents in the home
and no longer receives such support. To be eligible under this clause, the support must have
ceased while the worker resided in Minnesota.
new text begin
For the purposes of this section, "dislocated worker" does not include an individual who
was an employee, at the time employment ceased, of a political committee, political fund,
principal campaign committee, or party unit, as those terms are used in chapter 10A, or an
organization required to file with the federal elections commission.
new text end
(d) "Eligible organization" means a state or local government unit, nonprofit organization,
community action agency, business organization or association, or labor organization.
(e) "Plant closing" means the announced or actual permanent shutdown of a single site
of employment, or one or more facilities or operating units within a single site of
employment.
(f) "Substantial layoff" means a permanent reduction in the workforce, which is not a
result of a plant closing, and which results in an employment loss at a single site of
employment during any 30-day period for at least 50 employees excluding those employees
that work less than 20 hours per week.
Sec. 10.
Minnesota Statutes 2016, section 116L.665, is amended to read:
116L.665 WORKFORCE DEVELOPMENT deleted text begin COUNCILdeleted text end new text begin BOARDnew text end .
Subdivision 1.
Creation.
The governor's Workforce Development deleted text begin Council is created
under the authority of the Workforce Investment Act, United States Code, title 29, section
2801, et seq. Local workforce development councils are authorized under the Workforce
Investment Act. The governor's Workforce Development Council serves as Minnesota's
Workforce Investment Board for the purposes of the federal Workforce Investment Act.deleted text end new text begin
Board serves as Minnesota's state workforce development board for the purposes of the
federal Workforce Innovation and Opportunity Act, United States Code, title 29, section
3111, and must perform the duties under that act.
new text end
Subd. 2.
Membership.
new text begin (a) new text end The governor's Workforce Development deleted text begin Councildeleted text end new text begin Boardnew text end is
composed of deleted text begin 31deleted text end members appointed by the governor. deleted text begin The members may be removed pursuant
to section 15.059.deleted text end In selecting the representatives of the deleted text begin councildeleted text end new text begin boardnew text end , the governor shall
ensure that deleted text begin 50 percentdeleted text end new text begin a majoritynew text end of the members come from deleted text begin nominations provided by local
workforce councils. Local education representatives shall come from nominations provided
by local education to employment partnerships. The 31 members shall represent the following
sectors:deleted text end new text begin the private sector, pursuant to United States Code, title 29, section 3111. For the
public members, membership terms, compensation of members, and removal of members
are governed by section 15.059, subdivisions 2, 3, and 4. To the extent practicable, the
membership should be balanced as to gender and ethnic diversity.
new text end
deleted text begin
(a) State agencies: the following individuals shall serve on the council:
deleted text end
deleted text begin
(1) commissioner of the Minnesota Department of Employment and Economic
Development;
deleted text end
deleted text begin
(2) commissioner of the Minnesota Department of Education; and
deleted text end
deleted text begin
(3) commissioner of the Minnesota Department of Human Services.
deleted text end
deleted text begin
(b) Business and industry: six individuals shall represent the business and industry sectors
of Minnesota.
deleted text end
deleted text begin
(c) Organized labor: six individuals shall represent labor organizations of Minnesota.
deleted text end
deleted text begin
(d) Community-based organizations: four individuals shall represent community-based
organizations of Minnesota. Community-based organizations are defined by the Workforce
Investment Act as private nonprofit organizations that are representative of communities
or significant segments of communities and that have demonstrated expertise and
effectiveness in the field of workforce investment and may include entities that provide job
training services, serve youth, serve individuals with disabilities, serve displaced
homemakers, union-related organizations, employer-related nonprofit organizations, and
organizations serving nonreservation Indians and tribal governments.
deleted text end
deleted text begin
(e) Education: six individuals shall represent the education sector of Minnesota as follows:
deleted text end
deleted text begin
(1) one individual shall represent local public secondary education;
deleted text end
deleted text begin
(2) one individual shall have expertise in design and implementation of school-based
service-learning;
deleted text end
deleted text begin
(3) one individual shall represent leadership of the University of Minnesota;
deleted text end
deleted text begin
(4) one individual shall represent secondary/postsecondary vocational institutions;
deleted text end
deleted text begin
(5) the chancellor of the Board of Trustees of the Minnesota State Colleges and
Universities; and
deleted text end
deleted text begin
(6) one individual shall have expertise in agricultural education.
deleted text end
deleted text begin
(f) Other: two individuals shall represent other constituencies including:
deleted text end
deleted text begin
(1) units of local government; and
deleted text end
deleted text begin
(2) applicable state or local programs.
deleted text end
deleted text begin
The speaker and the minority leader of the house of representatives shall each appoint
a representative to serve as an ex officio member of the council. The majority and minority
leaders of the senate shall each appoint a senator to serve as an ex officio member of the
council.
deleted text end
deleted text begin
The governor shall appoint one individual representing public libraries, one individual
with expertise in assisting women in obtaining employment in high-wage, high-demand,
nontraditional occupations, and one individual representing adult basic education programs
to serve as nonvoting advisors to the council.
deleted text end
new text begin
(b) No person shall serve as a member of more than one category described in paragraph
(c).
new text end
new text begin
(c) Voting members shall consist of the following:
new text end
new text begin
(1) the governor or the governor's designee;
new text end
new text begin
(2) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader of the house of representatives;
new text end
new text begin
(3) two members of the senate, one appointed by the senate majority leader and one
appointed by the senate minority leader;
new text end
new text begin
(4) a majority of the members must be representatives of businesses in the state appointed
by the governor who:
new text end
new text begin
(i) are owners of businesses, chief executives, or operating officers of businesses, or
other business executives or employers with optimum policy-making or hiring authority
and who, in addition, may be members of a local board under United States Code, title 29,
section 3122(b)(2)(A)(i);
new text end
new text begin
(ii) represent businesses, including small businesses, or organizations representing
businesses that provide employment opportunities that, at a minimum, include high-quality,
work-relevant training and development in in-demand industry sectors or occupations in
the state; and
new text end
new text begin
(iii) are appointed from individuals nominated by state business organizations and
business trade associations;
new text end
new text begin
(5) six representatives of labor organizations appointed by the governor, including:
new text end
new text begin
(i) representatives of labor organizations who have been nominated by state labor
federations; and
new text end
new text begin
(ii) a member of a labor organization or a training director from a joint labor organization;
new text end
new text begin
(6) commissioners of the state agencies with primary responsibility for core programs
identified within the state plan including:
new text end
new text begin
(i) the Department of Employment and Economic Development;
new text end
new text begin
(ii) the Department of Education; and
new text end
new text begin
(iii) the Department of Human Services;
new text end
new text begin
(7) two chief elected officials, appointed by the governor, collectively representing cities
and counties;
new text end
new text begin
(8) two representatives who are people of color or people with disabilities, appointed
by the governor, of community-based organizations that have demonstrated experience and
expertise in addressing the employment, training, or education needs of individuals with
barriers to employment; and
new text end
new text begin
(9) four officials responsible for education programs in the state, appointed by the
governor, including chief executive officers of community colleges and other institutions
of higher education, including:
new text end
new text begin
(i) the chancellor of the Minnesota State Colleges and Universities;
new text end
new text begin
(ii) the president of the University of Minnesota;
new text end
new text begin
(iii) a president from a private postsecondary school; and
new text end
new text begin
(iv) a representative of career and technical education.
new text end
new text begin
(d) The nonvoting members of the board shall be appointed by the governor and consist
of one of each of the following:
new text end
new text begin
(1) a representative of Adult Basic Education;
new text end
new text begin
(2) a representative of public libraries;
new text end
new text begin
(3) a person with expertise in women's economic security;
new text end
new text begin
(4) the chair or executive director of the Minnesota Workforce Council Association;
new text end
new text begin
(5) the commissioner of labor and industry;
new text end
new text begin
(6) the commissioner of the Office of Higher Education;
new text end
new text begin
(7) the commissioner of corrections;
new text end
new text begin
(8) the commissioner of management and budget;
new text end
new text begin
(9) two representatives of community-based organizations who are people of color or
people with disabilities who have demonstrated experience and expertise in addressing the
employment, training, and education needs of individuals with barriers to employment;
new text end
new text begin
(10) a representative of secondary, postsecondary, or career-technical education;
new text end
new text begin
(11) a representative of school-based service learning;
new text end
new text begin
(12) a representative of the Council on Asian-Pacific Minnesotans;
new text end
new text begin
(13) a representative of the Minnesota Council on Latino Affairs;
new text end
new text begin
(14) a representative of the Council for Minnesotans of African Heritage;
new text end
new text begin
(15) a representative of the Minnesota Indian Affairs Council;
new text end
new text begin
(16) a representative of the Minnesota State Council on Disability; and
new text end
new text begin
(17) a representative of the Office on the Economic Status of Women.
new text end
deleted text begin (g) Appointment:deleted text end new text begin (e)new text end Each member shall be appointed for a term of three years from the
first day of January or July immediately following their appointment. Elected officials shall
forfeit their appointment if they cease to serve in elected office.
deleted text begin
(h) Members of the council are compensated as provided in section 15.059, subdivision
3.
deleted text end
Subd. 2a.
deleted text begin Councildeleted text end new text begin Boardnew text end meetingsnew text begin ; chairnew text end .
deleted text begin
(a) If compliance with section 13D.02 is
impractical, the Governor's Workforce Development Council may conduct a meeting of its
members by telephone or other electronic means so long as the following conditions are
met:
deleted text end
deleted text begin
(1) all members of the council participating in the meeting, wherever their physical
location, can hear one another and can hear all discussion and testimony;
deleted text end
deleted text begin
(2) members of the public present at the regular meeting location of the council can hear
clearly all discussion and testimony and all votes of members of the council and, if needed,
receive those services required by sections 15.44 and 15.441;
deleted text end
deleted text begin
(3) at least one member of the council is physically present at the regular meeting location;
and
deleted text end
deleted text begin
(4) all votes are conducted by roll call, so each member's vote on each issue can be
identified and recorded.
deleted text end
deleted text begin
(b) Each member of the council participating in a meeting by telephone or other electronic
means is considered present at the meeting for purposes of determining a quorum and
participating in all proceedings.
deleted text end
deleted text begin
(c) If telephone or other electronic means is used to conduct a meeting, the council, to
the extent practical, shall allow a person to monitor the meeting electronically from a remote
location. The council may require the person making such a connection to pay for
documented marginal costs that the council incurs as a result of the additional connection.
deleted text end
deleted text begin
(d) If telephone or other electronic means is used to conduct a regular, special, or
emergency meeting, the council shall provide notice of the regular meeting location, of the
fact that some members may participate by telephone or other electronic means, and of the
provisions of paragraph (c). The timing and method of providing notice is governed by
section 13D.04.
deleted text end
new text begin
(a) The board shall hold regular in-person meetings at least quarterly and as often as
necessary to perform the duties outlined in the statement of authority and the board's bylaws.
Meetings shall be called by the chair. Special meetings may be called as needed. Notices
of all meetings shall be made at least 48 hours before the meeting date.
new text end
new text begin
(b) The governor shall designate a chair from among the appointed business representative
voting members. The chair shall approve an agenda for each meeting. Members shall submit
a written request for consideration of an agenda item no less than 24 hours in advance of
the meeting. Members of the public may submit a written request within 48 hours of a
meeting to be considered for inclusion in the agenda. Members of the public attending a
meeting of the board may address the board only with the approval or at the request of the
chair.
new text end
new text begin
(c) All meeting notices must be posted on the board's Web site. All meetings of the board
and committees must be open to the public. The board must make available to the public,
on a regular basis through electronic means and open meetings, information regarding the
activities of the board, information regarding membership, and, on request, minutes of
formal meetings of the board.
new text end
new text begin
(d) For the purpose of conducting business before the board at a duly called meeting, a
simple majority of the voting members, excluding any vacancies, constitutes a quorum.
new text end
deleted text begin Subd. 3. deleted text end
deleted text begin Purpose; duties. deleted text end
deleted text begin
The governor's Workforce Development Council shall replace
the governor's Job Training Council and assume all of its requirements, duties, and
responsibilities under the Workforce Investment Act. Additionally, the Workforce
Development Council shall assume the following duties and responsibilities:
deleted text end
deleted text begin
(a) Review the provision of services and the use of funds and resources under applicable
federal human resource programs and advise the governor on methods of coordinating the
provision of services and the use of funds and resources consistent with the laws and
regulations governing the programs. For purposes of this section, applicable federal and
state human resource programs mean the:
deleted text end
deleted text begin
(1) Workforce Investment Act, United States Code, title 29, section 2911, et seq.;
deleted text end
deleted text begin
(2) Carl D. Perkins Vocational and Applied Technology Education Act, United States
Code, title 20, section 2301, et seq.;
deleted text end
deleted text begin
(3) Adult Education Act, United States Code, title 20, section 1201, et seq.;
deleted text end
deleted text begin
(4) Wagner-Peyser Act, United States Code, title 29, section 49;
deleted text end
deleted text begin
(5) Personal Responsibility and Work Opportunities Act of 1996 (TANF);
deleted text end
deleted text begin
(6) Food Stamp Act of 1977, United States Code, title 7, section 6(d)(4), Food Stamp
Employment and Training Program, United States Code, title 7, section 2015(d)(4); and
deleted text end
deleted text begin
(7) programs defined in section 116L.19, subdivision 5.
deleted text end
deleted text begin
Additional federal and state programs and resources can be included within the scope
of the council's duties if recommended by the governor after consultation with the council.
deleted text end
deleted text begin
(b) Review federal, state, and local education, postsecondary, job skills training, and
youth employment programs, and make recommendations to the governor and the legislature
for establishing an integrated seamless system for providing education and work skills
development services to learners and workers of all ages.
deleted text end
deleted text begin
(c) Advise the governor on the development and implementation of statewide and local
performance standards and measures relating to applicable federal human resource programs
and the coordination of performance standards and measures among programs.
deleted text end
deleted text begin
(d) Promote education and employment transitions programs and knowledge and skills
of entrepreneurship among employers, workers, youth, and educators, and encourage
employers to provide meaningful work-based learning opportunities.
deleted text end
deleted text begin
(e) Evaluate and identify exemplary education and employment transitions programs
and provide technical assistance to local partnerships to replicate the programs throughout
the state.
deleted text end
deleted text begin
(f) Advise the governor on methods to evaluate applicable federal human resource
programs.
deleted text end
deleted text begin
(g) Sponsor appropriate studies to identify human investment needs in Minnesota and
recommend to the governor goals and methods for meeting those needs.
deleted text end
deleted text begin
(h) Recommend to the governor goals and methods for the development and coordination
of a human resource system in Minnesota.
deleted text end
deleted text begin
(i) Examine federal and state laws, rules, and regulations to assess whether they present
barriers to achieving the development of a coordinated human resource system.
deleted text end
deleted text begin
(j) Recommend to the governor and to the federal government changes in state or federal
laws, rules, or regulations concerning employment and training programs that present barriers
to achieving the development of a coordinated human resource system.
deleted text end
deleted text begin
(k) Recommend to the governor and to the federal government waivers of laws and
regulations to promote coordinated service delivery.
deleted text end
deleted text begin
(l) Sponsor appropriate studies and prepare and recommend to the governor a strategic
plan which details methods for meeting Minnesota's human investment needs and for
developing and coordinating a state human resource system.
deleted text end
deleted text begin
(m) Provide the commissioner of employment and economic development and the
committees of the legislature with responsibility for economic development with
recommendations provided to the governor under this subdivision.
deleted text end
deleted text begin
(n) In consultation with local workforce councils and the Department of Employment
and Economic Development, develop an ongoing process to identify and address local gaps
in workforce services.
deleted text end
Subd. 4.
Executive committee duties.
The executive committee must, with advice and
input of local workforce deleted text begin councilsdeleted text end new text begin boardsnew text end and other stakeholders as appropriate, develop
performance standards for the state workforce centers. By January 15, deleted text begin 2002deleted text end new text begin 2019new text end , and each
odd-numbered year thereafter, the executive committee shall submit a report to the senate
and house of representatives committees with jurisdiction over workforce development
programs regarding the performance and outcomes of the workforce centers. The report
must provide recommendations regarding workforce center funding levels and sources,
program changes, and administrative changes.
Subd. 5.
Subcommittees.
The chair of the Workforce Development deleted text begin Councildeleted text end new text begin Boardnew text end may
establish subcommittees in order to carry out the duties and responsibilities of the deleted text begin councildeleted text end new text begin
boardnew text end .
Subd. 6.
Staffing.
The deleted text begin Department ofdeleted text end new text begin commissioner ofnew text end employment and economic
development must provide staffdeleted text begin , including but not limited to professional, technical, and
clerical staffdeleted text end new text begin to the boardnew text end necessary to deleted text begin perform the duties assigned to the Minnesota
Workforce Development Council. All staff report to the commissionerdeleted text end new text begin carry out the duties
of the boardnew text end . deleted text begin The council may ask for assistance from other units ofdeleted text end new text begin At the request of the
board, new text end state deleted text begin government asdeleted text end new text begin departments and agencies must provide the board with the
assistance new text end it requires deleted text begin in orderdeleted text end to fulfill its duties and responsibilities.
Subd. 7.
Expiration.
The deleted text begin councildeleted text end new text begin boardnew text end expires if there is no federal funding for the
human resource programs within the scope of the deleted text begin council'sdeleted text end new text begin board'snew text end duties.
Subd. 8.
Funding.
The commissioner deleted text begin shall develop recommendations on a funding
formula for allocating Workforce Investment Act funds to the council with a minimum
allocationdeleted text end ofnew text begin employment and economic development must provide at leastnew text end $350,000 deleted text begin perdeleted text end new text begin
each fiscalnew text end yeardeleted text begin . The commissioner shall report the funding formula recommendations to
the legislature by January 15, 2011deleted text end new text begin from existing agency resources to the board for staffing
and administrative expensesnew text end .
Sec. 11.
Minnesota Statutes 2016, section 116M.14, subdivision 4, is amended to read:
Subd. 4.
Low-income area.
"Low-income area" means:
(1) Minneapolis, St. Paul;
(2) those cities in the metropolitan area as defined in section 473.121, subdivision 2,
that have deleted text begin an average incomedeleted text end new text begin a median income for a family of fournew text end that is below 80 percent
of the median income for a four-person family as of the latest report by the United States
Census Bureau; and
(3) the area outside the metropolitan area.
Sec. 12.
Minnesota Statutes 2016, section 116M.17, subdivision 4, is amended to read:
Subd. 4.
Reports.
The deleted text begin boarddeleted text end new text begin departmentnew text end shall submit an annual report to the legislature
of an accounting of loans made under section 116M.18, including information on loans
made, the number of jobs created by the program, the impact on low-income areas, and
recommendations concerning minority business development and jobs for persons in
low-income areas.
Sec. 13.
Minnesota Statutes 2016, section 116M.18, subdivision 1a, is amended to read:
Subd. 1a.
Statewide loans.
To the extent there is sufficient eligible demand, loans shall
be made so that an approximately equal dollar amount of loans are made to businesses in
the metropolitan area as in the nonmetropolitan area. After deleted text begin September 30deleted text end new text begin March 31new text end of each
deleted text begin calendardeleted text end new text begin fiscalnew text end year, the department may allow loans to be made anywhere in the state
without regard to geographic area.
Sec. 14.
Minnesota Statutes 2016, section 116M.18, subdivision 4, is amended to read:
Subd. 4.
Business loan criteria.
(a) The criteria in this subdivision apply to loans made
by nonprofit corporations under the program.
(b) Loans must be made to businesses that are not likely to undertake a project for which
loans are sought without assistance from the program.
(c) A loan must be used to support a business owned by a minority or a low-income
person, woman, veteran, or a person with disabilities. Priority must be given for loans to
the lowest income areas.
(d) The minimum state contribution to a loan is $5,000 and the maximum is $150,000.
(e) The state contribution must be matched by at least an equal amount of new private
investment.
(f) A loan may not be used for a retail development project.
(g) The business must agree to work with job referral networks that focus on minority
and low-income applicants.
new text begin
(h) Up to ten percent of a loan's principal amount may be forgiven if the department
approves and the borrower has met lender criteria including being current with all payments.
new text end
Sec. 15.
Minnesota Statutes 2016, section 116M.18, subdivision 4a, is amended to read:
Subd. 4a.
Microenterprise loan.
new text begin (a) new text end Program grants may be used to make microenterprise
loans to small, beginning businesses, including a sole proprietorship. Microenterprise loans
are subject to this section except that:
(1) they may also be made to qualified retail businesses;
(2) they may be made for a minimum of $5,000 and a maximum of $35,000;
(3) in a low-income area, they may be made for a minimum of $5,000 and a maximum
of $50,000; and
(4) they do not require a match.
new text begin
(b) Up to ten percent of a loan's principal amount may be forgiven if the department
approves and the borrower has met lender criteria including being current with all payments.
new text end
Sec. 16.
Minnesota Statutes 2016, section 116M.18, subdivision 8, is amended to read:
Subd. 8.
Reporting requirements.
A nonprofit corporation that receives a program
grant shall:
(1) submit an annual report to the deleted text begin board anddeleted text end department by deleted text begin March 30deleted text end new text begin February 15new text end of
each year that includes a description of businesses supported by the grant program, an
account of loans made during the calendar year, the program's impact on minority business
enterprises and job creation for minority persons and low-income persons, the source and
amount of money collected and distributed by the program, the program's assets and
liabilities, and an explanation of administrative expenses; and
(2) provide for an independent annual audit to be performed in accordance with generally
accepted accounting practices and auditing standards and submit a copy of each annual
audit report to the department.
Sec. 17.
Laws 2014, chapter 312, article 2, section 14, as amended by Laws 2016, chapter
189, article 7, section 8, is amended to read:
Sec. 14. ASSIGNED RISK TRANSFER.
(a) By June 30, 2015, if the commissioner of commerce determines on the basis of an
audit that there is an excess surplus in the assigned risk plan created under Minnesota
Statutes, section 79.252, the commissioner of management and budget shall transfer the
amount of the excess surplus, not to exceed $10,500,000, to the general fund. This transfer
occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1,
paragraph (a), clause (1). This is a onetime transfer.
(b) By June 30, 2015, and each year thereafter, if the commissioner of commerce
determines on the basis of an audit that there is an excess surplus in the assigned risk plan
created under Minnesota Statutes, section 79.252, the commissioner of management and
budget shall transfer the amount of the excess surplus, not to exceed $4,820,000 each year,
to the Minnesota minerals 21st century fund under Minnesota Statutes, section 116J.423.
This transfer occurs prior to any transfer under Minnesota Statutes, section 79.251,
subdivision 1, paragraph (a), clause (1), but after the deleted text begin transferdeleted text end new text begin transfersnew text end authorized in deleted text begin paragraphdeleted text end new text begin
paragraphsnew text end (a)new text begin and (f)new text end . The total amount authorized for all transfers under this paragraph
must not exceed $24,100,000. This paragraph expires the day following the transfer in which
the total amount transferred under this paragraph to the Minnesota minerals 21st century
fund equals $24,100,000.
(c) By June 30, 2015, if the commissioner of commerce determines on the basis of an
audit that there is an excess surplus in the assigned risk plan created under Minnesota
Statutes, section 79.252, the commissioner of management and budget shall transfer the
amount of the excess surplus, not to exceed $4,820,000, to the general fund. This transfer
occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1,
paragraph (a), clause (1), but after any transfers authorized in paragraphs (a) and (b). If a
transfer occurs under this paragraph, the amount transferred is appropriated from the general
fund in fiscal year 2015 to the commissioner of labor and industry for the purposes of section
15. Both the transfer and appropriation under this paragraph are onetime.
(d) By June 30, 2016, if the commissioner of commerce determines on the basis of an
audit that there is an excess surplus in the assigned risk plan created under Minnesota
Statutes, section 79.252, the commissioner of management and budget shall transfer the
amount of the excess surplus, not to exceed $4,820,000, to the general fund. This transfer
occurs prior to any transfer under Minnesota Statutes, section 79.251, subdivision 1,
paragraph (a), clause (1), but after the transfers authorized in paragraphs (a) and (b). If a
transfer occurs under this paragraph, the amount transferred is appropriated from the general
fund in fiscal year 2016 to the commissioner of labor and industry for the purposes of section
15. Both the transfer and appropriation under this paragraph are onetime.
(e) Notwithstanding Minnesota Statutes, section 16A.28, the commissioner of
management and budget shall transfer to the general fund, any unencumbered or unexpended
balance of the appropriations under paragraphs (c) and (d) remaining on June 30, 2016, or
the date the commissioner of commerce determines that an excess surplus in the assigned
risk plan does not exist, whichever occurs earlier.
new text begin
(f) By June 30, 2017, and each year thereafter, if the commissioner of commerce
determines on the basis of an audit that there is an excess surplus in the assigned risk plan
created under Minnesota Statutes, section 79.252, the commissioner of management and
budget shall transfer the amount of the excess surplus, not to exceed $2,000,000 each year,
to the rural policy and development center fund under Minnesota Statutes, section 116J.4221.
This transfer occurs prior to any transfer under paragraph (b) or under Minnesota Statutes,
section 79.251, subdivision 1, paragraph (a), clause (1). The total amount authorized for all
transfers under this paragraph must not exceed $2,000,000. This paragraph expires the day
following the transfer in which the total amount transferred under this paragraph to the rural
policy and development center fund equals $2,000,000.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Laws 2015, First Special Session chapter 1, article 1, section 2, subdivision 6, is
amended to read:
Subd. 6.Vocational Rehabilitation
|
||||||
| Appropriations by Fund |
||
| General |
22,611,000 |
21,611,000 |
| Workforce Development |
7,830,000 |
7,830,000 |
(a) $10,800,000 each year is from the general
fund for the state's vocational rehabilitation
program under Minnesota Statutes, chapter
268A.
(b) $2,261,000 each year is from the general
fund for grants to centers for independent
living under Minnesota Statutes, section
268A.11.
(c) $5,745,000 each year from the general fund
and $6,830,000 each year from the workforce
development fund are for extended
employment services for persons with severe
disabilities under Minnesota Statutes, section
268A.15.
(d) $250,000 in fiscal year 2016 and $250,000
in fiscal year 2017 are for rate increases to
providers of extended employment services
for persons with severe disabilities under
Minnesota Statutes, section 268A.15. This
appropriation is added to the agency's base.
(e) $2,555,000 each year is from the general
fund for grants to programs that provide
employment support services to persons with
mental illness under Minnesota Statutes,
sections 268A.13 and 268A.14.
(f) $1,000,000 each year is from the workforce
development fund for grants under Minnesota
Statutes, section 268A.16, for employment
services for persons, including transition-aged
youth, who are deaf, deafblind, or
hard-of-hearing. If the amount in the first year
is insufficient, the amount in the second year
is available in the first year.
(g) $1,000,000 in fiscal year 2016 is for a
grant to Assistive Technology of Minnesota,
a statewide nonprofit organization that is
exclusively dedicated to the issues of access
to and the acquisition of assistive technology.
deleted text begin The purpose of the grant is to acquire assistive
technology and to work in tandem with
individuals using this technology to create
career pathsdeleted text end new text begin Assistive Technology of
Minnesota must use the funds to provide
low-interest loans to individuals of all ages
and types of disabilities to purchase assistive
technology and employment-related
equipmentnew text end . This is a onetime appropriationnew text begin
and is available until June 30, 2019new text end .
(h) For purposes of this subdivision,
Minnesota Diversified Industries, Inc. is an
eligible provider of services for persons with
severe disabilities under Minnesota Statutes,
section 268A.15.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2015.
new text end
Sec. 19.
Laws 2016, chapter 189, article 7, section 46, subdivision 3, is amended to read:
Subd. 3.
Qualification requirements.
To qualify for assistance under this section, a
business must:
(1) be located within one of the following municipalities surrounding Lake Mille Lacs:
(i) in Crow Wing County, the city of Garrison, township of Garrison, or township of
Roosevelt;
(ii) in Aitkin County, the township of Hazelton, township of Wealthwood, township of
Malmo, or township of Lakeside; or
(iii) in Mille Lacs County, the city of Isle, city of Wahkon, city of Onamia, township of
East Side, township of Isle Harbor, township of South Harbor, or township of Kathio;
(2) document a reduction of at least deleted text begin tendeleted text end new text begin fivenew text end percent in gross receipts in any two-year
period since 2010; and
(3) be a business in one of the following industries, as defined within the North American
Industry Classification System: accommodation, restaurants, bars, amusement and recreation,
food and beverages retail, sporting goods, miscellaneous retail, general retail, museums,
historical sites, health and personal care, gas station, general merchandise, business and
professional membership, movies, or nonstore retailer, as determined by Mille Lacs County
in consultation with the commissioner of employment and economic development.
Sec. 20.
Laws 2016, chapter 189, article 7, section 46, the effective date, is amended to
read:
EFFECTIVE DATE.
This section, except for subdivision 4, is effective July 1, 2016,
and expires June 30, deleted text begin 2017deleted text end new text begin 2018new text end . Subdivision 4 is effective July 1, 2016, and expires on the
date the last loan is repaid or forgiven as provided under this section.
Sec. 21. new text begin EMERGING ENTREPRENEUR PROGRAM APPROPRIATIONS
CANCELLATIONS.
new text end
new text begin
All unspent funds, estimated to be $376,000, appropriated in Laws 2016, chapter 189,
article 7, section 2, subdivision 2, paragraph (h), clause (7), and Laws 2016, chapter 189,
article 12, section 2, subdivision 2, paragraph (p), are canceled to the general fund.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22. new text begin GREATER MINNESOTA COMMUNITY DESIGN PILOT PROJECT.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
The Minnesota Design Center at the University of Minnesota
shall partner with relevant organizations in selected communities within greater Minnesota
to establish a pilot project for community design. The pilot project shall identify current
and future opportunities for rural development, create designs, seek funding from existing
sources, and assist with the implementation of economically, environmentally, and culturally
sensitive projects that respond to current community conditions, needs, capabilities, and
aspirations in support of the selected communities. For the purposes of this section, "greater
Minnesota" is limited to the following counties: Blue Earth, Brown, Dodge, Faribault,
Fillmore, Freeborn, Goodhue, Houston, Le Sueur, Martin, Mower, Olmsted, Rice, Sibley,
Steele, Wabasha, Waseca, Watonwan, and Winona.
new text end
new text begin Subd. 2. new text end
new text begin Community selection. new text end
new text begin
In order to be considered for inclusion in the pilot
project, communities with fewer than 12,000 residents within the counties listed in
subdivision 1 must submit a letter of interest to the Minnesota Design Center. The Minnesota
Design Center may choose up to ten communities for participation in the pilot project.
new text end
new text begin Subd. 3. new text end
new text begin Pilot project activities. new text end
new text begin
Among other activities, the Minnesota Design Center,
in partnership with relevant organizations within the selected communities, shall:
new text end
new text begin
(1) assess community capacity to engage in design, development, and implementation;
new text end
new text begin
(2) create community and project designs that respond to a community's culture and
needs, reinforce its identity as a special place, and support its future aspirations;
new text end
new text begin
(3) create an implementation strategy; and
new text end
new text begin
(4) build capacity to implement design work by identifying potential funding strategies
and sources and assisting in grant writing to secure funding.
new text end
Sec. 23. new text begin DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT;
MANDATED REPORT HOLIDAY.
new text end
new text begin
(a) Notwithstanding any law to the contrary, any report required by state law from the
Department of Employment and Economic Development that is due in fiscal year 2018 or
2019 is optional. The commissioner of employment and economic development may produce
any reports at the commissioner's discretion or as may be required by federal law.
new text end
new text begin
(b) This section does not apply to workforce programs outcomes reporting under
Minnesota Statutes, section 116L.98, or the agency activity and expenditure report under
article 12, section 3.
new text end
Sec. 24. new text begin ONETIME EXCEPTION TO RESTRICTIONS ON USE OF MINNESOTA
INVESTMENT FUND LOCAL GOVERNMENT LOAN REPAYMENT FUNDS.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 116J.8731, a home rule charter or
statutory city, county, or town that has uncommitted money received from repayment of
funds awarded under Minnesota Statutes, section 116J.8731, may choose to transfer 20
percent of the balance of that money to the state general fund before June 30, 2018. Any
local entity that does so may then use the remaining 80 percent of the uncommitted money
as a general purpose aid for any lawful expenditure.
new text end
new text begin
(b) By February 15, 2019, a home rule charter or statutory city, county, or town that
exercises the option under paragraph (a) shall submit to the chairs of the legislative
committees with jurisdiction over economic development policy and finance an accounting
and explanation of the use and distribution of the funds.
new text end
Sec. 25. new text begin GETTING TO WORK GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Creation. new text end
new text begin
The commissioner of employment and economic development
shall make grants to nonprofit organizations to establish and operate programs under this
section that provide, repair, or maintain motor vehicles to assist eligible individuals to obtain
or maintain employment.
new text end
new text begin Subd. 2. new text end
new text begin Qualified grantee. new text end
new text begin
A grantee must:
new text end
new text begin
(1) qualify under section 501(c)(3) of the Internal Revenue Code; and
new text end
new text begin
(2) at the time of application offer, or have the demonstrated capacity to offer, a motor
vehicle program that provides the services required under subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Program requirements. new text end
new text begin
(a) A program must offer one or more of the following
services:
new text end
new text begin
(1) provision of new or used motor vehicles by gift, sale, or lease;
new text end
new text begin
(2) motor vehicle repair and maintenance services; or
new text end
new text begin
(3) motor vehicle loans.
new text end
new text begin
(b) In addition to the requirements of paragraph (a), a program must offer one or more
of the following services:
new text end
new text begin
(1) financial literacy education;
new text end
new text begin
(2) education on budgeting for vehicle ownership;
new text end
new text begin
(3) car maintenance and repair instruction;
new text end
new text begin
(4) credit counseling; or
new text end
new text begin
(5) job training related to motor vehicle maintenance and repair.
new text end
new text begin Subd. 4. new text end
new text begin Application. new text end
new text begin
Applications for a grant must be on a form provided by the
commissioner and on a schedule set by the commissioner. Applications must, in addition
to any other information required by the commissioner, include the following:
new text end
new text begin
(1) a detailed description of all services to be offered;
new text end
new text begin
(2) the area to be served;
new text end
new text begin
(3) the estimated number of program participants to be served by the grant; and
new text end
new text begin
(4) a plan for leveraging resources from partners that may include, but are not limited
to:
new text end
new text begin
(i) automobile dealers;
new text end
new text begin
(ii) automobile parts dealers;
new text end
new text begin
(iii) independent local mechanics and automobile repair facilities;
new text end
new text begin
(iv) banks and credit unions;
new text end
new text begin
(v) employers;
new text end
new text begin
(vi) employment and training agencies;
new text end
new text begin
(vii) insurance companies and agents;
new text end
new text begin
(viii) local workforce centers; and
new text end
new text begin
(ix) educational institutions including vocational institutions and jobs or skills training
programs.
new text end
new text begin Subd. 5. new text end
new text begin Participant eligibility. new text end
new text begin
(a) To be eligible to receive program services, a person
must:
new text end
new text begin
(1) have a household income at or below 200 percent of the federal poverty level;
new text end
new text begin
(2) be at least 22 years of age;
new text end
new text begin
(3) have a valid driver's license;
new text end
new text begin
(4) provide the grantee with proof of motor vehicle insurance; and
new text end
new text begin
(5) demonstrate to the grantee that a motor vehicle is required by the person to obtain
or maintain employment.
new text end
new text begin
(b) This subdivision does not preclude a grantee from imposing additional requirements,
not inconsistent with paragraph (a), for the receipt of program services.
new text end
new text begin Subd. 6. new text end
new text begin Report to legislature. new text end
new text begin
By February 15, 2019, the commissioner shall submit
a report to the chairs of the house of representatives and senate committees with jurisdiction
over workforce and economic development on program outcomes. At a minimum, the report
must include:
new text end
new text begin
(1) the total number of program participants;
new text end
new text begin
(2) the number of program participants who received each of the following:
new text end
new text begin
(i) provision of a motor vehicle;
new text end
new text begin
(ii) motor vehicle repair services; and
new text end
new text begin
(iii) motor vehicle loans;
new text end
new text begin
(3) the number of program participants who report that they or their children were able
to increase their participation in community activities such as after school programs, other
youth programs, church or civic groups, or library services as a result of participation in the
program; and
new text end
new text begin
(4) an analysis of the impact of the getting to work grant program on the employment
rate and wages of program participants.
new text end
Sec. 26. new text begin ECONOMIC IMPACT STUDY OF BIOMASS FACILITY CLOSURE.
new text end
new text begin
The commissioner of employment and economic development shall conduct a study to
examine the economic impact of the closure of a biomass facility located in the city of
Benson that uses poultry litter to generate electricity. In conducting the study, the
commissioner must analyze the impact of the closure of the biomass facility on employment
and income in the local economy, including impacts on ancillary providers of goods and
services to the biomass facility. The commissioner must report study findings to the
legislature by February 15, 2018.
new text end
Sec. 27. new text begin USE OF UNALLOCATED FUNDS.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, sections 116L.05, subdivision 5, and 116L.20,
subdivision 2, in fiscal years 2018 and 2019 only, the unallocated workforce development
funds appropriated to the Job Skills Partnership Board under Minnesota Statutes, section
116L.20, subdivision 2, paragraph (b), may be used for other job creation and economic
enhancement opportunities in Minnesota at the discretion of the commissioner.
new text end
new text begin
(b) Notwithstanding Minnesota Statutes, section 116J.8731, in fiscal years 2018 and
2019 only, funds appropriated to the commissioner for the Minnesota investment fund may
be used for other job creation and economic enhancement opportunities in Minnesota at the
discretion of the commissioner. Grants under this paragraph are not subject to the grant
amount limitation under Minnesota Statutes, section 116J.8731.
new text end
new text begin
(c) Notwithstanding Minnesota Statutes, section 116J.748, in fiscal years 2018 and 2019
only, funds appropriated to the commissioner for the job creation fund may be used for
other job creation and economic enhancement opportunities in Minnesota at the discretion
of the commissioner.
new text end
Sec. 28. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2016, section 116J.549,
new text end
new text begin
and
new text end
new text begin
Minnesota Rules, parts 4355.0100;
4355.0200; 4355.0300; 4355.0400; and 4355.0500,
new text end
new text begin
are repealed.
new text end
ARTICLE 7
IRON RANGE RESOURCES AND REHABILITATION POLICY
Section 1.
Minnesota Statutes 2016, section 3.732, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
As used in this section and section 3.736 the terms defined
in this section have the meanings given them.
(1) "State" includes each of the departments, boards, agencies, commissions, courts, and
officers in the executive, legislative, and judicial branches of the state of Minnesota and
includes but is not limited to the Housing Finance Agency, the Minnesota Office of Higher
Education, the Higher Education Facilities Authority, the Health Technology Advisory
Committee, the Armory Building Commission, the Zoological Board, the new text begin Department of
new text end Iron Range Resources and Rehabilitation deleted text begin Boarddeleted text end , the Minnesota Historical Society, the State
Agricultural Society, the University of Minnesota, the Minnesota State Colleges and
Universities, state hospitals, and state penal institutions. It does not include a city, town,
county, school district, or other local governmental body corporate and politic.
(2) "Employee of the state" means all present or former officers, members, directors, or
employees of the state, members of the Minnesota National Guard, members of a bomb
disposal unit approved by the commissioner of public safety and employed by a municipality
defined in section 466.01 when engaged in the disposal or neutralization of bombs or other
similar hazardous explosives, as defined in section 299C.063, outside the jurisdiction of the
municipality but within the state, or persons acting on behalf of the state in an official
capacity, temporarily or permanently, with or without compensation. It does not include
either an independent contractor except, for purposes of this section and section 3.736 only,
a guardian ad litem acting under court appointment, or members of the Minnesota National
Guard while engaged in training or duty under United States Code, title 10, or title 32,
section 316, 502, 503, 504, or 505, as amended through December 31, 1983. Notwithstanding
sections 43A.02 and 611.263, for purposes of this section and section 3.736 only, "employee
of the state" includes a district public defender or assistant district public defender in the
Second or Fourth Judicial District, a member of the Health Technology Advisory Committee,
and any officer, agent, or employee of the state of Wisconsin performing work for the state
of Minnesota pursuant to a joint state initiative.
(3) "Scope of office or employment" means that the employee was acting on behalf of
the state in the performance of duties or tasks lawfully assigned by competent authority.
(4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25.
Sec. 2.
Minnesota Statutes 2016, section 3.736, subdivision 3, is amended to read:
Subd. 3.
Exclusions.
Without intent to preclude the courts from finding additional cases
where the state and its employees should not, in equity and good conscience, pay
compensation for personal injuries or property losses, the legislature declares that the state
and its employees are not liable for the following losses:
(a) a loss caused by an act or omission of a state employee exercising due care in the
execution of a valid or invalid statute or rule;
(b) a loss caused by the performance or failure to perform a discretionary duty, whether
or not the discretion is abused;
(c) a loss in connection with the assessment and collection of taxes;
(d) a loss caused by snow or ice conditions on a highway or public sidewalk that does
not abut a publicly owned building or a publicly owned parking lot, except when the condition
is affirmatively caused by the negligent acts of a state employee;
(e) a loss caused by wild animals in their natural state, except as provided in section
3.7371;
(f) a loss other than injury to or loss of property or personal injury or death;
(g) a loss caused by the condition of unimproved real property owned by the state, which
means land that the state has not improved, state land that contains idled or abandoned mine
pits or shafts, and appurtenances, fixtures, and attachments to land that the state has neither
affixed nor improved;
(h) a loss involving or arising out of the use or operation of a recreational motor vehicle,
as defined in section 84.90, subdivision 1, within the right-of-way of a trunk highway, as
defined in section 160.02, except that the state is liable for conduct that would entitle a
trespasser to damages against a private person;
(i) a loss incurred by a user arising from the construction, operation, or maintenance of
the outdoor recreation system, as defined in section 86A.04, or for a loss arising from the
construction, operation, maintenance, or administration of grants-in-aid trails as defined in
section 85.018, or for a loss arising from the construction, operation, or maintenance of a
water access site created by the new text begin Department of new text end Iron Range Resources and Rehabilitation
deleted text begin Boarddeleted text end , except that the state is liable for conduct that would entitle a trespasser to damages
against a private person. For the purposes of this clause, a water access site, as defined in
section 86A.04 or created by the new text begin commissioner of new text end Iron Range resources and rehabilitation
deleted text begin Boarddeleted text end , that provides access to an idled, water filled mine pit, also includes the entire water
filled area of the pit and, further, includes losses caused by the caving or slumping of the
mine pit walls;
(j) a loss of benefits or compensation due under a program of public assistance or public
welfare, except if state compensation for loss is expressly required by federal law in order
for the state to receive federal grants-in-aid;
(k) a loss based on the failure of a person to meet the standards needed for a license,
permit, or other authorization issued by the state or its agents;
(l) a loss based on the usual care and treatment, or lack of care and treatment, of a person
at a state hospital or state corrections facility where reasonable use of available appropriations
has been made to provide care;
(m) loss, damage, or destruction of property of a patient or inmate of a state institution
except as provided under section 3.7381;
(n) a loss for which recovery is prohibited by section 169A.48, subdivision 2;
(o) a loss caused by an aeration, bubbler, water circulation, or similar system used to
increase dissolved oxygen or maintain open water on the ice of public waters, that is operated
under a permit issued by the commissioner of natural resources;
(p) a loss incurred by a visitor to the Minnesota Zoological Garden, except that the state
is liable for conduct that would entitle a trespasser to damages against a private person;
(q) a loss arising out of a person's use of a logging road on public land that is maintained
exclusively to provide access to timber on that land by harvesters of the timber, and is not
signed or otherwise held out to the public as a public highway; and
(r) a loss incurred by a user of property owned, leased, or otherwise controlled by the
Minnesota National Guard or the Department of Military Affairs, except that the state is
liable for conduct that would entitle a trespasser to damages against a private person.
The state will not pay punitive damages.
Sec. 3.
Minnesota Statutes 2016, section 15.01, is amended to read:
15.01 DEPARTMENTS OF THE STATE.
The following agencies are designated as the departments of the state government: the
Department of Administration; the Department of Agriculture; the Department of Commerce;
the Department of Corrections; the Department of Education; the Department of Employment
and Economic Development; the Department of Health; the Department of Human Rights;new text begin
the Department of Iron Range Resources and Rehabilitation;new text end the Department of Labor and
Industry; the Department of Management and Budget; the Department of Military Affairs;
the Department of Natural Resources; the Department of Public Safety; the Department of
Human Services; the Department of Revenue; the Department of Transportation; the
Department of Veterans Affairs; and their successor departments.
Sec. 4.
Minnesota Statutes 2016, section 15.38, subdivision 7, is amended to read:
Subd. 7.
new text begin Department of new text end Iron Range Resources and Rehabilitation deleted text begin Boarddeleted text end .
new text begin After
seeking a recommendation from the Iron Range Resources and Rehabilitation Board, new text end the
new text begin commissioner of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end may purchase insurance deleted text begin it
considersdeleted text end new text begin the commissioner deems new text end necessary and appropriate to insure facilities operated
by the deleted text begin boarddeleted text end new text begin commissionernew text end .
Sec. 5.
Minnesota Statutes 2016, section 15A.0815, subdivision 3, is amended to read:
Subd. 3.
Group II salary limits.
The salary for a position listed in this subdivision shall
not exceed 120 percent of the salary of the governor. This limit must be adjusted annually
on January 1. The new limit must equal the limit for the prior year increased by the percentage
increase, if any, in the Consumer Price Index for all urban consumers from October of the
second prior year to October of the immediately prior year. The commissioner of management
and budget must publish the limit on the department's Web site. This subdivision applies
to the following positions:
Executive director of Gambling Control Board;
Commissionerdeleted text begin ,deleted text end new text begin ofnew text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end ;
Commissioner, Bureau of Mediation Services;
Ombudsman for Mental Health and Developmental Disabilities;
Chair, Metropolitan Council;
School trust lands director;
Executive director of pari-mutuel racing; and
Commissioner, Public Utilities Commission.
Sec. 6.
Minnesota Statutes 2016, section 43A.02, subdivision 22, is amended to read:
Subd. 22.
Executive branch.
"Executive branch" means heads of all agencies of state
government, elective or appointive, established by statute or Constitution and all employees
of those agency heads who have within their particular field of responsibility statewide
jurisdiction and who are not within the legislative or judicial branches of government. The
executive branch also includes employees of the new text begin Department of new text end Iron Range Resources and
Rehabilitation deleted text begin Boarddeleted text end . The executive branch does not include agencies with jurisdiction in
specifically defined geographical areas, such as regions, counties, cities, towns,
municipalities, or school districts, the University of Minnesota, the Public Employees
Retirement Association, the Minnesota State Retirement System, the Teachers Retirement
Association, the Minnesota Historical Society, and all of their employees, and any other
entity which is incorporated, even though it receives state funds.
Sec. 7.
Minnesota Statutes 2016, section 85.0146, subdivision 1, is amended to read:
Subdivision 1.
Advisory council created.
The Cuyuna Country State Recreation Area
Citizens Advisory Council is established. Membership on the advisory council shall include:
(1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers Board;
(2) a representative of the Croft Mine Historical Park Joint Powers Board;
(3) a designee of the Cuyuna Range Mineland Reclamation Committee who has worked
as a miner in the local area;
(4) a representative of the Crow Wing County Board;
(5) an elected state official;
(6) a representative of the Grand Rapids regional office of the Department of Natural
Resources;
(7) a designee of the new text begin commissioner of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end ;
(8) a designee of the local business community selected by the area chambers of
commerce;
(9) a designee of the local environmental community selected by the Crow Wing County
District 5 commissioner;
(10) a designee of a local education organization selected by the Crosby-Ironton School
Board;
(11) a designee of one of the recreation area user groups selected by the Cuyuna Range
Chamber of Commerce; and
(12) a member of the Cuyuna Country Heritage Preservation Society.
Sec. 8.
Minnesota Statutes 2016, section 116D.04, subdivision 1a, is amended to read:
Subd. 1a.
Definitions.
For the purposes of this chapter, the following terms have the
meanings given to them in this subdivision.
(a) "Natural resources" has the meaning given it in section 116B.02, subdivision 4.
(b) "Pollution, impairment or destruction" has the meaning given it in section 116B.02,
subdivision 5.
(c) "Environmental assessment worksheet" means a brief document which is designed
to set out the basic facts necessary to determine whether an environmental impact statement
is required for a proposed action.
(d) "Governmental action" means activities, including projects wholly or partially
conducted, permitted, assisted, financed, regulated, or approved by units of government
including the federal government.
(e) "Governmental unit" means any state agency and any general or special purpose unit
of government in the state including, but not limited to, watershed districts organized under
chapter 103D, counties, towns, cities, port authorities, housing authorities, and economic
development authorities established under sections 469.090 to 469.108, but not including
courts, school districts, new text begin the Department of new text end Iron Range Resources and Rehabilitation, and
regional development commissions other than the Metropolitan Council.
Sec. 9.
Minnesota Statutes 2016, section 116J.423, subdivision 2, is amended to read:
Subd. 2.
Use of fund.
The commissioner shall use money in the fund to make loans deleted text begin ordeleted text end new text begin ,
including forgivable loans,new text end equity investmentsnew text begin , or grants for infrastructurenew text end in mineral, steel,
or any other industry processing, production, manufacturing, or technology project that
would enhance the economic diversification and that is located within the taconite deleted text begin reliefdeleted text end
deleted text begin taxdeleted text end new text begin assistance new text end area as defined under section deleted text begin 273.134deleted text end new text begin 273.1341new text end . The commissioner must,
prior to making any loans or equity investments and after consultation with industry and
public officials, develop a strategy for making loans deleted text begin anddeleted text end new text begin ,new text end equity investmentsnew text begin , or grants for
infrastructurenew text end that assists the taconite deleted text begin reliefdeleted text end new text begin assistancenew text end area in retaining and enhancing its
economic competitiveness. Money in the fund may also be used to pay for the costs of
carrying out the commissioner's due diligence duties under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Minnesota Statutes 2016, section 116J.424, is amended to read:
116J.424 IRON RANGE RESOURCES AND REHABILITATION deleted text begin BOARDdeleted text end
CONTRIBUTION.
The commissioner of deleted text begin thedeleted text end Iron Range resources and rehabilitation deleted text begin Board with approval
by the boarddeleted text end ,new text begin after consultation with the Iron Range Resources and Rehabilitation Board,new text end
may provide an equal match for any loan or equity investment made for a project located
in the deleted text begin tax reliefdeleted text end new text begin taconite assistance new text end area defined in section deleted text begin 273.134, paragraph (b)deleted text end new text begin 273.1341new text end ,
by the Minnesota 21st century fund created by section 116J.423. The match may be in the
form of a loan or equity investment, notwithstanding whether the fund makes a loan or
equity investment. The state shall not acquire an equity interest because of an equity
investment or loan by the deleted text begin board and the board at its sole discretion shalldeleted text end new text begin commissioner of
Iron Range resources and rehabilitation and the commissioner of Iron Range resources and
rehabilitation, after consultation with the advisory board, shall have sole discretion tonew text end decide
what interest deleted text begin itdeleted text end new text begin the fund new text end acquires in a project. The commissioner of employment and
economic development may require a commitment from the deleted text begin boarddeleted text end new text begin commissioner of Iron
Range resources and rehabilitationnew text end to make the match prior to disbursing money from the
fund.
Sec. 11.
Minnesota Statutes 2016, section 116J.994, subdivision 3, is amended to read:
Subd. 3.
Subsidy agreement.
(a) A recipient must enter into a subsidy agreement with
the grantor of the subsidy that includes:
(1) a description of the subsidy, including the amount and type of subsidy, and type of
district if the subsidy is tax increment financing;
(2) a statement of the public purposes for the subsidy;
(3) measurable, specific, and tangible goals for the subsidy;
(4) a description of the financial obligation of the recipient if the goals are not met;
(5) a statement of why the subsidy is needed;
(6) a commitment to continue operations in the jurisdiction where the subsidy is used
for at least five years after the benefit date;
(7) the name and address of the parent corporation of the recipient, if any; and
(8) a list of all financial assistance by all grantors for the project.
(b) Business subsidies in the form of grants must be structured as forgivable loans. For
other types of business subsidies, the agreement must state the fair market value of the
subsidy to the recipient, including the value of conveying property at less than a fair market
price, or other in-kind benefits to the recipient.
(c) If a business subsidy benefits more than one recipient, the grantor must assign a
proportion of the business subsidy to each recipient that signs a subsidy agreement. The
proportion assessed to each recipient must reflect a reasonable estimate of the recipient's
share of the total benefits of the project.
(d) The state or local government agency and the recipient must both sign the subsidy
agreement and, if the grantor is a local government agency, the agreement must be approved
by the local elected governing body, except for the St. Paul Port Authority and a seaway
port authority.
(e) Notwithstanding the provision in paragraph (a), clause (6), a recipient may be
authorized to move from the jurisdiction where the subsidy is used within the five-year
period after the benefit date if, after a public hearing, the grantor approves the recipient's
request to move. For the purpose of this paragraph, if the grantor is a state government
agency other than the new text begin Department of new text end Iron Range Resources and Rehabilitation deleted text begin Boarddeleted text end ,
"jurisdiction" means a city or township.
Sec. 12.
Minnesota Statutes 2016, section 116J.994, subdivision 5, is amended to read:
Subd. 5.
Public notice and hearing.
(a) Before granting a business subsidy that exceeds
$500,000 for a state government grantor and $150,000 for a local government grantor, the
grantor must provide public notice and a hearing on the subsidy. A public hearing and notice
under this subdivision is not required if a hearing and notice on the subsidy is otherwise
required by law.
(b) Public notice of a proposed business subsidy under this subdivision by a state
government grantor, other than the new text begin commissioner of new text end Iron Range resources and rehabilitation
deleted text begin Boarddeleted text end , must be published in the State Register. Public notice of a proposed business subsidy
under this subdivision by a local government grantor or the new text begin commissioner of new text end Iron Range
resources and rehabilitation deleted text begin Boarddeleted text end must be published in a local newspaper of general
circulation. The public notice must identify the location at which information about the
business subsidy, including a summary of the terms of the subsidy, is available. Published
notice should be sufficiently conspicuous in size and placement to distinguish the notice
from the surrounding text. The grantor must make the information available in printed paper
copies and, if possible, on the Internet. The government agency must provide at least a
ten-day notice for the public hearing.
(c) The public notice must include the date, time, and place of the hearing.
(d) The public hearing by a state government grantor other than the new text begin commissioner of
new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end must be held in St. Paul.
(e) If more than one nonstate grantor provides a business subsidy to the same recipient,
the nonstate grantors may designate one nonstate grantor to hold a single public hearing
regarding the business subsidies provided by all nonstate grantors. For the purposes of this
paragraph, "nonstate grantor" includes the new text begin commissioner of new text end Iron Range resources and
rehabilitation deleted text begin Boarddeleted text end .
(f) The public notice of any public meeting about a business subsidy agreement, including
those required by this subdivision and by subdivision 4, must include notice that a person
with residence in or the owner of taxable property in the granting jurisdiction may file a
written complaint with the grantor if the grantor fails to comply with sections 116J.993 to
116J.995, and that no action may be filed against the grantor for the failure to comply unless
a written complaint is filed.
Sec. 13.
Minnesota Statutes 2016, section 116J.994, subdivision 7, is amended to read:
Subd. 7.
Reports by recipients to grantors.
(a) A business subsidy grantor must monitor
the progress by the recipient in achieving agreement goals.
(b) A recipient must provide information regarding goals and results for two years after
the benefit date or until the goals are met, whichever is later. If the goals are not met, the
recipient must continue to provide information on the subsidy until the subsidy is repaid.
The information must be filed on forms developed by the commissioner in cooperation with
representatives of local government. Copies of the completed forms must be sent to the
local government agency that provided the subsidy or to the commissioner if the grantor is
a state agency. If the new text begin commissioner of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end is the
grantor, the copies must be sent to the deleted text begin boarddeleted text end new text begin commissioner of Iron Range resources and
rehabilitationnew text end . The report must include:
(1) the type, public purpose, and amount of subsidies and type of district, if the subsidy
is tax increment financing;
(2) the hourly wage of each job created with separate bands of wages;
(3) the sum of the hourly wages and cost of health insurance provided by the employer
with separate bands of wages;
(4) the date the job and wage goals will be reached;
(5) a statement of goals identified in the subsidy agreement and an update on achievement
of those goals;
(6) the location of the recipient prior to receiving the business subsidy;
(7) the number of employees who ceased to be employed by the recipient when the
recipient relocated to become eligible for the business subsidy;
(8) why the recipient did not complete the project outlined in the subsidy agreement at
their previous location, if the recipient was previously located at another site in Minnesota;
(9) the name and address of the parent corporation of the recipient, if any;
(10) a list of all financial assistance by all grantors for the project; and
(11) other information the commissioner may request.
A report must be filed no later than March 1 of each year for the previous year. The local
agency and the new text begin commissioner of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end must forward
copies of the reports received by recipients to the commissioner by April 1.
(c) Financial assistance that is excluded from the definition of "business subsidy" by
section 116J.993, subdivision 3, clauses (4), (5), (8), and (16), is subject to the reporting
requirements of this subdivision, except that the report of the recipient must include instead:
(1) the type, public purpose, and amount of the financial assistance, and type of district
if the assistance is tax increment financing;
(2) progress towards meeting goals stated in the assistance agreement and the public
purpose of the assistance;
(3) if the agreement includes job creation, the hourly wage of each job created with
separate bands of wages;
(4) if the agreement includes job creation, the sum of the hourly wages and cost of health
insurance provided by the employer with separate bands of wages;
(5) the location of the recipient prior to receiving the assistance; and
(6) other information the grantor requests.
(d) If the recipient does not submit its report, the local government agency must mail
the recipient a warning within one week of the required filing date. If, after 14 days of the
postmarked date of the warning, the recipient fails to provide a report, the recipient must
pay to the grantor a penalty of $100 for each subsequent day until the report is filed. The
maximum penalty shall not exceed $1,000.
Sec. 14.
Minnesota Statutes 2016, section 216B.161, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given them in this subdivision.
(b) "Area development rate" means a rate schedule established by a utility that provides
customers within an area development zone service under a base utility rate schedule, except
that charges may be reduced from the base rate as agreed upon by the utility and the customer
consistent with this section.
(c) "Area development zone" means a contiguous or noncontiguous area designated by
an authority or municipality for development or redevelopment and within which one of
the following conditions exists:
(1) obsolete buildings not suitable for improvement or conversion or other identified
hazards to the health, safety, and general well-being of the community;
(2) buildings in need of substantial rehabilitation or in substandard condition; or
(3) low values and damaged investments.
(d) "Authority" means a rural development financing authority established under sections
469.142 to 469.151; a housing and redevelopment authority established under sections
469.001 to 469.047; a port authority established under sections 469.048 to 469.068; an
economic development authority established under sections 469.090 to 469.108; a
redevelopment agency as defined in sections 469.152 to 469.165; thenew text begin commissioner ofnew text end Iron
Range resources and rehabilitation deleted text begin Boarddeleted text end established under section 298.22; a municipality
that is administering a development district created under sections 469.124 to 469.133 or
any special law; a municipality that undertakes a project under sections 469.152 to 469.165,
except a town located outside the metropolitan area as defined in section 473.121, subdivision
2, or with a population of 5,000 persons or less; or a municipality that exercises the powers
of a port authority under any general or special law.
(e) "Municipality" means a city, however organized, and, with respect to a project
undertaken under sections 469.152 to 469.165, "municipality" has the meaning given in
sections 469.152 to 469.165, and, with respect to a project undertaken under sections 469.142
to 469.151 or a county or multicounty project undertaken under sections 469.004 to 469.008,
also includes any county.
Sec. 15.
Minnesota Statutes 2016, section 216B.1694, subdivision 1, is amended to read:
Subdivision 1.
Definition.
For the purposes of this section, the term "innovative energy
project" means a proposed energy-generation facility or group of facilities which may be
located on up to three sites:
(1) that makes use of an innovative generation technology utilizing coal as a primary
fuel in a highly efficient combined-cycle configuration with significantly reduced sulfur
dioxide, nitrogen oxide, particulate, and mercury emissions from those of traditional
technologies;
(2) that the project developer or owner certifies is a project capable of offering a long-term
supply contract at a hedged, predictable cost; and
(3) that is designated by the commissioner of deleted text begin thedeleted text end Iron Range resources and rehabilitation
deleted text begin Boarddeleted text end as a project that is located in the taconite tax relief area on a site that has substantial
real property with adequate infrastructure to support new or expanded development and
that has received prior financial and other support from the board.
Sec. 16.
Minnesota Statutes 2016, section 276A.01, subdivision 8, is amended to read:
Subd. 8.
Municipality.
"Municipality" means a city, town, or township located in whole
or part within the area. If a municipality is located partly within and partly without the area,
the references in sections 276A.01 to 276A.09 to property or any portion thereof subject to
taxation or taxing jurisdiction within the municipality are to the property or portion thereof
that is located in that portion of the municipality within the area, except that the fiscal
capacity of the municipality must be computed upon the basis of the valuation and population
of the entire municipality. A municipality shall be excluded from the area if its municipal
comprehensive zoning and planning policies conscientiously exclude most
commercial-industrial development, for reasons other than preserving an agricultural use.
The new text begin commissioner of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end and the commissioner
of revenue shall jointly make this determination annually and shall notify those municipalities
that are ineligible to participate in the tax base sharing program provided in this chapter for
the following year.new text begin Before making the determination, the commissioner of Iron Range
resources and rehabilitation must consult the Iron Range Resources and Rehabilitation
Board.
new text end
Sec. 17.
Minnesota Statutes 2016, section 276A.01, subdivision 17, is amended to read:
Subd. 17.
School fund allocation.
(a) "School fund allocation" means an amount up to
25 percent of the areawide levy certified by the new text begin commissioner of new text end Iron Range resources and
rehabilitation deleted text begin Boarddeleted text end new text begin , after consultation with the Iron Range Resources and Rehabilitation
Board,new text end to be used for the purposes of the Iron Range school consolidation and cooperatively
operated school account under section 298.28, subdivision 7a.
(b) The allocation under paragraph (a) shall only be made after the new text begin commissioner of
new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end new text begin , after consultation with the Iron Range
Resources and Rehabilitation Board,new text end has certified by June 30 that the Iron Range school
consolidation and cooperatively operated account has insufficient funds to make payments
as authorized under section 298.28, subdivision 7a.
Sec. 18.
Minnesota Statutes 2016, section 276A.06, subdivision 8, is amended to read:
Subd. 8.
Certification of values; payment.
The administrative auditor shall determine
for each county the difference between the total levy on distribution value pursuant to
subdivision 3, clause (1), including the school fund allocation within the county and the
total tax on contribution value pursuant to subdivision 7, within the county. On or before
May 16 of each year, the administrative auditor shall certify the differences so determined
and the county's portion of the school fund allocation to each county auditor. In addition,
the administrative auditor shall certify to those county auditors for whose county the total
tax on contribution value exceeds the total levy on distribution value the settlement the
county is to make to the other counties of the excess of the total tax on contribution value
over the total levy on distribution value in the county. On or before June 15 and November
15 of each year, each county treasurer in a county having a total tax on contribution value
in excess of the total levy on distribution value shall pay one-half of the excess to the other
counties in accordance with the administrative auditor's certification. On or before June 15
and November 15 of each year, each county treasurer shall pay to the administrative auditor
that county's share of the school fund allocation. On or before December 1 of each year,
the administrative auditor shall pay the school fund allocation to the new text begin commissioner of new text end Iron
Range resources and rehabilitation deleted text begin Boarddeleted text end for deposit in the Iron Range school consolidation
and cooperatively operated account.
Sec. 19.
Minnesota Statutes 2016, section 282.38, subdivision 1, is amended to read:
Subdivision 1.
Development.
In any county where the county board by proper resolution
sets aside funds for forest development pursuant to section 282.08, clause (5), item (i), or
section 459.06, subdivision 2, the commissioner of Iron Range resources and rehabilitation
deleted text begin with the approval of the boarddeleted text end new text begin , after consultation with the Iron Range Resources and
Rehabilitation Board,new text end may upon request of the county board assist said county in carrying
out any project for the long range development of its forest resources through matching of
funds or otherwise.
Sec. 20.
Minnesota Statutes 2016, section 282.38, subdivision 3, is amended to read:
Subd. 3.
Not to affect commissioner of Iron Range resourcesnew text begin and rehabilitationnew text end .
Nothing herein shall be construed to limit or abrogate the authority of the commissioner of
Iron Range resourcesnew text begin and rehabilitationnew text end to give temporary assistance to any county in the
development of its land use program.
Sec. 21.
Minnesota Statutes 2016, section 298.001, subdivision 8, is amended to read:
Subd. 8.
Commissioner.
"Commissioner" means the commissioner of revenue of the
state of Minnesotanew text begin , except that when used in sections 298.22 to 298.227 and 298.291 to
298.297, "commissioner" means the commissioner of Iron Range resources and rehabilitationnew text end .
Sec. 22.
Minnesota Statutes 2016, section 298.001, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Advisory board. new text end
new text begin
"Advisory board" means the Iron Range Resources and
Rehabilitation Board, as established under section 298.22. The acronym "IRRRB" means
the advisory board.
new text end
Sec. 23.
Minnesota Statutes 2016, section 298.018, subdivision 1, is amended to read:
Subdivision 1.
Within taconite assistance area.
The proceeds of the tax paid under
sections 298.015 and 298.016 on ores, metals, or minerals mined or extracted within the
taconite assistance area defined in section 273.1341, shall be allocated as follows:
(1) five percent to the city or town within which the minerals or energy resources are
mined or extracted, or within which the concentrate was produced. If the mining and
concentration, or different steps in either process, are carried on in more than one taxing
district, the commissioner shall apportion equitably the proceeds among the cities and towns
by attributing 50 percent of the proceeds of the tax to the operation of mining or extraction,
and the remainder to the concentrating plant and to the processes of concentration, and with
respect to each thereof giving due consideration to the relative extent of the respective
operations performed in each taxing district;
(2) ten percent to the taconite municipal aid account to be distributed as provided in
section 298.282;
(3) ten percent to the school district within which the minerals or energy resources are
mined or extracted, or within which the concentrate was produced. If the mining and
concentration, or different steps in either process, are carried on in more than one school
district, distribution among the school districts must be based on the apportionment formula
prescribed in clause (1);
(4) 20 percent to a group of school districts comprised of those school districts wherein
the mineral or energy resource was mined or extracted or in which there is a qualifying
municipality as defined by section 273.134, paragraph (b), in direct proportion to school
district indexes as follows: for each school district, its pupil units determined under section
126C.05 for the prior school year shall be multiplied by the ratio of the average adjusted
net tax capacity per pupil unit for school districts receiving aid under this clause as calculated
pursuant to chapters 122A, 126C, and 127A for the school year ending prior to distribution
to the adjusted net tax capacity per pupil unit of the district. Each district shall receive that
portion of the distribution which its index bears to the sum of the indices for all school
districts that receive the distributions;
(5) 20 percent to the county within which the minerals or energy resources are mined
or extracted, or within which the concentrate was produced. If the mining and concentration,
or different steps in either process, are carried on in more than one county, distribution
among the counties must be based on the apportionment formula prescribed in clause (1),
provided that any county receiving distributions under this clause shall pay one percent of
its proceeds to the Range Association of Municipalities and Schools;
(6) 20 percent to St. Louis County acting as the counties' fiscal agent to be distributed
as provided in sections 273.134 to 273.136;
(7) five percent to the new text begin commissioner of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end
for the purposes of section 298.22;
(8) three percent to the Douglas J. Johnson economic protection trust fund; and
(9) seven percent to the taconite environmental protection fund.
The proceeds of the tax shall be distributed on July 15 each year.
Sec. 24.
Minnesota Statutes 2016, section 298.17, is amended to read:
298.17 OCCUPATION TAXES TO BE APPORTIONED.
(a) All occupation taxes paid by persons, copartnerships, companies, joint stock
companies, corporations, and associations, however or for whatever purpose organized,
engaged in the business of mining or producing iron ore or other ores, when collected shall
be apportioned and distributed in accordance with the Constitution of the state of Minnesota,
article X, section 3, in the manner following: 90 percent shall be deposited in the state
treasury and credited to the general fund of which four-ninths shall be used for the support
of elementary and secondary schools; and ten percent of the proceeds of the tax imposed
by this section shall be deposited in the state treasury and credited to the general fund for
the general support of the university.
(b) Of the money apportioned to the general fund by this section: (1) there is annually
appropriated and credited to the mining environmental and regulatory account in the special
revenue fund an amount equal to that which would have been generated by a 2-1/2 cent tax
imposed by section 298.24 on each taxable ton produced in the preceding calendar year.
Money in the mining environmental and regulatory account is appropriated annually to the
commissioner of natural resources to fund agency staff to work on environmental issues
and provide regulatory services for ferrous and nonferrous mining operations in this state.
Payment to the mining environmental and regulatory account shall be made by July 1
annually. The commissioner of natural resources shall execute an interagency agreement
with the Pollution Control Agency to assist with the provision of environmental regulatory
services such as monitoring and permitting required for ferrous and nonferrous mining
operations; (2) there is annually appropriated and credited to the Iron Range resources and
rehabilitation deleted text begin Boarddeleted text end account in the special revenue fund an amount equal to that which
would have been generated by a 1.5 cent tax imposed by section 298.24 on each taxable
ton produced in the preceding calendar year, to be expended for the purposes of section
298.22; and (3) there is annually appropriated and credited to the Iron Range resources and
rehabilitation deleted text begin Boarddeleted text end account in the special revenue fund for transfer to the Iron Range school
consolidation and cooperatively operated school account under section 298.28, subdivision
7a, an amount equal to that which would have been generated by a six cent tax imposed by
section 298.24 on each taxable ton produced in the preceding calendar year. Payment to the
Iron Range resources and rehabilitation deleted text begin Boarddeleted text end account shall be made by May 15 annually.
(c) The money appropriated pursuant to paragraph (b), clause (2), shall be used (i) to
provide environmental development grants to local governments located within any county
in region 3 as defined in governor's executive order number 60, issued on June 12, 1970,
which does not contain a municipality qualifying pursuant to section 273.134, paragraph
(b), or (ii) to provide economic development loans or grants to businesses located within
any such county, provided that the county board or an advisory group appointed by the
county board to provide recommendations on economic development shall make
recommendations to thenew text begin commissioner ofnew text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end
regarding the loans. Payment to the Iron Range resources and rehabilitation deleted text begin Boarddeleted text end account
shall be made by May 15 annually.
(d) Of the money allocated to Koochiching County, one-third must be paid to the
Koochiching County Economic Development Commission.
Sec. 25.
Minnesota Statutes 2016, section 298.22, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin The Office of Commissionerdeleted text end new text begin Departmentnew text end of Iron Range Resources
and Rehabilitation.
(a) The deleted text begin Office of the Commissionerdeleted text end new text begin Departmentnew text end of Iron Range
Resources and Rehabilitation is created as an agency in the executive branch of state
government. The governor shall appoint the commissioner of Iron Range resources and
rehabilitation under section 15.06.new text begin The commissioner may expend amounts appropriated
to the commissioner for projects after consultation with the advisory board created under
subdivision 1a.
new text end
(b) The commissioner may hold other positions or appointments that are not incompatible
with duties as commissioner of Iron Range resources and rehabilitation. The commissioner
may appoint a deputy commissioner. All expenses of the commissioner, including the
payment of staff and other assistance as may be necessary, must be paid out of the amounts
appropriated by section 298.28 or otherwise made available by law to the commissioner.
Notwithstanding chapters 16A, 16B, and 16C, the commissioner may utilize contracting
options available under section 471.345 when the commissioner determines it is in the best
interest of the agency. The agency is not subject to sections 16E.016 and 16C.05.new text begin The
commissioner has the authority to reimburse any nongovernmental manager operating
state-owned facilities within the Giants Ridge Recreation Area for purchasing materials,
supplies, equipment, or other items used in the operations at such facilities.
new text end
(c) When the commissioner determines that distress and unemployment exists or may
exist in the future in any county by reason of the removal of natural resources or a possibly
limited use of natural resources in the future and any resulting decrease in employment, the
commissioner may use whatever amounts of the appropriation made to the commissioner
of revenue in section 298.28 that are determined to be necessary and proper in the
development of the remaining resources of the county and in the vocational training and
rehabilitation of its residentsdeleted text begin , except that the amount needed to cover cost overruns awarded
to a contractor by an arbitrator in relation to a contract awarded by the commissioner or in
effect after July 1, 1985, is appropriated from the general funddeleted text end . For the purposes of this
section, "development of remaining resources" includes, but is not limited to, the promotion
of tourism.
Sec. 26.
Minnesota Statutes 2016, section 298.22, subdivision 1a, is amended to read:
Subd. 1a.
Iron Range Resources and Rehabilitation Board.
new text begin (a) new text end The Iron Range
Resources and Rehabilitation Board consists of the state senators and representatives elected
from state senatorial or legislative districts in which one-third or more of the residents reside
in a taconite assistance area as defined in section 273.1341. One additional state senator
shall also be appointed by the senate Subcommittee on Committees of the Committee on
Rules and Administration. All expenditures and projects made by the commissioner shall
first be submitted to the new text begin advisory new text end board deleted text begin for approvaldeleted text end . new text begin The advisory board shall recommend
approval or disapproval or modification of the expenditures and projects. new text end The expenses of
the new text begin advisory new text end board shall be paid by the state from the funds raised pursuant to this section.
Members of the new text begin advisory new text end board may be reimbursed for expenses in the manner provided in
sections 3.099, subdivision 1, and 3.101, and may receive per diem payments during the
interims between legislative sessions in the manner provided in section 3.099, subdivision
1.
The members shall be appointed in January of every odd-numbered year, and shall serve
until January of the next odd-numbered year. Vacancies on the board shall be filled in the
same manner as original members were chosen.
new text begin
(b) The advisory board must develop procedures to elect a chair who shall preside over
and convene meetings as often as necessary to conduct duties prescribed by this chapter.
The advisory board must meet at least two times per year to review the actions of the
commissioner.
new text end
Sec. 27.
Minnesota Statutes 2016, section 298.22, is amended by adding a subdivision to
read:
new text begin Subd. 1b. new text end
new text begin Evaluation of programs. new text end
new text begin
(a) In evaluating programs proposed by the
commissioner, the advisory board must consider factors, including but not limited to the
extent to which the program:
new text end
new text begin
(1) contributes to increasing the effectiveness of promoting or managing Iron Range
economic and workforce development, community development, minerals and natural
resources development, and any other issue as determined by the advisory board; and
new text end
new text begin
(2) advances the strategic plan adopted under subdivision 1c.
new text end
new text begin
(b) In evaluating programs proposed by the commissioner, the advisory board must
consider factors, including but not limited to:
new text end
new text begin
(1) job creation or retention goals for the program, including but not limited to wages
and benefits; whether the jobs created are full time, part time, temporary, or permanent; and
whether the stated job creation or retention goals in the program proposal can be adequately
measured using methods established by the commissioner;
new text end
new text begin
(2) how and to what extent the program is expected to impact the economic climate of
the Iron Range resources and rehabilitation services area;
new text end
new text begin
(3) how the program would meet match requirements, if any; and
new text end
new text begin
(4) whether the program meets the written objectives, priorities, and policies established
by the commissioner.
new text end
Sec. 28.
Minnesota Statutes 2016, section 298.22, is amended by adding a subdivision to
read:
new text begin Subd. 1c. new text end
new text begin Strategic plan required. new text end
new text begin
The commissioner, in consultation with the advisory
board, shall adopt a four-year strategic plan for making expenditures, including identifying
the priority areas for funding for the term of the commissioner's appointment. The strategic
plan must be reviewed annually. The strategic plan must have clearly stated short- and
long-term goals and strategies for expenditures, provide measurable outcomes for
expenditures, and determine areas of emphasis for funding.
new text end
Sec. 29.
Minnesota Statutes 2016, section 298.22, subdivision 5a, is amended to read:
Subd. 5a.
Forest trust.
The commissioner, deleted text begin upon approval by the boarddeleted text end new text begin after consultation
with the advisory boardnew text end , may purchase forest lands in the taconite assistance area defined
deleted text begin indeleted text end under section 273.1341 with funds specifically authorized for the purchase. The acquired
forest lands must be held in trust for the benefit of the citizens of the taconite assistance
area as the Iron Range Miners' Memorial Forest. The forest trust lands shall be managed
and developed for recreation and economic development purposes. The commissioner, deleted text begin upon
approval by thedeleted text end new text begin after consultation with the advisorynew text end board, may sell forest lands purchased
under this subdivision if the deleted text begin board findsdeleted text end new text begin commissioner determines new text end that the sale advances
the purposes of the trust. Proceeds derived from the management or sale of the lands and
from the sale of timber or removal of gravel or other minerals from these forest lands shall
be deposited into an Iron Range Miners' Memorial Forest account that is established within
the state financial accounts. Funds may be expended from the account deleted text begin upon approvaldeleted text end by
the new text begin commissioner, after consultation with the advisory new text end board, to purchase, manage,
administer, convey interests in, and improve the forest lands. deleted text begin With approval by the board,deleted text end new text begin
After consultation with the advisory board, the commissioner may transfernew text end money in the
Iron Range Miners' Memorial Forest account deleted text begin may be transferreddeleted text end into the corpus of the
Douglas J. Johnson economic protection trust fund established under sections 298.291 to
298.294. The property acquired under the authority granted by this subdivision and income
derived from the property or the operation or management of the property are exempt from
taxation by the state or its political subdivisions while held by the forest trust.
Sec. 30.
Minnesota Statutes 2016, section 298.22, subdivision 6, is amended to read:
Subd. 6.
Private entity participation.
The new text begin commissioner, after consultation with the
advisory new text end boardnew text begin ,new text end may acquire an equity interest in any project for which deleted text begin itdeleted text end new text begin the commissionernew text end
provides funding. The commissioner maynew text begin , after consultation with the advisory board,new text end
establish, participate in the management of, and dispose of the assets of charitable
foundations, nonprofit limited liability companies, and nonprofit corporations associated
with any project for which deleted text begin itdeleted text end new text begin the commissionernew text end provides funding, including specifically,
but without limitation, a corporation within the meaning of section 317A.011, subdivision
6.
Sec. 31.
Minnesota Statutes 2016, section 298.22, subdivision 10, is amended to read:
Subd. 10.
Sale or privatization of functions.
The commissioner of Iron Range resources
and rehabilitation may not sell or privatize the deleted text begin Ironworlddeleted text end new text begin Minnesotanew text end Discovery Center or
Giants Ridge Golf and Ski Resort without prior approval by the new text begin advisory new text end board.
Sec. 32.
Minnesota Statutes 2016, section 298.22, subdivision 11, is amended to read:
Subd. 11.
Budgeting.
The commissioner of Iron Range resources and rehabilitation
shall annually prepare a budget for operational expenditures, programs, and projects, and
submit it to the Iron Range Resources and Rehabilitation Board. After the budget is approved
by the new text begin advisory new text end board and the governor, the commissioner may spend money in accordance
with the approved budget.
Sec. 33.
Minnesota Statutes 2016, section 298.22, is amended by adding a subdivision to
read:
new text begin Subd. 13. new text end
new text begin Grants and loans for economic development projects; requirements. new text end
new text begin
(a)
Prior to awarding any grants or approving loans from any fund or account from which the
commissioner has the authority under law to expend money, the commissioner must evaluate
applications based on criteria including, but not limited to:
new text end
new text begin
(1) job creation or retention goals for the project, including but not limited to wages and
benefits, and whether the jobs created are full time, part time, temporary, or permanent;
new text end
new text begin
(2) whether the applicant's stated job creation or retention goals can be adequately
measured using methods established by the commissioner;
new text end
new text begin
(3) how and to what extent the project proposed by the applicant is expected to impact
the economic climate of the Iron Range resources and rehabilitation services area;
new text end
new text begin
(4) how the applicant would meet match requirements, if any; and
new text end
new text begin
(5) whether the project for which a grant or loan application has been submitted meets
the written objectives, priorities, and policies established by the commissioner.
new text end
new text begin
(b) The commissioner, if appropriate, may include incentives in loan and grant award
agreements to promote and assist grant recipients in achieving the stated job creation and
retention objectives established by the commissioner.
new text end
new text begin
(c) For all loans and grants awarded from funds under the commissioner's authority
pursuant to this chapter, the commissioner must:
new text end
new text begin
(1) maintain a database for tracking loan and grant awards;
new text end
new text begin
(2) maintain an objective mechanism for measuring job creation and retention;
new text end
new text begin
(3) verify achievement of job creation and retention goals by grant and loan recipients;
new text end
new text begin
(4) monitor grant and loan awards to ensure that projects comply with applicable Iron
Range resources and rehabilitation policies; and
new text end
new text begin
(5) verify that grant or loan recipients have met applicable matching fund requirements.
new text end
Sec. 34.
Minnesota Statutes 2016, section 298.221, is amended to read:
298.221 RECEIPTS FROM CONTRACTS; APPROPRIATION.
(a) Except as provided in paragraph (c), all money paid to the state of Minnesota pursuant
to the terms of any contract entered into by the state under authority of section 298.22 and
any fees which may, in the discretion of the commissioner of Iron Range resources and
rehabilitation, be charged in connection with any project pursuant to that section as amended,
shall be deposited in the state treasury to the credit of the Iron Range resources and
rehabilitation deleted text begin Boarddeleted text end account in the special revenue fund and are hereby appropriated for
the purposes of section 298.22.
(b) Notwithstanding section 16A.013, merchandise may be accepted by the commissioner
of the Iron Range resources and rehabilitation deleted text begin Boarddeleted text end for payment of advertising contracts
if the commissioner determines that the merchandise can be used for special event prizes
or mementos at facilities operated by the deleted text begin boarddeleted text end new text begin commissionernew text end . Nothing in this paragraph
authorizes the commissioner or a member of the new text begin advisory new text end board to receive merchandise for
personal use.
(c) All fees charged by the commissioner in connection with public use of the state-owned
ski and golf facilities at the Giants Ridge Recreation Area and all other revenues derived
by the commissioner from the operation or lease of those facilities and from the lease, sale,
or other disposition of undeveloped lands at the Giants Ridge Recreation Area must be
deposited into an Iron Range resources and rehabilitation deleted text begin Boarddeleted text end account that is created
within the state enterprise fund. All funds deposited in the enterprise fund account are
appropriated to the commissioner deleted text begin to be expended, subject to approval by the boarddeleted text end ,new text begin and
may only be used, after consultation with the advisory board,new text end as follows:
(1) to pay costs associated with the construction, equipping, operation, repair, or
improvement of the Giants Ridge Recreation Area facilities or lands;
(2) to pay principal, interest and associated bond issuance, reserve, and servicing costs
associated with the financing of the facilities; and
(3) to pay the costs of any other project authorized under section 298.22.
Sec. 35.
Minnesota Statutes 2016, section 298.2211, subdivision 3, is amended to read:
Subd. 3.
Project approval.
deleted text begin All projects authorized by this section shall be submitted
by the commissioner to the Iron Range Resources and Rehabilitation Board for approval
by the boarddeleted text end new text begin The commissioner may authorize a project under this section only after
consulting the advisory boardnew text end . Prior to the commencement of a project involving the exercise
by the commissioner of any authority of sections 469.174 to 469.179, the governing body
of each municipality in which any part of the project is located and the county board of any
county containing portions of the project not located in an incorporated area shall by majority
vote approve or disapprove the project. Any project approved by the deleted text begin boarddeleted text end new text begin commissionernew text end
and the applicable governing bodies, if any, together with detailed information concerning
the project, its costs, the sources of its funding, and the amount of any bonded indebtedness
to be incurred in connection with the project, shall be transmitted to the governor, who shall
approve, disapprove, or return the proposal for additional consideration within 30 days of
receipt. No project authorized under this section shall be undertaken, and no obligations
shall be issued and no tax increments shall be expended for a project authorized under this
section until the project has been approved by the governor.
Sec. 36.
Minnesota Statutes 2016, section 298.2211, subdivision 6, is amended to read:
Subd. 6.
Fee setting.
Fees for admission to or use of facilities operated by the
new text begin commissioner of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end that have been established
according to prevailing market conditions and to recover operating costs need not be set by
rule.
Sec. 37.
Minnesota Statutes 2016, section 298.2212, is amended to read:
298.2212 INVESTMENT OF FUNDS.
All funds credited to the Iron Range resources and rehabilitation deleted text begin Boarddeleted text end account in the
special revenue fund for the purposes of section 298.22 must be invested pursuant to law.
The net interest and dividends from the investments are included and become part of the
funds available for purposes of section 298.22.
Sec. 38.
Minnesota Statutes 2016, section 298.223, subdivision 1, is amended to read:
Subdivision 1.
Creation; purposes.
A fund called the taconite environmental protection
fund is created for the purpose of reclaiming, restoring and enhancing those areas of northeast
Minnesota located within the taconite assistance area defined in section 273.1341, that are
adversely affected by the environmentally damaging operations involved in mining taconite
and iron ore and producing iron ore concentrate and for the purpose of promoting the
economic development of northeast Minnesota. The taconite environmental protection fund
shall be used for the following purposes:
(1) to initiate investigations into matters the new text begin commissioner of new text end Iron Range resources and
rehabilitation deleted text begin Boarddeleted text end determines are in need of study and which will determine the
environmental problems requiring remedial action;
(2) reclamation, restoration, or reforestation of mine lands not otherwise provided for
by state law;
(3) local economic development projects deleted text begin but only if those projects are approved by the
board,deleted text end and public works, including construction of sewer and water systems located within
the taconite assistance area defined in section 273.1341;
(4) monitoring of mineral industry related health problems among mining employees;
and
(5) local public works projects under section 298.227, paragraph (c).
Sec. 39.
Minnesota Statutes 2016, section 298.223, subdivision 2, is amended to read:
Subd. 2.
Administration.
deleted text begin (a)deleted text end The taconite area environmental protection fund shall be
administered by the commissioner deleted text begin of the Iron Range Resources and Rehabilitation Boarddeleted text end new text begin ,
who must consult with the advisory board before expending any fundsnew text end . deleted text begin The commissioner
shall by September 1 of each year submit to the board a list of projects to be funded from
the taconite area environmental protection fund, with such supporting information including
description of the projects, plans, and cost estimates as may be necessary.
deleted text end
deleted text begin
(b) Each year no less than one-half of the amounts deposited into the taconite
environmental protection fund must be used for public works projects, including construction
of sewer and water systems, as specified under subdivision 1, clause (3). the Iron Range
Resources and Rehabilitation Board may waive the requirements of this paragraph.
deleted text end
deleted text begin
(c) Upon approval by the board, the list of projects approved under this subdivision shall
be submitted to the governor by November 1 of each year. By December 1 of each year,
the governor shall approve or disapprove, or return for further consideration, each project.
Funds for a project may be expended only upon approval of the project by the board and
the governor. The commissioner may submit supplemental projects to the board and governor
for approval at any time.
deleted text end
Sec. 40.
Minnesota Statutes 2016, section 298.227, is amended to read:
298.227 TACONITE ECONOMIC DEVELOPMENT FUND.
deleted text begin (a)deleted text end An amount equal to that distributed pursuant to each taconite producer's taxable
production and qualifying sales under section 298.28, subdivision 9a, shall be held by the
new text begin commissioner of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end in a separate taconite
economic development fund for each taconite and direct reduced ore producer. Money from
the fund for each producer shall be released by the commissioner after review by a joint
committee consisting of an equal number of representatives of the salaried employees and
the nonsalaried production and maintenance employees of that producer. The District 11
director of the United States Steelworkers of America, on advice of each local employee
president, shall select the employee members. In nonorganized operations, the employee
committee shall be elected by the nonsalaried production and maintenance employees. The
review must be completed no later than six months after the producer presents a proposal
for expenditure of the funds to the committee. The funds held pursuant to this section may
be released only for workforce development and associated public facility improvement,
or for acquisition of plant and stationary mining equipment and facilities for the producer
or for research and development in Minnesota on new mining, or taconite, iron, or steel
production technology, but only if the producer provides a matching expenditure equal to
the amount of the distribution to be used for the same purpose beginning with distributions
in 2014. Effective for proposals for expenditures of money from the fund beginning May
26, 2007, the commissioner may not release the funds before the next scheduled meeting
of the board. If a proposed expenditure is not approved by thenew text begin commissioner, after
consultation with the advisorynew text end board, the funds must be deposited in the Taconite
Environmental Protection Fund under sections 298.222 to 298.225. deleted text begin If a producer uses money
which has been released from the fund prior to May 26, 2007 to procure haulage trucks,
mobile equipment, or mining shovels, and the producer removes the piece of equipment
from the taconite tax relief area defined in section 273.134 within ten years from the date
of receipt of the money from the fund, a portion of the money granted from the fund must
be repaid to the taconite economic development fund. The portion of the money to be repaid
is 100 percent of the grant if the equipment is removed from the taconite tax relief area
within 12 months after receipt of the money from the fund, declining by ten percent for
each of the subsequent nine years during which the equipment remains within the taconite
tax relief area.deleted text end If a taconite production facility is sold after operations at the facility had
ceased, any money remaining in the fund for the former producer may be released to the
purchaser of the facility on the terms otherwise applicable to the former producer under this
section. If a producer fails to provide matching funds for a proposed expenditure within six
months after the commissioner approves release of the funds, the funds are available for
release to another producer in proportion to the distribution provided and under the conditions
of this section. Any portion of the fund which is not released by the commissioner within
one year of its deposit in the fund shall be divided between the taconite environmental
protection fund created in section 298.223 and the Douglas J. Johnson economic protection
trust fund created in section 298.292 for placement in their respective special accounts.
Two-thirds of the unreleased funds shall be distributed to the taconite environmental
protection fund and one-third to the Douglas J. Johnson economic protection trust fund.
deleted text begin
(b)(i) Notwithstanding the requirements of paragraph (a), setting the amount of
distributions and the review process, an amount equal to ten cents per taxable ton of
production in 2007, for distribution in 2008 only, that would otherwise be distributed under
paragraph (a), may be used for a loan or grant for the cost of providing for a value-added
wood product facility located in the taconite tax relief area and in a county that contains a
city of the first class. This amount must be deducted from the distribution under paragraph
(a) for which a matching expenditure by the producer is not required. The granting of the
loan or grant is subject to approval by the board. If the money is provided as a loan, interest
must be payable on the loan at the rate prescribed in section 298.2213, subdivision 3. (ii)
Repayments of the loan and interest, if any, must be deposited in the taconite environment
protection fund under sections 298.222 to 298.225. If a loan or grant is not made under this
paragraph by July 1, 2012, the amount that had been made available for the loan under this
paragraph must be transferred to the taconite environment protection fund under sections
298.222 to 298.225. (iii) Money distributed in 2008 to the fund established under this section
that exceeds ten cents per ton is available to qualifying producers under paragraph (a) on a
pro rata basis.
deleted text end
deleted text begin
(c) Repayment or transfer of money to the taconite environmental protection fund under
paragraph (b), item (ii), must be allocated by the Iron Range resources and rehabilitation
Board for public works projects in house legislative districts in the same proportion as
taxable tonnage of production in 2007 in each house legislative district, for distribution in
2008, bears to total taxable tonnage of production in 2007, for distribution in 2008.
Notwithstanding any other law to the contrary, expenditures under this paragraph do not
require approval by the governor. For purposes of this paragraph, "house legislative districts"
means the legislative districts in existence on May 15, 2009.
deleted text end
Sec. 41.
Minnesota Statutes 2016, section 298.27, is amended to read:
298.27 COLLECTION AND PAYMENT OF TAX.
The taxes provided by section 298.24 shall be paid directly to each eligible county and
the new text begin commissioner of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end . The commissioner of
revenue shall notify each producer of the amount to be paid each recipient prior to February
15. Every person subject to taxes imposed by section 298.24 shall file a correct report
covering the preceding year. The report must contain the information required by the
commissionernew text begin of revenuenew text end . The report shall be filed by each producer on or before February
1. A remittance equal to 50 percent of the total tax required to be paid hereunder shall be
paid on or before February 24. A remittance equal to the remaining total tax required to be
paid hereunder shall be paid on or before August 24. On or before February 25 and August
25, the county auditor shall make distribution of the payments previously received by the
county in the manner provided by section 298.28. Reports shall be made and hearings held
upon the determination of the tax in accordance with procedures established by the
commissioner of revenue. The commissioner of revenue shall have authority to make
reasonable rules as to the form and manner of filing reports necessary for the determination
of the tax hereunder, and by such rules may require the production of such information as
may be reasonably necessary or convenient for the determination and apportionment of the
tax. All the provisions of the occupation tax law with reference to the assessment and
determination of the occupation tax, including all provisions for appeals from or review of
the orders of the commissioner of revenue relative thereto, but not including provisions for
refunds, are applicable to the taxes imposed by section 298.24 except in so far as inconsistent
herewith. If any person subject to section 298.24 shall fail to make the report provided for
in this section at the time and in the manner herein provided, the commissioner of revenue
shall in such case, upon information possessed or obtained, ascertain the kind and amount
of ore mined or produced and thereon find and determine the amount of the tax due from
such person. There shall be added to the amount of tax due a penalty for failure to report
on or before February 1, which penalty shall equal ten percent of the tax imposed and be
treated as a part thereof.
If any person responsible for making a tax payment at the time and in the manner herein
provided fails to do so, there shall be imposed a penalty equal to ten percent of the amount
so due, which penalty shall be treated as part of the tax due.
In the case of any underpayment of the tax payment required herein, there may be added
and be treated as part of the tax due a penalty equal to ten percent of the amount so underpaid.
A person having a liability of $120,000 or more during a calendar year must remit all
liabilities by means of a funds transfer as defined in section 336.4A-104, paragraph (a). The
funds transfer payment date, as defined in section 336.4A-401, must be on or before the
date the tax is due. If the date the tax is due is not a funds transfer business day, as defined
in section 336.4A-105, paragraph (a), clause (4), the payment date must be on or before the
funds transfer business day next following the date the tax is due.
Sec. 42.
Minnesota Statutes 2016, section 298.28, subdivision 7, is amended to read:
Subd. 7.
Iron Range resources and rehabilitation deleted text begin Boarddeleted text end new text begin accountnew text end .
For the 1998
distribution, 6.5 cents per taxable ton shall be paid to the Iron Range resources and
rehabilitation deleted text begin Boarddeleted text end new text begin accountnew text end for the purposes of section 298.22. That amount shall be
increased for distribution years 1999 through 2014 and for distribution in 2018 and
subsequent years in the same proportion as the increase in the implicit price deflator as
provided in section 298.24, subdivision 1. The amount distributed pursuant to this subdivision
shall be expended within or for the benefit of the taconite assistance area defined in section
273.1341. deleted text begin No part of the fund provided in this subdivision may be used to provide loans
for the operation of private business unless the loan is approved by the governor.
deleted text end
Sec. 43.
Minnesota Statutes 2016, section 298.28, subdivision 7a, is amended to read:
Subd. 7a.
Iron Range school consolidation and cooperatively operated school account.
(a) The following amounts must be allocated to the new text begin commissioner of new text end Iron Range resources
and rehabilitation deleted text begin Boarddeleted text end to be deposited in the Iron Range school consolidation and
cooperatively operated school account that is hereby created:
(1)(i) for distributions in 2015 through 2023, ten cents per taxable ton of the tax imposed
under section 298.24; and
(ii) for distributions beginning in 2024, five cents per taxable ton of the tax imposed
under section 298.24;
(2) the amount as determined under section 298.17, paragraph (b), clause (3);
(3)(i) for distributions in 2015, an amount equal to two-thirds of the increased tax
proceeds attributable to the increase in the implicit price deflator as provided in section
298.24, subdivision 1, with the remaining one-third to be distributed to the Douglas J.
Johnson economic protection trust fund;
(ii) for distributions in 2016, an amount equal to two-thirds of the sum of the increased
tax proceeds attributable to the increase in the implicit price deflator as provided in section
298.24, subdivision 1, for distribution years 2015 and 2016, with the remaining one-third
to be distributed to the Douglas J. Johnson economic protection trust fund; and
(iii) for distributions in 2017, an amount equal to two-thirds of the sum of the increased
tax proceeds attributable to the increase in the implicit price deflator as provided in section
298.24, subdivision 1, for distribution years 2015, 2016, and 2017, with the remaining
one-third to be distributed to the Douglas J. Johnson economic protection trust fund; and
(4) any other amount as provided by law.
(b) Expenditures from this account new text begin may be approved as ongoing annual expenditures
and new text end shall be made only to provide disbursements to assist school districts with the payment
of bonds that were issued for qualified school projects, or for any other school disbursement
as approved by the new text begin commissioner of Iron Range resources and rehabilitation after consultation
with the new text end Iron Range Resources and Rehabilitation Board. For purposes of this section,
"qualified school projects" means school projects within the taconite assistance area as
defined in section 273.1341, that were (1) approved, by referendum, after April 3, 2006;
and (2) approved by the commissioner of education pursuant to section 123B.71.
(c) Beginning in fiscal year 2019, the disbursement to school districts for payments for
bonds issued under section 123A.482, subdivision 9, must be increased each year to offset
any reduction in debt service equalization aid that the school district qualifies for in that
year, under section 123B.53, subdivision 6, compared with the amount the school district
qualified for in fiscal year 2018.
(d) No expenditure under this section shall be made unless approved by deleted text begin seven members
ofdeleted text end new text begin the commissioner of Iron Range resources and rehabilitation after consultation withnew text end the
Iron Range Resources and Rehabilitation Board.
Sec. 44.
Minnesota Statutes 2016, section 298.28, subdivision 9c, is amended to read:
Subd. 9c.
Distribution; city of Eveleth.
0.20 cent per taxable ton must be paid to the
city of Eveleth for distribution in 2013 and thereafter, to be used for the support of the
Hockey Hall of Fame, provided that it continues to operate in that city, and provided that
the city of Eveleth certifies to the St. Louis County auditor that it has received donations
for the support of the Hockey Hall of Fame from other donors. If the Hockey Hall of Fame
ceases to operate in the city of Eveleth prior to receipt of the distribution in any year, and
the governing body of the city determines that it is unlikely to resume operation there within
a six-month period, the distribution under this subdivision shall be made to the new text begin commissioner
of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end .
Sec. 45.
Minnesota Statutes 2016, section 298.28, subdivision 9d, is amended to read:
Subd. 9d.
Iron Range higher education account.
Five cents per taxable ton must be
deleted text begin allocated to the Iron Range Resources and Rehabilitation Board to bedeleted text end deposited in an Iron
Range higher education account that is hereby created, to be used for higher education
programs conducted at educational institutions in the taconite assistance area defined in
section 273.1341. The Iron Range Higher Education committee under section 298.2214,
and the new text begin commissioner of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end new text begin , after consultation
with the advisory board,new text end must approve all expenditures from the account.
Sec. 46.
Minnesota Statutes 2016, section 298.28, subdivision 11, is amended to read:
Subd. 11.
Remainder.
(a) The proceeds of the tax imposed by section 298.24 which
remain after the distributions and payments in subdivisions 2 to 10a, as certified by the
commissioner of revenue, and paragraphs (b), (c), and (d) have been made, together with
interest earned on all money distributed under this section prior to distribution, shall be
divided between the taconite environmental protection fund created in section 298.223 and
the Douglas J. Johnson economic protection trust fund created in section 298.292 as follows:
Two-thirds to the taconite environmental protection fund and one-third to the Douglas J.
Johnson economic protection trust fund. The proceeds shall be placed in the respective
special accounts.
(b) There shall be distributed to each city, town, and county the amount that it received
under new text begin Minnesota Statutes 1978, new text end section 294.26new text begin ,new text end in calendar year 1977; provided, however,
that the amount distributed in 1981 to the unorganized territory number 2 of Lake County
and the town of Beaver Bay based on the between-terminal trackage of Erie Mining Company
will be distributed in 1982 and subsequent years to the unorganized territory number 2 of
Lake County and the towns of Beaver Bay and Stony River based on the miles of track of
Erie Mining Company in each taxing district.
(c) There shall be distributed to the Iron Range resources and rehabilitation deleted text begin Boarddeleted text end new text begin accountnew text end
the amounts it received in 1977 under new text begin Minnesota Statutes 1978, new text end section 298.22. The amount
distributed under this paragraph shall be expended within or for the benefit of the taconite
assistance area defined in section 273.1341.
(d) There shall be distributed to each school district 62 percent of the amount that it
received under new text begin Minnesota Statutes 1978, new text end section 294.26new text begin ,new text end in calendar year 1977.
Sec. 47.
Minnesota Statutes 2016, section 298.292, subdivision 2, is amended to read:
Subd. 2.
Use of money.
Money in the Douglas J. Johnson economic protection trust
fund may be used for the following purposes:
(1) to provide loans, loan guarantees, interest buy-downs and other forms of participation
with private sources of financing, but a loan to a private enterprise shall be for a principal
amount not to exceed one-half of the cost of the project for which financing is sought, and
the rate of interest on a loan to a private enterprise shall be no less than the lesser of eight
percent or an interest rate three percentage points less than a full faith and credit obligation
of the United States government of comparable maturity, at the time that the loan is approved;
(2) to fund reserve accounts established to secure the payment when due of the principal
of and interest on bonds issued pursuant to section 298.2211;
(3) to pay in periodic payments or in a lump-sum payment any or all of the interest on
bonds issued pursuant to chapter 474 for the purpose of constructing, converting, or
retrofitting heating facilities in connection with district heating systems or systems utilizing
alternative energy sources;
(4) to invest in a venture capital fund or enterprise that will provide capital to other
entities that are engaging in, or that will engage in, projects or programs that have the
purposes set forth in subdivision 1. No investments may be made in a venture capital fund
or enterprise unless at least two other unrelated investors make investments of at least
$500,000 in the venture capital fund or enterprise, and the investment by the Douglas J.
Johnson economic protection trust fund may not exceed the amount of the largest investment
by an unrelated investor in the venture capital fund or enterprise. For purposes of this
subdivision, an "unrelated investor" is a person or entity that is not related to the entity in
which the investment is made or to any individual who owns more than 40 percent of the
value of the entity, in any of the following relationships: spouse, parent, child, sibling,
employee, or owner of an interest in the entity that exceeds ten percent of the value of all
interests in it. For purposes of determining the limitations under this clause, the amount of
investments made by an investor other than the Douglas J. Johnson economic protection
trust fund is the sum of all investments made in the venture capital fund or enterprise during
the period beginning one year before the date of the investment by the Douglas J. Johnson
economic protection trust fund; and
(5) to purchase forest land in the taconite assistance area defined in section 273.1341 to
be held and managed as a public trust for the benefit of the area for the purposes authorized
in section 298.22, subdivision 5a. Property purchased under this section may be sold by the
commissioner deleted text begin upon approval by thedeleted text end new text begin , after consultation with the advisorynew text end board. The net
proceeds must be deposited in the trust fund for the purposes and uses of this section.
Money from the trust fund shall be expended only in or for the benefit of the taconite
assistance area defined in section 273.1341.
Sec. 48.
Minnesota Statutes 2016, section 298.296, is amended to read:
298.296 OPERATION OF FUND.
Subdivision 1.
Project approval.
deleted text begin The board and commissioner shall by August 1 of
each year prepare a list of projects to be funded from the Douglas J. Johnson economic
protection trust with necessary supporting information including description of the projects,
plans, and cost estimates. Thesedeleted text end Projects shall be consistent with the priorities established
in section 298.292 and shall not be approved by the deleted text begin board unless itdeleted text end new text begin commissioner unless
the commissioner, after consultation with the advisory board,new text end finds that:
(a) the project will materially assist, directly or indirectly, the creation of additional
long-term employment opportunities;
(b) the prospective benefits of the expenditure exceed the anticipated costs; and
(c) in the case of assistance to private enterprise, the project will serve a sound business
purpose.
deleted text begin
Each project must be approved by over one-half of all of the members of the board and
the commissioner of Iron Range resources and rehabilitation. The list of projects shall be
submitted to the governor, who shall, by November 15 of each year, approve or disapprove,
or return for further consideration, each project. The money for a project may be expended
only upon approval of the project by the governor. The board may submit supplemental
projects for approval at any time.
deleted text end
Subd. 2.
Expenditure of funds.
(a) Before January 1, 2028, funds may be expended on
projects and for administration of the trust fund only from the net interest, earnings, and
dividends arising from the investment of the trust at any time, including net interest, earnings,
and dividends that have arisen prior to July 13, 1982, plus $10,000,000 made available for
use in fiscal year 1983, except that any amount required to be paid out of the trust fund to
provide the property tax relief specified in Laws 1977, chapter 423, article X, section 4, and
to make school bond payments and payments to recipients of taconite production tax proceeds
pursuant to section 298.225, may be taken from the corpus of the trust.
deleted text begin
(b) Additionally, upon recommendation by the board, up to $13,000,000 from the corpus
of the trust may be made available for use as provided in subdivision 4, and up to $10,000,000
from the corpus of the trust may be made available for use as provided in section 298.2961.
deleted text end
deleted text begin (c)deleted text end new text begin (b) new text end Additionally, an amount equal to 20 percent of the value of the corpus of the trust
on May 18, 2002, deleted text begin not including the funds authorized in paragraph (b),deleted text end plus the amounts
made available under section 298.28, subdivision 4, and Laws 2002, chapter 377, article 8,
section 17, may be expended on projects. deleted text begin Fundsdeleted text end new text begin The commissionernew text end may deleted text begin be expendeddeleted text end new text begin expend
fundsnew text end for projects under this paragraph only if deleted text begin the projectdeleted text end :
(1) new text begin the project new text end is for the purposes established under section 298.292, subdivision 1,
clause (1) or (2); and
(2) deleted text begin is approved by two-thirds of all of the members of the boarddeleted text end new text begin the commissioner has
consulted with the advisory boardnew text end .
No money made available under this paragraph or paragraph deleted text begin (d)deleted text end new text begin (c)new text end can be used for
administrative or operating expenses of the new text begin Department of new text end Iron Range Resources and
Rehabilitation deleted text begin Boarddeleted text end or expenses relating to any facilities owned or operated by the deleted text begin boarddeleted text end new text begin
commissionernew text end on May 18, 2002.
deleted text begin (d) Upon recommendation by a unanimous vote of all members of the board,deleted text end new text begin (c) The
commissioner may spendnew text end amounts in addition to those authorized under paragraphs (a)deleted text begin ,deleted text end new text begin andnew text end
(b)deleted text begin , and (c) may be expendeddeleted text end on projects described in section 298.292, subdivision 1new text begin , only
after consultation with the advisory boardnew text end .
deleted text begin (e)deleted text end new text begin (d) new text end Annual administrative costs, not including detailed engineering expenses for the
projects, shall not exceed five percent of the net interest, dividends, and earnings arising
from the trust in the preceding fiscal year.
deleted text begin (f)deleted text end new text begin (e) new text end Principal and interest received in repayment of loans made pursuant to this section,
and earnings on other investments made under section 298.292, subdivision 2, clause (4),
shall be deposited in the state treasury and credited to the trust. These receipts are
appropriated to the board for the purposes of sections 298.291 to deleted text begin 298.298deleted text end new text begin 298.297new text end .
deleted text begin (g)deleted text end new text begin (f) new text end Additionally, notwithstanding section 298.293, deleted text begin upon the approval of the board,deleted text end new text begin
the commissioner, after consultation with the advisory board, may expendnew text end money from the
corpus of the trust deleted text begin may be expandeddeleted text end to purchase forest lands within the taconite assistance
area as provided in sections 298.22, subdivision 5a, and 298.292, subdivision 2, clause (5).
Subd. 3.
Administration.
The commissioner deleted text begin and staffdeleted text end of deleted text begin thedeleted text end Iron Range resources and
rehabilitation deleted text begin Boarddeleted text end shall administer the program under which funds are expended pursuant
to sections 298.292 to deleted text begin 298.298deleted text end new text begin 298.297new text end .
Subd. 4.
Temporary loan authority.
(a) deleted text begin The board may recommend thatdeleted text end new text begin After
consultation with the advisory board, the commissioner may use new text end up to $7,500,000 from the
corpus of the trust deleted text begin may be useddeleted text end for loans, loan guarantees, grants, or equity investments as
provided in this subdivision. The money would be available for loans for construction and
equipping of facilities constituting (1) a value added iron products plant, which may be
either a new plant or a facility incorporated into an existing plant that produces iron upgraded
to a minimum of 75 percent iron content or any iron alloy with a total minimum metallic
content of 90 percent; or (2) a new mine or minerals processing plant for any mineral subject
to the net proceeds tax imposed under section 298.015. A loan or loan guarantee under this
paragraph may not exceed $5,000,000 for any facility.
deleted text begin
(b) Additionally, the board must reserve the first $2,000,000 of the net interest, dividends,
and earnings arising from the investment of the trust after June 30, 1996, to be used for
grants, loans, loan guarantees, or equity investments for the purposes set forth in paragraph
(a). This amount must be reserved until it is used as described in this subdivision.
deleted text end
deleted text begin (c)deleted text end new text begin (b) new text end Additionally, deleted text begin the board may recommend thatdeleted text end new text begin the commissioner, after consultation
with the advisory board, may usenew text end up to $5,500,000 from the corpus of the trust deleted text begin may be useddeleted text end
for additional grants, loans, loan guarantees, or equity investments for the purposes set forth
in paragraph (a).
deleted text begin (d)deleted text end new text begin (c) new text end The deleted text begin boarddeleted text end new text begin commissioner, after consultation with the advisory board,new text end may require
that deleted text begin itdeleted text end new text begin the fundnew text end receive an equity percentage in any project to which it contributes under this
section.
Sec. 49.
Minnesota Statutes 2016, section 298.2961, is amended to read:
298.2961 PRODUCER GRANTS.
Subdivision 1.
Appropriation.
(a) $10,000,000 is appropriated from the Douglas J.
Johnson economic protection trust fund to a special account in the taconite area environmental
protection fund for grants to producers on a project-by-project basis as provided in this
section.
(b) The proceeds of the tax designated under section 298.28, subdivision 9b, are
appropriated for grants to producers on a project-by-project basis as provided in this section.
Subd. 2.
Projects; approval.
(a) Projects funded must be for:
(1) environmentally unique reclamation projects; or
(2) pit or plant repairs, expansions, or modernizations other than for a value added iron
products plant.
(b) deleted text begin To be proposed by the board, a project must be approved by the board. The money
for a project may be spent only upon approval of the project by the governor. The board
may submit supplemental projects for approval at any timedeleted text end new text begin The commissioner may approve
a project only after consultation with the advisory boardnew text end .
(c) The new text begin commissioner, after consultation with the advisory new text end boardnew text begin ,new text end may require that deleted text begin itdeleted text end new text begin
the fundnew text end receive an equity percentage in any project to which it contributes under this section.
Subd. 3.
Redistribution.
(a) If a taconite production facility is sold after operations at
the facility had ceased, any money remaining in the taconite environmental fund for the
former producer may be released to the purchaser of the facility on the terms otherwise
applicable to the former producer under this section.
(b) Any portion of the taconite environmental fund that is not released by the
commissioner within three years of its deposit in the taconite environmental fund shall be
divided between the taconite environmental protection fund created in section 298.223 and
the Douglas J. Johnson economic protection trust fund created in section 298.292 for
placement in their respective special accounts. Two-thirds of the unreleased funds must be
distributed to the taconite environmental protection fund and one-third to the Douglas J.
Johnson economic protection trust fund.
Subd. 4.
Grant and loan fund.
(a) A fund is established to receive distributions under
section 298.28, subdivision 9b, and to make grants or loans as provided in this subdivision.
Any grant or loan made under this subdivision must be approved by the new text begin commissioner, after
consultation with the advisory new text end board, established under section 298.22.
(b) All distributions received in 2009 and subsequent years are allocated for projects
under section 298.223, subdivision 1.
Sec. 50.
Minnesota Statutes 2016, section 298.297, is amended to read:
298.297 ADVISORY COMMITTEES.
Before submission of a project to the new text begin advisory new text end board, the commissioner of Iron Range
resources and rehabilitation shall appoint a technical advisory committee consisting of one
or more persons who are knowledgeable in areas related to the objectives of the proposal.
Members of the committees shall be compensated as provided in section 15.059, subdivision
3. The new text begin advisory new text end board shall not deleted text begin actdeleted text end new text begin make recommendationsnew text end on a proposal until it has received
the evaluation and recommendations of the technical advisory committee or until 15 days
have elapsed since the proposal was transmitted to the advisory committee, whichever
occurs first.
Sec. 51.
Minnesota Statutes 2016, section 298.46, subdivision 2, is amended to read:
Subd. 2.
Unmined iron ore; valuation petition.
When in the opinion of the duly
constituted authorities of a taxing district there are in existence reserves of unmined iron
ore located in such district, these authorities may petition the new text begin commissioner of new text end Iron Range
resources and rehabilitation deleted text begin Boarddeleted text end for authority to petition the county assessor to verify the
existence of such reserves and to ascertain the value thereof by drilling in a manner consistent
with established engineering and geological exploration methods, in order that such taxing
district may be able to forecast in a proper manner its future economic and fiscal potentials.new text begin
The commissioner of Iron Range resources and rehabilitation may grant the authority to
petition only after consultation with the advisory board.
new text end
Sec. 52.
Minnesota Statutes 2016, section 298.46, subdivision 5, is amended to read:
Subd. 5.
Payment of costs; reimbursement.
The cost of such exploration or drilling
plus any damages to the property which may be assessed by the district court shall be paid
by the new text begin commissioner of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end from amounts
appropriated to deleted text begin that boarddeleted text end new text begin the commissioner of Iron Range resources and rehabilitationnew text end
under section 298.22. The new text begin commissioner of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end
shall be reimbursed for one-half of the amounts thus expended. Such reimbursement shall
be made by the taxing districts in the proportion that each such taxing district's levy on the
property involved bears to the total levy on such property. Such reimbursement shall be
made to the new text begin commissioner of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end in the manner
provided by section 298.221.
Sec. 53.
Minnesota Statutes 2016, section 298.46, subdivision 6, is amended to read:
Subd. 6.
Refusal to reimburse; reduction of other payments.
If any taxing district
refuses to pay its share of the reimbursement as provided in subdivision 5, the county auditor
is hereby authorized to reduce payments required to be made by the county to such taxing
district under other provisions of law. Thereafter the auditor shall draw a warrant, which
shall be deposited with the state treasury in accordance with section 298.221, to the credit
of the new text begin commissioner of new text end Iron Range resources and rehabilitation deleted text begin Boarddeleted text end .
Sec. 54.
Minnesota Statutes 2016, section 466.03, subdivision 6c, is amended to read:
Subd. 6c.
Water access sites.
Any claim based upon the construction, operation, or
maintenance by a municipality of a water access site created by the new text begin commissioner of new text end Iron
Range resources and rehabilitation deleted text begin Boarddeleted text end . A water access site under this subdivision that
provides access to an idled, water filled mine pit also includes the entire water filled area
of the pit, and, further, claims related to a mine pit water access site under this subdivision
include those based upon the caving or slumping of mine pit walls.
Sec. 55.
Minnesota Statutes 2016, section 469.310, subdivision 9, is amended to read:
Subd. 9.
Local government unit.
"Local government unit" means a statutory or home
rule charter city, county, town, new text begin the Department of new text end Iron Range Resources and Rehabilitation
deleted text begin agencydeleted text end , regional development commission, or a federally designated economic development
district.
Sec. 56.
Minnesota Statutes 2016, section 474A.02, subdivision 21, is amended to read:
Subd. 21.
Preliminary resolution.
"Preliminary resolution" means a resolution adopted
by the governing body or board of the issuer, or deleted text begin in the case of thedeleted text end new text begin by the commissioner of
new text end Iron Range resources and rehabilitation deleted text begin Board by the commissionerdeleted text end . The resolution must
express a preliminary intention of the issuer to issue obligations for a specific project,
identify the proposed project, and disclose the proposed amount of qualified bonds to be
issued. Preliminary resolutions for mortgage bonds and student loan bonds need not identify
a specific project.
Sec. 57.
Laws 2010, chapter 389, article 5, section 7, is amended to read:
Sec. 7. GIANTS RIDGE RECREATION AREA TAXING AUTHORITY.
Subdivision 1.
Additional taxes authorized.
Notwithstanding Minnesota Statutes,
section 477A.016, or any other law, ordinance, or charter provision to the contrary, the city
of Biwabik, upon approval both by its governing body and by the vote of at least seven
members of the Iron Range Resources and Rehabilitation Board, may impose any or all of
the taxes described in this section.
Subd. 2.
Use of proceeds.
The proceeds of any taxes imposed under this section, less
refunds and costs of collection, must be deposited into the Iron Range Resources and
Rehabilitation deleted text begin Boarddeleted text end account enterprise fund created under the provisions of Minnesota
Statutes, section 298.221, paragraph (c), and must be dedicated and expended by the
commissioner of deleted text begin thedeleted text end Iron Range resources and rehabilitation deleted text begin Board, upon approval by the
vote of at least seven members ofdeleted text end new text begin after consultation withnew text end the Iron Range Resources and
Rehabilitation Board, to pay costs for the construction, renovation, improvement, expansion,
and maintenance of public recreational facilities located in those portions of the city within
the Giants Ridge Recreation Area as defined in Minnesota Statutes, section 298.22,
subdivision 7, or to pay any principal, interest, or premium on any bond issued to finance
the construction, renovation, improvement, or expansion of such public recreational facilities.
Subd. 3.
Lodging tax.
new text begin (a) new text end The city of Biwabik, upon approval both by its governing
body and by the vote of at least seven members of the Iron Range Resources and
Rehabilitation Board, may impose, by ordinance, a tax of not more than five percent on the
gross receipts subject to the lodging tax under Minnesota Statutes, section 469.190. This
tax is in addition to any tax imposed under Minnesota Statutes, section 469.190, and may
be imposed only on gross lodging receipts generated within the Giants Ridge Recreation
Area as defined in Minnesota Statutes, section 298.22, subdivision 7.
new text begin
(b) If, after July 31, 2017, the city of Biwabik changes by ordinance the rate of the tax
imposed under paragraph (a), the change must be approved by both the governing body of
the city of Biwabik and the commissioner of Iron Range resources and rehabilitation, after
the commissioner of Iron Range resources and rehabilitation consults with the Iron Range
Resources and Rehabilitation Board.
new text end
Subd. 4.
Admissions and recreation tax.
(a) The city of Biwabik, upon approval both
by its governing body and by the vote of at least seven members of the Iron Range Resources
and Rehabilitation Board, may impose, by ordinance, a tax of not more than five percent
on admission receipts to entertainment and recreational facilities and on receipts from the
rental of recreation equipment, at sites within the Giants Ridge Recreation Area as defined
in Minnesota Statutes, section 298.22, subdivision 7. The provisions of Minnesota Statutes,
section 297A.99, except for subdivisions 2 and 3, govern the imposition, administration,
collection, and enforcement of the tax authorized in this subdivision.
(b) If the city imposes the tax under paragraph (a), it must include in the ordinance an
exemption for purchases of season tickets or passes.
new text begin
(c) If, after July 31, 2017, the city of Biwabik changes by ordinance the rate of the tax
imposed under paragraph (a), the change must be approved by both the governing body of
the city of Biwabik and the commissioner of Iron Range resources and rehabilitation, after
the commissioner of Iron Range resources and rehabilitation consults with the Iron Range
Resources and Rehabilitation Board.
new text end
Subd. 5.
Food and beverage tax.
new text begin (a) new text end The city of Biwabik, upon approval both by its
governing body and by the vote of at least seven members of the Iron Range Resources and
Rehabilitation Board, may impose, by ordinance, an additional sales tax of not more than
one percent on gross receipts of food and beverages sold whether it is consumed on or off
the premises by restaurants and places of refreshment as defined by resolution of the city
within the Giants Ridge Recreation Area as defined in Minnesota Statutes, section 298.22,
subdivision 7. The provisions of Minnesota Statutes, section 297A.99, except for subdivisions
2 and 3, govern the imposition, administration, collection, and enforcement of the tax
authorized in this subdivision.
new text begin
(b) If, after July 31, 2017, the city of Biwabik changes by ordinance the rate of the tax
imposed under paragraph (a), the change must be approved by both the governing body of
the city of Biwabik and the commissioner of Iron Range resources and rehabilitation, after
the commissioner of Iron Range resources and rehabilitation consults with the Iron Range
Resources and Rehabilitation Board.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2017, without local approval
pursuant to Minnesota Statutes, section 645.023, subdivision 1, paragraph (a).
new text end
Sec. 58. new text begin DEPARTMENT OF IRON RANGE RESOURCES AND
REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM
AUTHORIZATION.
new text end
new text begin
(a) "Commissioner" as used in this section means the commissioner of Iron Range
resources and rehabilitation unless otherwise specified.
new text end
new text begin
(b) Notwithstanding any law to the contrary, the commissioner, in consultation with the
commissioner of management and budget, shall offer a targeted early separation incentive
program for employees of the commissioner who have attained the age of 60 years or who
have received credit for at least 30 years of allowable service under the provisions of
Minnesota Statutes, chapter 352. The commissioner shall also offer a targeted separation
incentive program for employees of the commissioner whose positions are in support of
operations at Giants Ridge and will be eliminated if the department no longer directly
manages Giants Ridge operations.
new text end
new text begin
(c) The early separation incentive program may include one or more of the following:
new text end
new text begin
(1) employer-paid postseparation health, medical, and dental insurance until age 65; and
new text end
new text begin
(2) cash incentives that may, but are not required to be, used to purchase additional years
of service credit through the Minnesota State Retirement System, to the extent that the
purchases are otherwise authorized by law.
new text end
new text begin
(d) The commissioner shall establish eligibility requirements for employees to receive
an incentive. The commissioner must exclude from eligibility for the incentive program
employees having less than 20 years of allowable service who would otherwise qualify for
the incentive program.
new text end
new text begin
(e) The commissioner, consistent with the established program provisions under paragraph
(b), and with the eligibility requirements under paragraph (f), may designate specific
programs or employees as eligible to be offered the incentive program.
new text end
new text begin
(f) Acceptance of the offered incentive must be voluntary on the part of the employee
and must be in writing. The incentive may only be offered at the sole discretion of the
commissioner.
new text end
new text begin
(g) The cost of the incentive is payable solely by funds made available to the
commissioner by law, but only on prior approval of the expenditures by the commissioner,
after consultation with the Iron Range Resources and Rehabilitation Board.
new text end
new text begin
(h) Unilateral implementation of this section by the commissioner is not an unfair labor
practice under Minnesota Statutes, chapter 179A.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment. This
section expires July 30, 2018.
new text end
Sec. 59. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes, with cooperation from the House Research Department and the
Senate Counsel, Research and Fiscal Analysis Office, shall prepare legislation that makes
conforming changes in accordance with the provisions of this article. The revisor shall
submit the proposal, in a form ready for introduction, during the 2018 regular legislative
session to the chairs and ranking minority members of the senate and house of representatives
committees with jurisdiction over jobs and economic development.
new text end
Sec. 60. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2016, sections 298.22, subdivision 8; 298.2213; and 298.298,
new text end
new text begin
are
repealed.
new text end
ARTICLE 8
COMMERCE POLICY
Section 1.
Minnesota Statutes 2016, section 45.0135, subdivision 6, is amended to read:
Subd. 6.
Insurance fraud prevention account.
The insurance fraud prevention account
is created in the state treasury. Money received from assessments under subdivision 7 and
transferred from the automobile theft prevention account in deleted text begin sectiondeleted text end new text begin sectionsnew text end 65B.84,
subdivision 1new text begin , and 297I.11, subdivision 2new text end , is deposited in the account. Money in this fund
is appropriated to the commissioner of commerce for the purposes specified in this section
and sections 60A.951 to 60A.956.
Sec. 2.
Minnesota Statutes 2016, section 46.131, subdivision 7, is amended to read:
Subd. 7.
Fiscal year assessments.
Such assessments shall be levied on July 1, 1965,
and deleted text begin atdeleted text end new text begin prior tonew text end the beginning of each fiscal period beginning July 1 and ending June 30
thereafter, and shall be based on the total estimated expense as herein referred to during
such periodnew text begin . Assessment revenue will be remitted to the commissioner for deposit in the
financial institutions account on or before July 1 of each yearnew text end .
Sec. 3.
Minnesota Statutes 2016, section 46.131, is amended by adding a subdivision to
read:
new text begin Subd. 11. new text end
new text begin Financial institutions account; appropriation. new text end
new text begin
(a) The financial institutions
account is created as a separate account in the special revenue fund. The account consists
of funds received from assessments under subdivision 7 and examination fees under
subdivision 8. Earnings, including interest, dividends, and any other earnings arising from
account assets, must be credited to the account.
new text end
new text begin
(b) Funds in the account are annually appropriated to the commissioner of commerce
for activities under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2017.
new text end
Sec. 4.
Minnesota Statutes 2016, section 65B.84, subdivision 1, is amended to read:
Subdivision 1.
Program described; commissioner's duties; appropriation.
(a) The
commissioner of commerce shall:
(1) develop and sponsor the implementation of statewide plans, programs, and strategies
to combat automobile theft, improve the administration of the automobile theft laws, and
provide a forum for identification of critical problems for those persons dealing with
automobile theft;
(2) coordinate the development, adoption, and implementation of plans, programs, and
strategies relating to interagency and intergovernmental cooperation with respect to
automobile theft enforcement;
(3) annually audit the plans and programs that have been funded in whole or in part to
evaluate the effectiveness of the plans and programs and withdraw funding should the
commissioner determine that a plan or program is ineffective or is no longer in need of
further financial support from the fund;
(4) develop a plan of operation including:
(i) an assessment of the scope of the problem of automobile theft, including areas of the
state where the problem is greatest;
(ii) an analysis of various methods of combating the problem of automobile theft;
(iii) a plan for providing financial support to combat automobile theft;
(iv) a plan for eliminating car hijacking; and
(v) an estimate of the funds required to implement the plan; and
(5) distribute money, in consultation with the commissioner of public safety, pursuant
to subdivision 3 from the automobile theft prevention special revenue account for automobile
theft prevention activities, including:
(i) paying the administrative costs of the program;
(ii) providing financial support to the State Patrol and local law enforcement agencies
for automobile theft enforcement teams;
(iii) providing financial support to state or local law enforcement agencies for programs
designed to reduce the incidence of automobile theft and for improved equipment and
techniques for responding to automobile thefts;
(iv) providing financial support to local prosecutors for programs designed to reduce
the incidence of automobile theft;
(v) providing financial support to judicial agencies for programs designed to reduce the
incidence of automobile theft;
(vi) providing financial support for neighborhood or community organizations or business
organizations for programs designed to reduce the incidence of automobile theft and to
educate people about the common methods of automobile theft, the models of automobiles
most likely to be stolen, and the times and places automobile theft is most likely to occur;
and
(vii) providing financial support for automobile theft educational and training programs
for state and local law enforcement officials, driver and vehicle services exam and inspections
staff, and members of the judiciary.
(b) The commissioner may not spend in any fiscal year more than ten percent of the
money in the fund for the program's administrative and operating costs. The commissioner
is annually appropriated and must distribute the amount of the proceeds credited to the
automobile theft prevention special revenue account each year, less the transfer of $1,300,000
each year to the deleted text begin general funddeleted text end new text begin insurance fraud prevention accountnew text end described in section 297I.11,
subdivision 2.
(c) At the end of each fiscal year, the commissioner may transfer any unobligated balances
in the auto theft prevention account to the insurance fraud prevention account under section
45.0135, subdivision 6.
Sec. 5.
new text begin
[72A.328] AFFINITY GROUP.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section the following terms have
the meanings given.
new text end
new text begin
(b) "Affinity program" means a group of individuals who are members of an entity that
offers individuals benefits based on their membership in that entity. Affinity program does
not include an entity that obtains group insurance, as defined in section 60A.02, subdivision
28, or risk retention groups as defined in section 60E.02, subdivision 12.
new text end
new text begin
(c) "Policy" means an individually underwritten policy of private passenger vehicle
insurance, as defined in section 65B.001, subdivision 2, or an individually underwritten
policy of homeowner's insurance, as defined in section 65A.27, subdivision 4.
new text end
new text begin Subd. 2. new text end
new text begin Discount. new text end
new text begin
An insurance company may offer an individual a discount or other
benefit relating to a policy based on the individual's membership in an affinity program if:
new text end
new text begin
(1) the benefit or discount is based on an actuarial justification; and
new text end
new text begin
(2) the insurance company offers the benefit or discount to all members of the affinity
program eligible for the discount or benefit.
new text end
Sec. 6.
Minnesota Statutes 2016, section 80A.61, is amended to read:
80A.61 SECTION 406; REGISTRATION BY BROKER-DEALER, AGENT,
FUNDING PORTAL, INVESTMENT ADVISER, AND INVESTMENT ADVISER
REPRESENTATIVE.
(a) Application for initial registration by broker-dealer, agent, deleted text begin ordeleted text end investment advisernew text begin ,
or investment adviser representativenew text end . A person shall register as a broker-dealer, agent,
deleted text begin ordeleted text end investment advisernew text begin , or investment adviser representativenew text end by filing an application and a
consent to service of process complying with section 80A.88, and paying the fee specified
in section 80A.65 and any reasonable fees charged by the designee of the administrator for
processing the filing. The application must contain:
(1) the information or record required for the filing of a uniform application; and
(2) upon request by the administrator, any other financial or other information or record
that the administrator determines is appropriate.
(b) Amendment. If the information or record contained in an application filed under
subsection (a) is or becomes inaccurate or incomplete in a material respect, the registrant
shall promptly file a correcting amendment.
(c) Effectiveness of registration. If an order is not in effect and a proceeding is not
pending under section 80A.67, registration becomes effective at noon on the 45th day after
a completed application is filed, unless the registration is denied. A rule adopted or order
issued under this chapter may set an earlier effective date or may defer the effective date
until noon on the 45th day after the filing of any amendment completing the application.
(d) Registration renewal. A registration is effective until midnight on December 31 of
the year for which the application for registration is filed. Unless an order is in effect under
section 80A.67, a registration may be automatically renewed each year by filing such records
as are required by rule adopted or order issued under this chapter, by paying the fee specified
in section 80A.65, and by paying costs charged by the designee of the administrator for
processing the filings.
(e) Additional conditions or waivers. A rule adopted or order issued under this chapter
may impose such other conditions, not inconsistent with the National Securities Markets
Improvement Act of 1996. An order issued under this chapter may waive, in whole or in
part, specific requirements in connection with registration as are in the public interest and
for the protection of investors.
(f) Funding portal registration. A funding portal that has its principal place of business
in the state of Minnesota shall register with the state of Minnesota by filing with the
administrator a copy of the information or record required for the filing of an application
for registration as a funding portal in the manner established by the Securities and Exchange
Commission and/or the Financial Institutions Regulatory Authority (FINRA), along with
any rule adopted or order issued, and any amendments thereto.
(g) Application for investment adviser representative registration.
(1) The application for initial registration as an investment adviser representative pursuant
to section 80A.58 is made by completing Form U-4 (Uniform Application for Securities
Industry Registration or Transfer) in accordance with the form instructions and by filing
the form U-4 with the IARD. The application for initial registration must also include the
following:
(i) proof of compliance by the investment adviser representative with the examination
requirements of:
(A) the Uniform Investment Adviser Law Examination (Series 65); or
(B) the General Securities Representative Examination (Series 7) and the Uniform
Combined State Law Examination (Series 66);
(ii) any other information the administrator may reasonably require.
(2) The application for the annual renewal registration as an investment adviser
representative shall be filed with the IARD.
(3)(i) The investment adviser representative is under a continuing obligation to update
information required by Form U-4 as changes occur;
(ii) An investment adviser representative and the investment adviser must file promptly
with the IARD any amendments to the representative's Form U-4; and
(iii) An amendment will be considered to be filed promptly if the amendment is filed
within 30 days of the event that requires the filing of the amendment.
(4) An application for initial or renewal of registration is not considered filed for purposes
of section 80A.58 until the required fee and all required submissions have been received
by the administrator.
(5) The application for withdrawal of registration as an investment adviser representative
pursuant to section 80A.58 shall be completed by following the instructions on Form U-5
(Uniform Termination Notice for Securities Industry Registration) and filed upon Form U-5
with the IARD.
Sec. 7.
Minnesota Statutes 2016, section 80A.65, subdivision 2, is amended to read:
Subd. 2.
Registration application and renewal filing fee.
Every applicant for an initial
or renewal registration shall pay a filing fee of $200 in the case of a broker-dealer, deleted text begin $50deleted text end new text begin $65new text end
in the case of an agent, deleted text begin anddeleted text end $100 in the case of an investment advisernew text begin , and $50 in the case
of an investment adviser representativenew text end . When an application is denied or withdrawn, the
filing fee shall be retained. A registered agent who has terminated employment with one
broker-dealer shall, before beginning employment with another broker-dealer, pay a transfer
fee of $25.
Sec. 8.
Minnesota Statutes 2016, section 216B.62, subdivision 3b, is amended to read:
Subd. 3b.
Assessment for department regional and national duties.
In addition to
other assessments in subdivision 3, the department may assess up to deleted text begin $1,000,000deleted text end new text begin $500,000new text end
per fiscal year for performing its duties under section 216A.07, subdivision 3a. The amount
in this subdivision shall be assessed to energy utilities in proportion to their respective gross
operating revenues from retail sales of gas or electric service within the state during the last
calendar year and shall be deposited into an account in the special revenue fund and is
appropriated to the commissioner of commerce for the purposes of section 216A.07,
subdivision 3a. An assessment made under this subdivision is not subject to the cap on
assessments provided in subdivision 3 or any other law. For the purpose of this subdivision,
an "energy utility" means public utilities, generation and transmission cooperative electric
associations, and municipal power agencies providing natural gas or electric service in the
state. This subdivision expires June 30, deleted text begin 2017deleted text end new text begin 2018new text end .
Sec. 9.
new text begin
[239.7511] GAS TAX SIGN ON PETROLEUM DISPENSER.
new text end
new text begin
(a) The director must ensure that signs having 12-point font or greater are affixed on
retail petroleum dispensers as follows:
new text end
new text begin
(1) for regular or premium gasoline, a sign that reads: "The price for each gallon of
gasoline includes the current state gasoline tax of 28.5 cents per gallon and federal gasoline
tax of 18.4 cents per gallon. Revenue from the state fuel tax may be used only for roads and
bridges, according to the Minnesota Constitution."; and
new text end
new text begin
(2) for diesel fuel, a sign that reads: "The price for each gallon of diesel fuel includes
the current state gasoline tax of 28.5 cents per gallon and federal gasoline tax of 24.4 cents
per gallon. Revenue from the state fuel tax may be used only for roads and bridges, according
to the Minnesota Constitution."
new text end
new text begin
(b) The director must distribute the signs under this section to the owner or operator of
retail petroleum dispensers. To the extent possible, the director must coordinate the
distribution of signs with other duties the director may have involving retail petroleum
dispensers.
new text end
new text begin
(c) If the amount of the gasoline tax described in paragraph (a), clauses (1) and (2),
changes, the director must distribute revised signs to reflect the updated gasoline tax amounts
within 12 calendar months of the change.
new text end
new text begin
(d) The director is prohibited from assessing any penalty, fine, or fee on the owner or
operator of a retail petroleum dispenser that has a missing, destroyed, defaced, or otherwise
damaged gas tax sign.
new text end
Sec. 10.
Minnesota Statutes 2016, section 297I.11, subdivision 2, is amended to read:
Subd. 2.
Automobile theft prevention account.
A special revenue account in the state
treasury shall be credited with the proceeds of the surcharge imposed under subdivision 1.
Of the revenue in the account, $1,300,000 each year must be transferred to the deleted text begin general funddeleted text end new text begin
insurance fraud prevention account under section 45.0135, subdivision 6new text end . Revenues in excess
of $1,300,000 each year may be used only for the automobile theft prevention program
described in section 65B.84.
Sec. 11.
Minnesota Statutes 2016, section 325J.06, is amended to read:
325J.06 EFFECT OF NONREDEMPTION.
(a) A pledgor shall have no obligation to redeem pledged goods or make any payment
on a pawn transaction. Pledged goods not redeemed within at least 60 days of the date of
the pawn transactiondeleted text begin , renewal, or extensiondeleted text end shall automatically be forfeited to the
pawnbroker, and qualified right, title, and interest in and to the goods shall automatically
vest in the pawnbroker.
(b) The pawnbroker's right, title, and interest in the pledged goods under paragraph (a)
is qualified only by the pledgor's right, while the pledged goods remain in possession of the
pawnbroker and not sold to a third party, to redeem the goods by paying the loan plus fees
and/or interest accrued up to the date of redemption.
(c) A pawn transaction that involves holding only the title to property is subject to chapter
168A or 336.
Sec. 12.
Minnesota Statutes 2016, section 345.42, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Required lists. new text end
new text begin
(a) Beginning January 1, 2018, and annually thereafter, and
provided that a member has requested it, the commissioner shall provide to each member
of the legislature a list in electronic form of all persons appearing to be owners of abandoned
property whose last known address is located in the legislator's respective legislative district.
new text end
new text begin
(b) Beginning July 1, 2017, and every six months thereafter, and provided that a county
has requested it, the commissioner shall provide to the county a list in electronic form of
all persons appearing to be owners of abandoned property whose last known address is
located in the county. A request under this paragraph must be made in writing by a person
authorized by the county to make the request and is good until canceled.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2018.
new text end
Sec. 13.
Minnesota Statutes 2016, section 345.49, is amended to read:
345.49 CLAIM FOR ABANDONED PROPERTY PAID OR DELIVERED.
Subdivision 1.
Filing.
new text begin (a) new text end Any person claiming an interest in any property delivered to
the state under sections 345.31 to 345.60 may file a claim thereto or to the proceeds from
the sale thereof on the form prescribed by the commissioner.
new text begin
(b) Any person claiming an interest in property evidenced by a will or trust document,
or court order, may submit to the commissioner only such portions of the document or order
necessary to establish a claim.
new text end
Subd. 2.
Appropriation.
There is hereby appropriated to the persons entitled to a refund,
from the fund in the state treasury to which the money was credited, an amount sufficient
to make the refund and payment.
new text begin Subd. 3. new text end
new text begin Data. new text end
new text begin
Government data received by the commissioner pursuant to this section
is nonpublic data or private data on individuals, as defined in section 13.02, subdivisions 9
and 12.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14.
new text begin
[471.9998] MERCHANT BAGS.
new text end
new text begin Subdivision 1. new text end
new text begin Merchant option. new text end
new text begin
All merchants, itinerant vendors, and peddlers doing
business in this state shall have the option to provide customers a paper, plastic, or reusable
bag for the packaging of any item or good purchased, provided such purchase is of a size
and manner commensurate with the use of paper, plastic, or reusable bags.
new text end
new text begin Subd. 2. new text end
new text begin Prohibition; bag ban. new text end
new text begin
Notwithstanding any other provision of law, no political
subdivision shall impose any ban upon the use of paper, plastic, or reusable bags for
packaging of any item or good purchased from a merchant, itinerant vendor, or peddler.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective May 31, 2017. Ordinances existing on
the effective date of this section that would be prohibited under this section are invalid as
of the effective date of this section.
new text end
Sec. 15. new text begin REPORT ON UNCLAIMED PROPERTY DIVISION.
new text end
new text begin
The commissioner shall report by February 15, 2018, to the chairs and ranking minority
members of the standing committees of the house of representatives and senate having
jurisdiction over commerce regarding the process owners of abandoned property must
comply with in order to file an allowed claim under Minnesota Statutes, chapter 345. The
report shall include information regarding the documentation and identification necessary
for owners of each type of abandoned property under Minnesota Statutes, chapter 345, to
file an allowed claim.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2016, section 46.131, subdivision 5,
new text end
new text begin
is repealed.
new text end
ARTICLE 9
TELECOMMUNICATIONS
Section 1.
Minnesota Statutes 2016, section 237.162, subdivision 2, is amended to read:
Subd. 2.
Local government unit.
"Local government unit" means a county, home rule
charter or statutory city, deleted text begin ordeleted text end townnew text begin , or the Metropolitan Councilnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2016, section 237.162, subdivision 4, is amended to read:
Subd. 4.
Telecommunications right-of-way user.
new text begin (a) new text end "Telecommunications right-of-way
user" means a person owning or controlling a facility in the public right-of-way, or seeking
to own or control a facility in the public right-of-way, that is used or is intended to be used
for new text begin providing wireless service, or new text end transporting telecommunications or other voice or data
information.
new text begin (b)new text end A cable communication system defined and regulated under chapter 238, and
telecommunications activities related to providing natural gas or electric energy services
deleted text begin whether provided bydeleted text end new text begin ,new text end a public utility as defined in section 216B.02, a municipality, a
municipal gas or power agency organized under chapter 453 or 453A, or a cooperative
electric association organized under chapter 308A, are not telecommunications right-of-way
users for the purposes of this section and section 237.163new text begin , except to the extent these entities
are offering wireless servicesnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2016, section 237.162, subdivision 9, is amended to read:
Subd. 9.
Management costs or rights-of-way management costs.
new text begin (a) new text end "Management
costs" or "rights-of-way management costs" means the actual costs a local government unit
incurs in managing its public rights-of-way, and includes such costs, if incurred, as those
associated with registering applicants; issuing, processing, and verifying right-of-way new text begin or
small wireless facility new text end permit applications; inspecting job sites and restoration projects;
maintaining, supporting, protecting, or moving user equipment during public right-of-way
work; determining the adequacy of right-of-way restoration; restoring work inadequately
performed after providing notice and the opportunity to correct the work; and revoking
right-of-way new text begin or small wireless facility new text end permits.
new text begin (b)new text end Management costs do not includenew text begin :
new text end
new text begin (1)new text end payment by a telecommunications right-of-way user for the use of the public
right-of-waydeleted text begin ,deleted text end new text begin ;
new text end
new text begin
(2) unreasonable fees of a third-party contractor used by a local government unit as part
of managing its public rights-of-way, including but not limited to any third-party contractor
fee tied to or based upon customer counts, access lines, revenue generated by the
telecommunications right-of-way user, or revenue generated for a local government unit;
or
new text end
new text begin (3)new text end the fees and cost of litigation relating to the interpretation of this section or section
237.163 or any ordinance enacted under those sections, or the local unit of government's
fees and costs related to appeals taken pursuant to section 237.163, subdivision 5.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to
read:
new text begin Subd. 10. new text end
new text begin Collocate. new text end
new text begin
"Collocate" or "collocation" means to install, mount, maintain,
modify, operate, or replace a small wireless facility on, under, within, or adjacent to an
existing wireless support structure that is owned privately or by a local government unit.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to
read:
new text begin Subd. 11. new text end
new text begin Small wireless facility. new text end
new text begin
"Small wireless facility" means:
new text end
new text begin
(1) a wireless facility that meets both of the following qualifications:
new text end
new text begin
(i) each antenna is located inside an enclosure of no more than six cubic feet in volume
or, in the case of an antenna that has exposed elements, the antenna and all its exposed
elements could fit within an enclosure of no more than six cubic feet; and
new text end
new text begin
(ii) all other wireless equipment associated with the small wireless facility, excluding
electric meters, concealment elements, telecommunications demarcation boxes, battery
backup power systems, grounding equipment, power transfer switches, cutoff switches,
cable, conduit, vertical cable runs for the connection of power and other services, and any
equipment concealed from public view within or behind an existing structure or concealment,
is in aggregate no more than 28 cubic feet in volume; or
new text end
new text begin
(2) a micro wireless facility.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to
read:
new text begin Subd. 12. new text end
new text begin Utility pole. new text end
new text begin
"Utility pole" means a pole that is used in whole or in part to
facilitate telecommunications or electric service.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to
read:
new text begin Subd. 13. new text end
new text begin Wireless facility. new text end
new text begin
(a) "Wireless facility" means equipment at a fixed location
that enables the provision of wireless services between user equipment and a wireless service
network, including:
new text end
new text begin
(1) equipment associated with wireless service;
new text end
new text begin
(2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration; and
new text end
new text begin
(3) a small wireless facility.
new text end
new text begin
(b) "Wireless facility" does not include:
new text end
new text begin
(1) wireless support structures;
new text end
new text begin
(2) wireline backhaul facilities; or
new text end
new text begin
(3) coaxial or fiber-optic cables (i) between utility poles or wireless support structures,
or (ii) that are not otherwise immediately adjacent to or directly associated with a specific
antenna.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to
read:
new text begin Subd. 14. new text end
new text begin Micro wireless facility. new text end
new text begin
"Micro wireless facility" means a small wireless
facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose
exterior antenna, if any, is no longer than 11 inches.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision to
read:
new text begin Subd. 15. new text end
new text begin Wireless service. new text end
new text begin
"Wireless service" means any service using licensed or
unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by
means of a mobile device, that is provided using wireless facilities. Wireless service does
not include services regulated under Title VI of the Communications Act of 1934, as
amended, including a cable service under United States Code, title 47, section 522, clause
(6).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision
to read:
new text begin Subd. 16. new text end
new text begin Wireless support structure. new text end
new text begin
"Wireless support structure" means a new or
existing structure in a public right-of-way designed to support or capable of supporting
small wireless facilities, as reasonably determined by a local government unit.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Minnesota Statutes 2016, section 237.162, is amended by adding a subdivision
to read:
new text begin Subd. 17. new text end
new text begin Wireline backhaul facility. new text end
new text begin
"Wireline backhaul facility" means a facility
used to transport communications data by wire from a wireless facility to a communications
network.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
Minnesota Statutes 2016, section 237.163, subdivision 2, is amended to read:
Subd. 2.
Generally.
(a) Subject to this section, a telecommunications right-of-way user
authorized to do business under the laws of this state or by license of the Federal
Communications Commission may construct, maintain, and operatenew text begin small wireless facilities,new text end
conduit, cable, switches, and related appurtenances and facilities along, across, upon, above,
and under any public right-of-way.
(b) Subject to this section, a local government unit has the authority to manage its public
rights-of-way and to recover its rights-of-way management costs. new text begin Except as provided in
subdivisions 3a, 3b, and 3c, new text end the authority defined in this section may be exercised at the
option of the local government unitdeleted text begin . The exercise of this authoritydeleted text end new text begin andnew text end is not mandated under
this section. A local government unit may, by ordinance:
(1) require a telecommunications right-of-way user seeking to excavate or obstruct a
public right-of-way for the purpose of providing telecommunications services to obtain a
right-of-way permit to do so and to impose permit conditions consistent with the local
government unit's management of the right-of-way;
(2) require a telecommunications right-of-way user using, occupying, or seeking to use
or occupy a public right-of-way for the purpose of providing telecommunications services
to register with the local government unit by providing the local government unit with the
following information:
(i) the applicant's name, gopher state one-call registration number under section 216D.03,
address, and telephone and facsimile numbers;
(ii) the name, address, and telephone and facsimile numbers of the applicant's local
representative;
(iii) proof of adequate insurance; and
(iv) other information deemed reasonably necessary by the local government unit for
the efficient administration of the public right-of-way; and
(3) require telecommunications right-of-way users to submit to the local government
unit plans for construction and major maintenance that provide reasonable notice to the
local government unit of projects that the telecommunications right-of-way user expects to
undertake that may require excavation and obstruction of public rights-of-way.
(c) A local government unit may also require a telecommunications right-of-way user
that is registered with the local government unit pursuant to paragraph (b), clause (2), to
periodically update the information in its registration application.
new text begin
(d) Notwithstanding sections 394.34 and 462.355, or any other law, a local government
unit must not establish a moratorium with respect to:
new text end
new text begin
(1) filing, receiving, or processing applications for right-of-way or small wireless facility
permits; or
new text end
new text begin
(2) issuing or approving right-of-way or small wireless facility permits.
new text end
new text begin
(e) A telecommunications right-of-way user may place a new wireless support structure
or collocate small wireless facilities on wireless support structures located within a public
right-of-way, subject to the approval procedures under this section and, for collocation on
wireless support structures owned by a local government unit, the reasonable terms,
conditions, and rates set forth under this section. A local government unit may prohibit,
regulate, or charge a fee to install wireless support structures or to collocate small wireless
facilities only as provided in this section.
new text end
new text begin
(f) The placement of small wireless facilities and wireless support structures to
accommodate small wireless facilities are a permitted use in a public right-of-way, except
that a local government unit may require a person to obtain a special or conditional land
use permit to install a new wireless support structure for the siting of a small wireless facility
in a right-of-way in a district or area zoned for single-family residential use or within a
historic district established by federal or state law or city ordinance as of the date of
application for a small wireless facility permit. This paragraph does not apply to areas
outside a public right-of-way that are zoned and used exclusively for single-family residential
use.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment, except
that paragraph (d) is effective January 1, 2018, for a local government unit that has not
enacted an ordinance regulating public rights-of-way as of May 18, 2017.
new text end
Sec. 13.
Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Small wireless facility permits; general. new text end
new text begin
(a) A local government unit:
new text end
new text begin
(1) may require a telecommunications right-of-way user to obtain a permit or permits
under this section to place a new wireless support structure or collocate a small wireless
facility in a public right-of-way managed by the local government unit;
new text end
new text begin
(2) must not require an applicant for a small wireless facility permit to provide any
information that:
new text end
new text begin
(i) has previously been provided to the local government unit by the applicant in an
application for a small wireless permit, which specific reference shall be provided to the
local government unit by the applicant; and
new text end
new text begin
(ii) is not reasonably necessary to review a permit application for compliance with
generally applicable and reasonable health, safety, and welfare regulations, and to
demonstrate compliance with applicable Federal Communications Commission regulations
governing radio frequency exposure, or other information required by this section;
new text end
new text begin
(3) must ensure that any application for a small wireless facility permit is processed on
a nondiscriminatory basis; and
new text end
new text begin
(4) must specify that the term of a small wireless facility permit is equal to the length
of time that the small wireless facility is in use, unless the permit is revoked under this
section.
new text end
new text begin
(b) An applicant may file a consolidated permit application to collocate up to 15 small
wireless facilities, or a greater number if agreed to by a local government unit, provided
that all the small wireless facilities in the application:
new text end
new text begin
(1) are located within a two-mile radius;
new text end
new text begin
(2) consist of substantially similar equipment; and
new text end
new text begin
(3) are to be placed on similar types of wireless support structures.
new text end
new text begin
In rendering a decision on a consolidated permit application, a local government unit may
approve a permit for some small wireless facilities and deny a permit for others, but may
not use denial of one or more permits as a basis to deny all the small wireless facilities in
the application.
new text end
new text begin
(c) If a local government unit receives applications within a single seven-day period
from one or more applicants seeking approval of permits for more than 30 small wireless
facilities, the local government unit may extend the 90-day deadline imposed in subdivision
3c by an additional 30 days. If a local government unit elects to invoke this extension, it
must inform in writing any applicant to whom the extension will be applied.
new text end
new text begin
(d) A local government unit is prohibited from requiring a person to pay a small wireless
facility permit fee, obtain a small wireless facility permit, or enter into a small wireless
facility collocation agreement solely in order to conduct any of the following activities:
new text end
new text begin
(1) routine maintenance of a small wireless facility;
new text end
new text begin
(2) replacement of a small wireless facility with a new facility that is substantially similar
or smaller in size, weight, height, and wind or structural loading than the small wireless
facility being replaced; or
new text end
new text begin
(3) installation, placement, maintenance, operation, or replacement of micro wireless
facilities that are suspended on cables strung between existing utility poles in compliance
with national safety codes.
new text end
new text begin
A local government unit may require advance notification of these activities if the work
will obstruct a public right-of-way.
new text end
new text begin
(e) Nothing in this subdivision affects the need for an entity seeking to place a small
wireless facility on a wireless support structure that is not owned by a local government
unit to obtain from the owner of the wireless support structure any necessary authority to
place the small wireless facility, nor shall any provision of this chapter be deemed to affect
the rates, terms, and conditions for access to or placement of a small wireless facility or a
wireless support structure not owned by a local government unit. This subdivision does not
affect any existing agreement between a local government unit and an entity concerning
the placement of small wireless facilities on local government unit-owned wireless support
structures.
new text end
new text begin
(f) No later than six months after the effective date of this act or three months after
receiving a small wireless facility permit application from a wireless service provider, a
local government unit that has elected to set forth terms and conditions of collocation in a
standard small wireless facility collocation agreement shall develop and make available an
agreement that complies with the requirements of this section and section 237.162. A
standard small wireless facility collocation agreement shall be substantially complete.
Notwithstanding any law to the contrary, the parties to a small wireless facility collocation
agreement may incorporate additional terms and conditions mutually agreed upon into a
small wireless facility collocation agreement. A small wireless facility collocation agreement
between a local government unit and a wireless service provider is considered public data
not on individuals and is accessible to the public under section 13.03.
new text end
new text begin
(g) An approval of a small wireless facility permit under this section authorizes the
installation, placement, maintenance, or operation of a small wireless facility to provide
wireless service and shall not be construed to confer authorization to (1) provide any service
other than a wireless service, or (2) install, place, maintain, or operate a wireline backhaul
facility in the right-of-way.
new text end
new text begin
(h) The terms and conditions of collocation under this subdivision:
new text end
new text begin
(1) may be set forth in a small wireless facility collocation agreement, if a local
government unit elects to utilize such an agreement;
new text end
new text begin
(2) must be nondiscriminatory, competitively neutral, and commercially reasonable; and
new text end
new text begin
(3) must comply with this section and section 237.162.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14.
Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision
to read:
new text begin Subd. 3b. new text end
new text begin Small wireless facility permits; placement. new text end
new text begin
(a) A local government unit may
not require the placement of small wireless facilities on any specific wireless support structure
other than the wireless support structure proposed in the permit application.
new text end
new text begin
(b) A local government unit must not limit the placement of small wireless facilities,
either by minimum separation distances between small wireless facilities or maximum
height limitations, except that each wireless support structure installed in the right-of-way
after the effective date of this act shall not exceed 50 feet above ground level, unless the
local government unit agrees to a greater height, subject to local zoning regulations, and
may be subject to separation requirements in relation to other wireless support structures.
new text end
new text begin
(c) Notwithstanding paragraph (b), a wireless support structure that replaces an existing
wireless support structure that is higher than 50 feet above ground level may be placed at
the height of the existing wireless support structure, unless the local government unit agrees
to a greater height, subject to local zoning regulations.
new text end
new text begin
(d) Wireless facilities constructed in the right-of-way after the effective date of this act
may not extend more than ten feet above an existing wireless support structure in place as
of the effective date of this act.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15.
Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision
to read:
new text begin Subd. 3c. new text end
new text begin Small wireless facility permits; approval. new text end
new text begin
(a) Except as provided in
subdivision 4, a local government unit shall issue a small wireless facility permit to a
telecommunications right-of-way user seeking to install a new or replacement wireless
support structure for a small wireless facility, or to collocate a small wireless facility on a
wireless support structure in a public right-of-way. In processing and approving a small
wireless facility permit, a local government unit may condition its approval on compliance
with:
new text end
new text begin
(1) generally applicable and reasonable health, safety, and welfare regulations consistent
with the local government unit's public right-of-way management;
new text end
new text begin
(2) reasonable accommodations for decorative wireless support structures or signs; and
new text end
new text begin
(3) any reasonable restocking, replacement, or relocation requirements when a new
wireless support structure is placed in a public right-of-way.
new text end
new text begin
(b) A local government unit has 90 days after the date a small wireless facility permit
application is filed to issue or deny the permit, or the permit is automatically issued. To toll
the 90-day clock, the local government unit must provide a written notice of incompleteness
to the applicant within 30 days of receipt of the application, clearly and specifically
delineating all missing documents or information. Information delineated in the notice is
limited to documents or information publicly required as of the date of application and
reasonably related to a local government unit's determination whether the proposed equipment
falls within the definition of a small wireless facility and whether the proposed deployment
satisfies all health, safety, and welfare regulations applicable to the small wireless facility
permit request. Upon an applicant's submittal of additional documents or information in
response to a notice of incompleteness, the local government unit has ten days to notify the
applicant in writing of any information requested in the initial notice of incompleteness that
is still missing. Second or subsequent notices of incompleteness may not specify documents
or information that were not delineated in the original notice of incompleteness. Requests
for information not requested in the initial notice of incompleteness do not toll the 90-day
clock. Parties can mutually agree in writing to toll the 90-day clock at any time. Section
15.99 does not apply to this paragraph or paragraph (c).
new text end
new text begin
For the purposes of this subdivision, "toll the 90-day clock" means to halt the progression
of days that count towards the 90-day deadline.
new text end
new text begin
(c) Except as provided in subdivision 3a, paragraph (c), a small wireless facility permit
and any associated encroachment or building permit required by a local government unit,
are deemed approved if the local government unit fails to approve or deny the application
within 90 days after the permit application has been filed, unless the applicant and the local
government unit have mutually agreed in writing to extend the 90-day deadline.
new text end
new text begin
(d) Nothing in this subdivision precludes a local government unit from applying generally
applicable and reasonable health, safety, and welfare regulations when evaluating and
deciding to approve or deny a small wireless facility permit.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16.
Minnesota Statutes 2016, section 237.163, subdivision 4, is amended to read:
Subd. 4.
Permit denial or revocation.
(a) A local government unit may deny any
application for a right-of-waynew text begin or small wireless facilitynew text end permit if the telecommunications
right-of-way user does not comply with a provision of this section.
(b) A local government unit may deny an application for a right-of-way permit if the
local government unit determines that the denial is necessary to protect the health, safety,
and welfare or when necessary to protect the public right-of-way and its current use.
(c) A local government unit may revoke a right-of-waynew text begin or small wireless facilitynew text end permit
granted to a telecommunications right-of-way user, with or without fee refund, in the event
of a substantial breach of the terms and conditions of statute, ordinance, rule, or regulation
or any material condition of the permit. A substantial breach by a permittee includes, but
is not limited to, the following:
(1) a material violation of a provision of the right-of-waynew text begin or small wireless facilitynew text end
permit;
(2) an evasion or attempt to evade any material provision of the right-of-waynew text begin or small
wireless facilitynew text end permit, or the perpetration or attempt to perpetrate any fraud or deceit upon
the local government unit or its citizens;
(3) a material misrepresentation of fact in the right-of-waynew text begin or small wireless facilitynew text end
permit application;
(4) a failure to complete work in a timely manner, unless a permit extension is obtained
or unless the failure to complete work is due to reasons beyond the permittee's control; and
(5) a failure to correct, in a timely manner, work that does not conform to applicable
standards, conditions, or codes, upon inspection and notification by the local government
unit of the faulty condition.
(d) Subject to this subdivision, a local government unit may not deny an application for
a right-of-waynew text begin or small wireless facilitynew text end permit for failure to include a project in a plan
submitted to the local government unit under subdivision 2, paragraph (b), clause (3), when
the telecommunications right-of-way user has used commercially reasonable efforts to
anticipate and plan for the project.
(e) In no event may a local government unit unreasonably withhold approval of an
application for a right-of-way new text begin or small wireless facility new text end permit, or unreasonably revoke a
permit.
new text begin
(f) Any denial or revocation of a right-of-way or small wireless facility permit must be
made in writing and must document the basis for the denial. The local government unit must
notify the telecommunications right-of-way user in writing within three business days of
the decision to deny or revoke a permit. If a permit application is denied, the
telecommunications right-of-way user may cure the deficiencies identified by the local
government unit and resubmit its application. If the telecommunications right-of-way user
resubmits the application within 30 days of receiving written notice of the denial, it may
not be charged an additional filing or processing fee. The local government unit must approve
or deny the revised application within 30 days after the revised application is submitted.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 17.
Minnesota Statutes 2016, section 237.163, subdivision 6, is amended to read:
Subd. 6.
Fees.
(a) A local government unit may recover its right-of-way management
costs by imposing a fee for registration, a fee for each right-of-way new text begin or small wireless facility
new text end permit, or, when appropriate, a fee applicable to a particular telecommunications right-of-way
user when that user causes the local government unit to incur costs as a result of actions or
inactions of that user. A local government unit may not recover new text begin costs new text end from a
telecommunications right-of-way user deleted text begin costsdeleted text end new text begin or an owner of a cable communications system
awarded a franchise under chapter 238new text end caused by another entity's activity in the right-of-way.
(b) Fees, or other right-of-way obligations, imposed by a local government unit on
telecommunications right-of-way users under this section must be:
(1) based on the actual costs incurred by the local government unit in managing the
public right-of-way;
(2) based on an allocation among all users of the public right-of-way, including the local
government unit itself, which shall reflect the proportionate costs imposed on the local
government unit by each of the various types of uses of the public rights-of-way;
(3) imposed on a competitively neutral basis; and
(4) imposed in a manner so that aboveground uses of public rights-of-way do not bear
costs incurred by the local government unit to regulate underground uses of public
rights-of-way.
(c) The rights, duties, and obligations regarding the use of the public right-of-way
imposed under this section must be applied to all users of the public right-of-way, including
the local government unit while recognizing regulation must reflect the distinct engineering,
construction, operation, maintenance and public and worker safety requirements, and
standards applicable to various users of the public rights-of-way. For users subject to the
franchising authority of a local government unit, to the extent those rights, duties, and
obligations are addressed in the terms of an applicable franchise agreement, the terms of
the franchise shall prevail over any conflicting provision in an ordinance.
new text begin
(d) A wireless service provider may collocate small wireless facilities on wireless support
structures owned or controlled by a local government unit and located within the public
roads or rights-of-way without being required to apply for or enter into any individual
license, franchise, or other agreement with the local government unit or any other entity,
other than a standard small wireless facility collocation agreement under subdivision 3a,
paragraph (f), if the local unit of government elects to utilize such an agreement.
new text end
new text begin
(e) Any initial engineering survey and preparatory construction work associated with
collocation must be paid by the cost causer in the form of a onetime, nonrecurring,
commercially reasonable, nondiscriminatory, and competitively neutral charge to recover
the costs associated with a proposed attachment.
new text end
new text begin
(f) Total application fees for a small wireless facility permit must comply with this
subdivision with respect to costs related to the permit.
new text end
new text begin
(g) A local government unit may elect to charge each small wireless facility attached to
a wireless support structure owned by the local government unit a fee, in addition to other
fees or charges allowed under this subdivision, consisting of:
new text end
new text begin
(1) up to $150 per year for rent to occupy space on a wireless support structure;
new text end
new text begin
(2) up to $25 per year for maintenance associated with the space occupied on a wireless
support structure; and
new text end
new text begin
(3) a monthly fee for electricity used to operate a small wireless facility, if not purchased
directly from a utility, at the rate of:
new text end
new text begin
(i) $73 per radio node less than or equal to 100 max watts;
new text end
new text begin
(ii) $182 per radio node over 100 max watts; or
new text end
new text begin
(iii) the actual costs of electricity, if the actual costs exceed the amount in item (i) or
(ii).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Minnesota Statutes 2016, section 237.163, subdivision 7, is amended to read:
Subd. 7.
Additional right-of-way provisions.
(a) In managing the public rights-of-way
and in imposing fees under this section, no local government unit may:
(1) unlawfully discriminate among telecommunications right-of-way users;
(2) grant a preference to any telecommunications right-of-way user;
(3) create or erect any unreasonable requirement for entry to the public rights-of-way
by telecommunications right-of-way users; or
(4) require a telecommunications right-of-way user to obtain a franchise or pay for the
use of the right-of-way.
(b) A telecommunications right-of-way user need not apply for or obtain right-of-way
permits for facilities that are located in public rights-of-way on May 10, 1997, for which
the user has obtained the required consent of the local government unit, or that are otherwise
lawfully occupying the public right-of-way. However, the telecommunications right-of-way
user may be required to register and to obtain a right-of-way permit for an excavation or
obstruction of existing facilities within the public right-of-way after May 10, 1997.
(c) Data and documents exchanged between a local government unit and a
telecommunications right-of-way user are subject to the terms of chapter 13. A local
government unit not complying with this paragraph is subject to the penalties set forth in
section 13.08.
(d) A local government unit may not collect a fee imposed under this section through
the provision of in-kind services by a telecommunications right-of-way user, nor may a
local government unit require the provision of in-kind services as a condition of consent to
use the local government unit's public right-of-waynew text begin or to obtain a small wireless facility
permitnew text end .
new text begin
(e) Except as provided in this chapter or required by federal law, a local government
unit shall not adopt or enforce any regulation on the placement or operation of
communications facilities in the right-of-way where the entity is already authorized to
operate in the right-of-way, and shall not regulate or impose or collect fees on
communications services except to the extent specifically provided for in the existing
authorization, and unless expressly required by state or federal statute.
new text end
Sec. 19.
Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Authorized contractors. new text end
new text begin
(a) Nothing in this section precludes a
telecommunications right-of-way user from authorizing another entity or individual to act
on its behalf to install, construct, maintain, or repair a facility or facilities owned or controlled
by the telecommunications right-of-way user.
new text end
new text begin
(b) A local government unit is prohibited from imposing fees or requirements on an
authorized entity or individual for actions on behalf of a telecommunications right-of-way
user that are in addition to or different from the fees and requirements it is authorized to
impose on the telecommunications right-of-way user under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 20.
Minnesota Statutes 2016, section 237.163, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Exemptions. new text end
new text begin
(a) Notwithstanding any other provision in this chapter, this
section does not apply to a wireless support structure owned, operated, maintained, or served
by a municipal electric utility.
new text end
new text begin
(b) Subdivisions 3a, 3b, 3c, and subdivision 6, paragraphs (d) through (g), and subdivision
7, paragraph (e), do not apply to the collocation or regulation of small wireless facilities
issued a permit by a local government unit before the effective date of this act under an
ordinance enacted before May 18, 2017, that regulates the collocation of small wireless
facilities.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 10
ENERGY POLICY
Section 1.
Minnesota Statutes 2016, section 3.8851, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
(a) There is established a Legislative Energy Commission
to study and to make recommendations for legislation concerning issues related to its duties
under subdivision 3.
(b) The commission consists of:
(1) deleted text begin tendeleted text end new text begin ninenew text end members of the house of representativesnew text begin , five of whom arenew text end appointed by
the speaker of the housedeleted text begin ,deleted text end new text begin andnew text end four of whom deleted text begin must be fromdeleted text end new text begin are appointed by the leader ofnew text end the
minority caucusdeleted text begin , and including the chair of the committee with primary jurisdiction over
energy policy; the chair or another member of each of the committees with primary
jurisdiction over environmental policy, agricultural policy, and transportation policydeleted text end ; and
(2) deleted text begin tendeleted text end new text begin ninenew text end members of the senate deleted text begin to bedeleted text end new text begin , five of whom arenew text end appointed by the deleted text begin Subcommittee
on Committees,deleted text end new text begin leader of the majority caucus andnew text end four of whom deleted text begin must be fromdeleted text end new text begin are appointed
by the leader ofnew text end the minority caucusdeleted text begin , and including the chair of the committee with primary
jurisdiction over energy policy; and the chair or another member of each of the committees
with primary jurisdiction over environmental policy, agricultural policy, and transportation
policydeleted text end .
(c) The commission may employ full-time and part-time staff, contract for consulting
services, and may reimburse the expenses of persons requested to assist it in its duties. The
director of the Legislative Coordinating Commission shall assist the commission in
administrative matters. The commission shall elect cochairs, one member of the house of
representatives and one member of the senate from among the committee and subcommittee
chairs named to the commission. The commission members from the house of representatives
shall elect the house of representatives cochair, and the commission members from the
senate shall elect the senate cochair.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2016, section 16B.323, is amended to read:
16B.323 SOLAR ENERGY IN STATE BUILDINGS.
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given.
deleted text begin
(b) "Made in Minnesota" means the manufacture in this state of:
deleted text end
deleted text begin
(1) components of a solar thermal system certified by the Solar Rating and Certification
Corporation; or
deleted text end
deleted text begin
(2) solar photovoltaic modules that:
deleted text end
deleted text begin
(i) are manufactured at a manufacturing facility in Minnesota that is registered and
authorized to manufacture those solar photovoltaic modules by Underwriters Laboratory,
CSA International, Intertek, or an equivalent independent testing agency;
deleted text end
deleted text begin
(ii) bear certification marks from Underwriters Laboratory, CSA International, Intertek,
or an equivalent independent testing agency; and
deleted text end
deleted text begin
(iii) meet the requirements of section 116C.7791, subdivision 3, paragraph (a), clauses
(1), (5), and (6).
deleted text end
deleted text begin
For the purposes of clause (2), "manufactured" has the meaning given in section
116C.7791, subdivision 1, paragraph (b), clauses (1) and (2).
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end "Major renovation" means a substantial addition to an existing building, or a
substantial change to the interior configuration or the energy system of an existing building.
deleted text begin (d)deleted text end new text begin (c)new text end "Solar energy system" means deleted text begin solardeleted text end photovoltaic deleted text begin modulesdeleted text end new text begin devicesnew text end alone or installed
in conjunction with a solar thermal system.
deleted text begin (e) "Solar Photovoltaic moduledeleted text end new text begin (d) "Photovoltaic devicenew text end " has the meaning given in
section deleted text begin 116C.7791, subdivision 1, paragraph (e)deleted text end new text begin 216C.06, subdivision 16new text end .
deleted text begin (f)deleted text end new text begin (e)new text end "Solar thermal system" has the meaning given "qualifying solar thermal project"
in section 216B.2411, subdivision 2, paragraph (e).
deleted text begin (g)deleted text end new text begin (f)new text end "State building" means a building whose construction or renovation is paid wholly
or in part by the state from the bond proceeds fund.
Subd. 2.
Solar energy system.
(a) As provided in paragraphs (b) and (c), a project for
the construction or major renovation of a state building, after the completion of a cost-benefit
analysis, may include installation of deleted text begin "Made in Minnesota"deleted text end solar energy systems of deleted text begin 40deleted text end new text begin up
to 300new text end kilowatts capacity on, adjacent, or in proximity to the state building.
(b) The capacity of a solar new text begin energy new text end system must be less than deleted text begin 40deleted text end new text begin 300new text end kilowatts to the extent
necessary to match the electrical load of the buildingnew text begin ,new text end or deleted text begin to the extentdeleted text end new text begin the capacity must be
no more thannew text end necessary to keep the costs for the installation below the five percent maximum
set by paragraph (c).
(c) The cost of the solar new text begin energy new text end system must not exceed five percent of the appropriations
from the bond proceeds fund for the construction or renovation of the state building. Purchase
and installation of a solar thermal system may account for no more than 25 percent of the
cost of a solar new text begin energy new text end system installation.
(d) A project subject to this section is ineligible to receive a rebate for the installation
of a solar energy system under section 116C.7791 or from any utility.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2016, section 116C.779, subdivision 1, is amended to read:
Subdivision 1.
Renewable development account.
(a) new text begin The renewable development
account is established as a separate account in the special revenue fund in the state treasury.
Appropriations and transfers to the account shall be credited to the account. Earnings, such
as interest, dividends, and any other earnings arising from assets of the account, shall be
credited to the account. Funds remaining in the account at the end of a fiscal year are not
canceled to the general fund but remain in the account until expended. The account shall
be administered by the commissioner of management and budget as provided under this
section.
new text end
new text begin
(b) On July 1, 2017, the public utility that owns the Prairie Island nuclear generating
plant must transfer all funds in the renewable development account previously established
under this subdivision and managed by the public utility to the renewable development
account established in paragraph (a). Funds awarded to grantees in previous grant cycles
that have not yet been expended and unencumbered funds required to be paid in calendar
year 2017 under paragraphs (f) and (g), and sections 116C.7792 and 216C.41, are not subject
to transfer under this paragraph.
new text end
new text begin (c) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing
each January 15 thereafter, new text end the public utility that owns the Prairie Island nuclear generating
plant must transfer to deleted text begin a renewable developmentdeleted text end new text begin the renewable developmentnew text end account $500,000
each year for each dry cask containing spent fuel that is located at the Prairie Island power
plant for each year the plant is in operation, and $7,500,000 each year the plant is not in
operation if ordered by the commission pursuant to paragraph deleted text begin (c)deleted text end new text begin (i)new text end . The fund transfer must
be made if nuclear waste is stored in a dry cask at the independent spent-fuel storage facility
at Prairie Island for any part of a year.
deleted text begin (b)deleted text end new text begin (d) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing
each January 15 thereafter,new text end the public utility that owns the Monticello nuclear generating
plant must transfer to the renewable development account $350,000 each year for each dry
cask containing spent fuel that is located at the Monticello nuclear power plant for each
year the plant is in operation, and $5,250,000 each year the plant is not in operation if ordered
by the commission pursuant to paragraph deleted text begin (c)deleted text end new text begin (i)new text end . The fund transfer must be made if nuclear
waste is stored in a dry cask at the independent spent-fuel storage facility at Monticello for
any part of a year.
new text begin
(e) Each year, the public utility shall withhold from the funds transferred to the renewable
development account under paragraphs (c) and (d) the amount necessary to pay its obligations
under paragraphs (f) and (g), and sections 116C.7792 and 216C.41, for that calendar year.
new text end
new text begin
(f) If the commission approves a new or amended power purchase agreement, the
termination of a power purchase agreement, or the purchase and closure of a facility under
section 216B.2424, subdivision 9, with an entity that uses poultry litter to generate electricity,
the public utility subject to this section shall enter into a contract with the city in which the
poultry litter plant is located to provide grants to the city for the purposes of economic
development on the following schedule: $4,000,000 in fiscal year 2018; $6,500,000 each
fiscal year in 2019 and 2020; and $3,000,000 in fiscal year 2021. The grants shall be paid
by the public utility from funds withheld from the transfer to the renewable development
account, as provided in paragraphs (b) and (e).
new text end
new text begin
(g) If the commission approves a new or amended power purchase agreement, or the
termination of a power purchase agreement under section 216B.2424, subdivision 9, with
an entity owned or controlled, directly or indirectly, by two municipal utilities located north
of Constitutional Route No. 8, that was previously used to meet the biomass mandate in
section 216B.2424, the public utility that owns a nuclear generating plant shall enter into a
grant contract with such entity to provide $6,800,000 per year for five years, commencing
30 days after the commission approves the new or amended power purchase agreement, or
the termination of the power purchase agreement, and on each June 1 thereafter through
2021, to assist the transition required by the new, amended, or terminated power purchase
agreement. The grant shall be paid by the public utility from funds withheld from the transfer
to the renewable development account as provided in paragraphs (b) and (e).
new text end
new text begin
(h) The collective amount paid under the grant contracts awarded under paragraphs (f)
and (g) is limited to the amount deposited into the renewable development account, and its
predecessor, the renewable development account, established under this section, that was
not required to be deposited into the account under Laws 1994, chapter 641, article 1, section
10.
new text end
deleted text begin (c)deleted text end new text begin (i)new text end After discontinuation of operation of the Prairie Island nuclear plant or the
Monticello nuclear plant and each year spent nuclear fuel is stored in dry cask at the
discontinued facility, the commission shall require the public utility to pay $7,500,000 for
the discontinued Prairie Island facility and $5,250,000 for the discontinued Monticello
facility for any year in which the commission finds, by the preponderance of the evidence,
that the public utility did not make a good faith effort to remove the spent nuclear fuel stored
at the facility to a permanent or interim storage site out of the state. This determination shall
be made at least every two years.
deleted text begin (d)deleted text end new text begin (j)new text end Funds in the account may be expended only for any of the following purposes:
(1) deleted text begin to increase the market penetration within the state of renewable electric energy
resources at reasonable costs;
deleted text end
deleted text begin
(2) to promote the start-up, expansion, and attraction of renewable electric energy projects
and companies within the state;
deleted text end
deleted text begin (3)deleted text end to stimulate research and development deleted text begin within the state intodeleted text end new text begin ofnew text end renewable electric
energy technologies; deleted text begin and
deleted text end
deleted text begin
(4) to develop near-commercial and demonstration scale renewable electric projects or
near-commercial and demonstration scale electric infrastructure delivery projects if those
delivery projects enhance the delivery of renewable electric energy
deleted text end
new text begin
(2) to encourage grid modernization, including, but not limited to, projects that implement
electricity storage, load control, and smart meter technology; and
new text end
new text begin (3) to stimulate other innovative energy projects that reduce demand and increase system
efficiency and flexibilitynew text end .
new text begin
Expenditures from the fund must benefit Minnesota ratepayers receiving electric service
from the utility that owns a nuclear-powered electric generating plant in this state or the
Prairie Island Indian community or its members.
new text end
The utility that owns a nuclear generating plant is eligible to apply for deleted text begin renewable development
accountdeleted text end grantsnew text begin under this subdivisionnew text end .
new text begin
(k) For the purposes of paragraph (j), the following terms have the meanings given:
new text end
new text begin
(1) "renewable" has the meaning given in section 216B.2422, subdivision 1, paragraph
(c), clauses (1), (2), (4), and (5); and
new text end
new text begin
(2) "grid modernization" means:
new text end
new text begin
(i) enhancing the reliability of the electrical grid;
new text end
new text begin
(ii) improving the security of the electrical grid against cyberthreats and physical threats;
and
new text end
new text begin
(iii) increasing energy conservation opportunities by facilitating communication between
the utility and its customers through the use of two-way meters, control technologies, energy
storage and microgrids, technologies to enable demand response, and other innovative
technologies.
new text end
deleted text begin
(e) Expenditures authorized by this subdivision from the account may be made only
after approval by order of the Public Utilities Commission upon a petition by the public
utility. The commission may approve proposed expenditures, may disapprove proposed
expenditures that it finds to be not in compliance with this subdivision or otherwise not in
the public interest, and may, if agreed to by the public utility, modify proposed expenditures.
The commission may approve reasonable and necessary expenditures for administering the
account in an amount not to exceed five percent of expenditures. Commission approval is
not required for expenditures required under subdivisions 2 and 3, section 116C.7791, or
other law.
deleted text end
deleted text begin (f) The account shall be managed by the public utility but the public utility must consult
about account expenditures with andeleted text end new text begin (l) A renewable development accountnew text end advisory group
that includes, among others, representatives of new text begin the public utility and new text end its ratepayersnew text begin , and
includes at least one representative of the Prairie Island Indian community appointed by
that community's tribal council, shall develop recommendations on account expendituresnew text end .
deleted text begin The commission may require that other interests be represented on the advisory group.deleted text end The
advisory group must deleted text begin be consulted with respect to the general scope of expenditures in
designingdeleted text end new text begin designnew text end a request for proposal and deleted text begin in evaluatingdeleted text end new text begin evaluatenew text end projects submitted in
response to a request for proposals. deleted text begin In addition to consulting withdeleted text end The advisory groupdeleted text begin , the
public utilitydeleted text end must utilize an independent third-party expert to evaluate proposals submitted
in response to a request for proposal, including all proposals made by the public utility. A
request for proposal for research and development under paragraph deleted text begin (d)deleted text end new text begin (j)new text end , clause deleted text begin (3)deleted text end new text begin (1)new text end ,
may be limited to or include a request to higher education institutions located in Minnesota
for multiple projects authorized under paragraph deleted text begin (d)deleted text end new text begin (j)new text end , clause deleted text begin (3)deleted text end new text begin (1)new text end . The request for
multiple projects may include a provision that exempts the projects from the third-party
expert review and instead provides for project evaluation and selection by a merit peer
review grant system. deleted text begin Thedeleted text end deleted text begin utility should attempt to reach agreement with the advisory group
after consulting with it but thedeleted text end deleted text begin utility has full and sole authority to determine which
deleted text end deleted text begin expendituresdeleted text end deleted text begin shall be submitted deleted text end deleted text begin to the deleted text end deleted text begin commission for commission approvaldeleted text end deleted text begin .deleted text end In the process
of determining request for proposal scope and subject and in evaluating responses to request
for proposals, the deleted text begin public utilitydeleted text end new text begin advisory groupnew text end must strongly consider, where reasonable,
potential benefit to Minnesota citizens and businesses and the utility's ratepayers.
new text begin
(m) The advisory group shall submit funding recommendations to the public utility,
which has full and sole authority to determine which expenditures shall be submitted by
the advisory group to the legislature. The commission may approve proposed expenditures,
may disapprove proposed expenditures that it finds not to be in compliance with this
subdivision or otherwise not in the public interest, and may, if agreed to by the public utility,
modify proposed expenditures. The commission shall, by order, submit its funding
recommendations to the legislature as provided under paragraph (n).
new text end
deleted text begin (g) Funds indeleted text end new text begin (n) The commission shall present its recommended appropriations from
the account to the senate and house of representatives committees with jurisdiction over
energy policy and finance annually by February 15. Expenditures fromnew text end the account deleted text begin may
notdeleted text end new text begin mustnew text end be deleted text begin directlydeleted text end appropriated by deleted text begin the legislature by adeleted text end law deleted text begin enacted after January 1, 2012,
and unless appropriated by a law enacted prior to that date may be expended only pursuant
to an order of the commission according to this subdivisiondeleted text end .new text begin In enacting appropriations from
the account, the legislature:
new text end
new text begin
(1) may approve or disapprove, but may not modify, the amount of an appropriation for
a project recommended by the commission; and
new text end
new text begin
(2) may not appropriate money for a project the commission has not recommended
funding.
new text end
deleted text begin (h)deleted text end new text begin (n)new text end A request for proposal for renewable energy generation projects must, when
feasible and reasonable, give preference to projects that are most cost-effective for a particular
energy source.
deleted text begin (i)deleted text end new text begin (o)new text end The deleted text begin public utilitydeleted text end new text begin advisory groupnew text end must annually, by February 15, report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
energy policy on projects funded by the account for the prior year and all previous years.
The report must, to the extent possible and reasonable, itemize the actual and projected
financial benefit to the public utility's ratepayers of each project.
new text begin
(p) By February 1, 2018, and each February 1 thereafter, the commissioner of
management and budget shall submit a written report regarding the availability of funds in
and obligations of the account to the chairs and ranking minority members of the senate
and house committees with jurisdiction over energy policy and finance, the public utility,
and the advisory group.
new text end
deleted text begin (j)deleted text end new text begin (q)new text end A project receiving funds from the account must produce a written final report
that includes sufficient detail for technical readers and a clearly written summary for
nontechnical readers. The report must include an evaluation of the project's financial,
environmental, and other benefits to the state and the public utility's ratepayers.
deleted text begin (k)deleted text end new text begin (r)new text end Final reports, any mid-project status reports, and renewable development account
financial reports must be posted online on a public Web site designated by the deleted text begin commissiondeleted text end new text begin
commissioner of commercenew text end .
deleted text begin (l)deleted text end new text begin (s)new text end All final reports must acknowledge that the project was made possible in whole
or part by the Minnesota renewable development deleted text begin funddeleted text end new text begin accountnew text end , noting that the deleted text begin funddeleted text end new text begin accountnew text end
is financed by the public utility's ratepayers.
new text begin
(t) Of the amount in the renewable development account, priority must be given to
making the payments required under section 216C.417.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2016, section 116C.7792, is amended to read:
116C.7792 SOLAR ENERGY INCENTIVE PROGRAM.
The utility subject to section 116C.779 shall operate a program to provide solar energy
production incentives for solar energy systems of no more than a total nameplate capacity
of 20 kilowatts direct current. The program shall be operated for deleted text begin fivedeleted text end new text begin eightnew text end consecutive
calendar years commencing in 2014. $5,000,000 shall be allocated deleted text begin fordeleted text end new text begin innew text end each of the deleted text begin fivedeleted text end new text begin
first fournew text end yearsnew text begin , $15,000,000 in the fifth year, $10,000,000 in each of the sixth and seventh
years, and $5,000,000 in the eighth yearnew text end from new text begin funds withheld from transfer tonew text end the renewable
development account deleted text begin established in section deleted text end deleted text begin to a separatedeleted text end new text begin under section 116C.779,
subdivision 1, paragraphs (b) and (e), and placed in a separatenew text end account for the purpose of
the solar production incentive program. The solar system must be sized to less than 120
percent of the customer's on-site annual energy consumption. The production incentive
must be paid for ten years commencing with the commissioning of the system. The utility
must file a plan to operate the program with the commissioner of commerce. The utility
may not operate the program until it is approved by the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2016, section 216B.164, subdivision 2, is amended to read:
Subd. 2.
Applicabilitynew text begin ; rights maintainednew text end .
new text begin (a) new text end This section as well as any rules
promulgated by the commission to implement this section or the Public Utility Regulatory
Policies Act of 1978, Public Law 95-617, Statutes at Large, volume 92, page 3117, new text begin as
amended, new text end and the Federal Energy Regulatory Commission regulations thereunder, Code of
Federal Regulations, title 18, part 292, new text begin as amended, new text end shall, unless otherwise provided in this
section, apply to all Minnesota electric utilities, including cooperative electric associations
and municipal electric utilities.
new text begin
(b) Nothing in this section shall be construed to alter the rights and duties of any person
pursuant to the Public Utility Regulatory Policies Act of 1978, Public Law 95-617, Statutes
at Large, volume 92, page 3117, as amended, and the Federal Energy Regulatory Commission
regulations thereunder, Code of Federal Regulations, title 18, part 292, as amended.
new text end
Sec. 6.
Minnesota Statutes 2016, section 216B.164, subdivision 5, is amended to read:
Subd. 5.
Dispute; resolution.
new text begin (a) new text end In the event of disputes between deleted text begin an electricdeleted text end new text begin a publicnew text end
utility and a qualifying facility, either party may request a determination of the issue by the
commission. In any such determination, the burden of proof shall be on the new text begin public new text end utility.
The commission in its order resolving each such dispute shall require payments to the
prevailing party of the prevailing party's costs, disbursements, and reasonable attorneys'
fees, except that the qualifying facility will be required to pay the costs, disbursements, and
attorneys' fees of the new text begin public new text end utility only if the commission finds that the claims of the
qualifying facility in the dispute have been made in bad faith, or are a sham, or are frivolous.
new text begin
(b) Notwithstanding subdivisions 9 and 11, a qualifying facility over 20 megawatts may,
until December 31, 2022, request that the commission resolve a dispute with any utility,
including a cooperative electric association or municipal utility, under paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2016, section 216B.164, subdivision 9, is amended to read:
Subd. 9.
Municipal electric utility.
For purposes of this section onlydeleted text begin , except subdivision
5,deleted text end and with respect to municipal electric utilities only, the term "commission" means the
governing body of each municipal electric utility that adopts and has in effect rules
implementing this section which are consistent with the rules adopted by the Minnesota
Public Utilities Commission under subdivision 6. As used in this subdivision, the governing
body of a municipal electric utility means the city council of that municipality; except that,
if another board, commission, or body is empowered by law or resolution of the city council
or by its charter to establish and regulate rates and days for the distribution of electric energy
within the service area of the city, that board, commission, or body shall be considered the
governing body of the municipal electric utility.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2016, section 216B.164, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Cooperative electric association. new text end
new text begin
(a) For purposes of this section only, the
term "commission" means the board of directors of a cooperative association that (1) elects,
by resolution, to assume the authority delegated to the Public Utilities Commission over
cooperative electric associations under this section, and (2) adopts and has in effect rules
implementing this section. The rules must provide for a process to resolve disputes that
arise under this section, and must include a provision that a request by either party for
mediation of the dispute by an independent third party must be implemented in accordance
with paragraph (b). A cooperative electric association that has adopted a resolution and
rules under this subdivision is exempt from regulation by the Public Utilities Commission
under this section.
new text end
new text begin
(b) In the event of a dispute between a cooperative electric association and one or more
of its members, either party may request mediation of the dispute only after all attempts to
settle the dispute under the cooperative electric association's dispute resolution process have
been exhausted. The parties must mutually agree upon the selection of a mediator, who
must be listed on the roster of neutrals for civil matters established by the state court
administrator under Rule 114.12 of Minnesota's General Rules of Practice for the District
Courts. The cooperative electric association shall pay 90 percent of the cost of mediation,
and the member or members who initiated the dispute shall pay ten percent of the cost of
mediation.
new text end
new text begin
(c) Except as provided in paragraph (d), any proceedings concerning the activities of a
cooperative electric association under this section that are pending at the Public Utilities
Commission on the effective date of this section are terminated on that date.
new text end
new text begin
(d) The Public Utilities Commission may complete its investigation in Docket No. 16-512
to assess whether the methodology used by cooperative associations to establish a fee under
section 216B.164, subdivision 3, paragraph (a), complies with state law if the commission
determines that completing the investigation is necessary to protect the public interest, in
which case it shall complete the investigation no later than December 31, 2017. A
methodology that the commission determines complies with state law may not be challenged
in a dispute under this section. If the commission determines that a methodology does not
comply with state law, it shall clearly state the changes necessary to bring the methodology
into compliance, and a cooperative electric association shall modify its methodology in
accordance with the commission's directives.
new text end
new text begin
(e) For a cooperative electric association that elects to operate under the provisions of
paragraph (a), disputes arising under this section subsequent to a cooperative electric
association's modification of its methodology under paragraph (d) shall be addressed under
the cooperative association's rules and paragraph (b), as applicable.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2016, section 216B.1691, subdivision 2f, is amended to read:
Subd. 2f.
Solar energy standard.
(a) In addition to the requirements of subdivisions 2a
and 2b, each public utility shall generate or procure sufficient electricity generated by solar
energy to serve its retail electricity customers in Minnesota so that by the end of 2020, at
least 1.5 percent of the utility's total retail electric sales to retail customers in Minnesota is
generated by solar energy.
new text begin (b) For a public utility with more than 200,000 retail electric customers, new text end at least ten
percent of the 1.5 percent goal must be met by solar energy generated by or procured from
solar photovoltaic devices with a nameplate capacity of 20 kilowatts or less.
new text begin
(c) A public utility with between 50,000 and 200,000 retail electric customers:
new text end
new text begin
(1) must meet at least ten percent of the 1.5 percent goal with solar energy generated by
or procured from solar photovoltaic devices with a nameplate capacity of 40 kilowatts or
less; and
new text end
new text begin
(2) may apply toward the ten percent goal in clause (1) individual customer subscriptions
of 40 kilowatts or less to a community solar garden program operated by the public utility
that has been approved by the commission.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end The solar energy standard established in this subdivision is subject to all the
provisions of this section governing a utility's standard obligation under subdivision 2a.
deleted text begin (c)deleted text end new text begin (e)new text end It is an energy goal of the state of Minnesota that, by 2030, ten percent of the
retail electric sales in Minnesota be generated by solar energy.
deleted text begin (d)deleted text end new text begin (f)new text end For the purposes of calculating the total retail electric sales of a public utility
under this subdivision, there shall be excluded retail electric sales to customers that are:
(1) an iron mining extraction and processing facility, including a scram mining facility
as defined in Minnesota Rules, part 6130.0100, subpart 16; or
(2) a paper mill, wood products manufacturer, sawmill, or oriented strand board
manufacturer.
Those customers may not have included in the rates charged to them by the public utility
any costs of satisfying the solar standard specified by this subdivision.
deleted text begin (e)deleted text end new text begin (g)new text end A public utility may not use energy used to satisfy the solar energy standard under
this subdivision to satisfy its standard obligation under subdivision 2a. A public utility may
not use energy used to satisfy the standard obligation under subdivision 2a to satisfy the
solar standard under this subdivision.
deleted text begin (f)deleted text end new text begin (h)new text end Notwithstanding any law to the contrary, a solar renewable energy credit associated
with a solar photovoltaic device installed and generating electricity in Minnesota after
August 1, 2013, but before 2020 may be used to meet the solar energy standard established
under this subdivision.
deleted text begin (g)deleted text end new text begin (i)new text end Beginning July 1, 2014, and each July 1 through 2020, each public utility shall
file a report with the commission reporting its progress in achieving the solar energy standard
established under this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2017.
new text end
Sec. 10.
Minnesota Statutes 2016, section 216B.1694, subdivision 3, is amended to read:
Subd. 3.
Staging and permitting.
(a) A natural gas-fired plant that is located on one
site designated as an innovative energy project site under subdivision 1, clause (3), is
accorded the regulatory incentives granted to an innovative energy project under subdivision
2, clauses (1) to (3), and may exercise the authorities therein.
(b) Following issuance of a final state or federal environmental impact statement for an
innovative energy project that was a subject of contested case proceedings before an
administrative law judge:
(1) site and route permits and water appropriation approvals for an innovative energy
project must also be deemed valid for a plant meeting the requirements of paragraph (a)
and shall remain valid until the deleted text begin earlierdeleted text end new text begin later new text end of (i) four years from the date the final required
state or federal preconstruction permit is issued or (ii) June 30, deleted text begin 2019deleted text end new text begin 2025new text end ; and
(2) no air, water, or other permit issued by a state agency that is necessary for constructing
an innovative energy project may be the subject of contested case hearings, notwithstanding
Minnesota Rules, parts 7000.1750 to 7000.2200.
Sec. 11.
Minnesota Statutes 2016, section 216B.241, subdivision 1b, is amended to read:
Subd. 1b.
Conservation improvement by cooperative association or municipality.
(a) This subdivision applies to:
(1) a cooperative electric association that provides retail service to deleted text begin itsdeleted text end new text begin more than 5,000new text end
members;
(2) a municipality that provides electric service tonew text begin more than 1,000new text end retail customers; and
(3) a municipality with more than 1,000,000,000 cubic feet in annual throughput sales
to natural gas deleted text begin todeleted text end retail customers.
(b) Each cooperative electric association and municipality subject to this subdivision
shall spend and invest for energy conservation improvements under this subdivision the
following amounts:
(1) for a municipality, 0.5 percent of its gross operating revenues from the sale of gas
and 1.5 percent of its gross operating revenues from the sale of electricity, excluding gross
operating revenues from electric and gas service provided in the state to large electric
customer facilities; and
(2) for a cooperative electric association, 1.5 percent of its gross operating revenues
from service provided in the state, excluding gross operating revenues from service provided
in the state to large electric customer facilities indirectly through a distribution cooperative
electric association.
(c) Each municipality and cooperative electric association subject to this subdivision
shall identify and implement energy conservation improvement spending and investments
that are appropriate for the municipality or association, except that a municipality or
association may not spend or invest for energy conservation improvements that directly
benefit a large energy facility or a large electric customer facility for which the commissioner
has issued an exemption under subdivision 1a, paragraph (b).
(d) Each municipality and cooperative electric association subject to this subdivision
may spend and invest annually up to ten percent of the total amount required to be spent
and invested on energy conservation improvements under this subdivision on research and
development projects that meet the definition of energy conservation improvement in
subdivision 1 and that are funded directly by the municipality or cooperative electric
association.
(e) Load-management activities may be used to meet 50 percent of the conservation
investment and spending requirements of this subdivision.
(f) A generation and transmission cooperative electric association that provides energy
services to cooperative electric associations that provide electric service at retail to consumers
may invest in energy conservation improvements on behalf of the associations it serves and
may fulfill the conservation, spending, reporting, and energy-savings goals on an aggregate
basis. A municipal power agency or other not-for-profit entity that provides energy service
to municipal utilities that provide electric service at retail may invest in energy conservation
improvements on behalf of the municipal utilities it serves and may fulfill the conservation,
spending, reporting, and energy-savings goals on an aggregate basis, under an agreement
between the municipal power agency or not-for-profit entity and each municipal utility for
funding the investments.
(g) Each municipality or cooperative shall file energy conservation improvement plans
by June 1 on a schedule determined by order of the commissioner, but at least every three
years. Plans received by June 1 must be approved or approved as modified by the
commissioner by December 1 of the same year. The municipality or cooperative shall
provide an evaluation to the commissioner detailing its energy conservation improvement
spending and investments for the previous period. The evaluation must briefly describe
each conservation program and must specify the energy savings or increased efficiency in
the use of energy within the service territory of the utility or association that is the result of
the spending and investments. The evaluation must analyze the cost-effectiveness of the
utility's or association's conservation programs, using a list of baseline energy and capacity
savings assumptions developed in consultation with the department. The commissioner
shall review each evaluation and make recommendations, where appropriate, to the
municipality or association to increase the effectiveness of conservation improvement
activities.
deleted text begin
(h) MS 2010 [Expired, 1Sp2003 c 11 art 3 s 4; 2007 c 136 art 2 s 5]
deleted text end
deleted text begin (i)deleted text end new text begin (h)new text end The commissioner shall consider and may require a utility, association, or other
entity providing energy efficiency and conservation services under this section to undertake
a program suggested by an outside source, including a political subdivision, nonprofit
corporation, or community organization.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
Minnesota Statutes 2016, section 216B.241, subdivision 1c, is amended to read:
Subd. 1c.
Energy-saving goals.
(a) The commissioner shall establish energy-saving
goals for energy conservation improvement expenditures and shall evaluate an energy
conservation improvement program on how well it meets the goals set.
(b) Each individual utility and association shall have an annual energy-savings goal
equivalent to 1.5 percent of gross annual retail energy sales unless modified by the
commissioner under paragraph (d). The savings goals must be calculated based on the most
recent three-year weather-normalized average. A utility or association may elect to carry
forward energy savings in excess of 1.5 percent for a year to the succeeding three calendar
years, except that savings from electric utility infrastructure projects allowed under paragraph
(d) may be carried forward for five years. A particular energy savings can be used only for
one year's goal.
(c) The commissioner must adopt a filing schedule that is designed to have all utilities
and associations operating under an energy-savings plan by calendar year 2010.
(d) In its energy conservation improvement plan filing, a utility or association may
request the commissioner to adjust its annual energy-savings percentage goal based on its
historical conservation investment experience, customer class makeup, load growth, a
conservation potential study, or other factors the commissioner determines warrants an
adjustment. The commissioner may not approve a plan of a public utility that provides for
an annual energy-savings goal of less than one percent of gross annual retail energy sales
from energy conservation improvements.
A utility or association may include in its energy conservation plan energy savings from
electric utility infrastructure projects approved by the commission under section 216B.1636
or waste heat recovery converted into electricity projects that may count as energy savings
in addition to a minimum energy-savings goal of at least one percent for energy conservation
improvements. Energy savings from electric utility infrastructure projects, as defined in
section 216B.1636, may be included in the energy conservation plan of a municipal utility
or cooperative electric association. Electric utility infrastructure projects must result in
increased energy efficiency greater than that which would have occurred through normal
maintenance activity.
(e) An energy-savings goal is not satisfied by attaining the revenue expenditure
requirements of subdivisions 1a and 1b, but can only be satisfied by meeting the
energy-savings goal established in this subdivision.
(f) An association or utility is not required to make energy conservation investments to
attain the energy-savings goals of this subdivision that are not cost-effective even if the
investment is necessary to attain the energy-savings goals. For the purpose of this paragraph,
in determining cost-effectiveness, the commissioner shall consider the costs and benefits
to ratepayers, the utility, participants, and society. In addition, the commissioner shall
consider the rate at which an association or municipal utility is increasing its energy savings
and its expenditures on energy conservation.
(g) On an annual basis, the commissioner shall produce and make publicly available a
report on the annual energy savings and estimated carbon dioxide reductions achieved by
the energy conservation improvement programs for the two most recent years for which
data is available. The commissioner shall report on program performance both in the
aggregate and for each entity filing an energy conservation improvement plan for approval
or review by the commissioner.
(h) By January 15, 2010, the commissioner shall report to the legislature whether the
spending requirements under subdivisions 1a and 1b are necessary to achieve the
energy-savings goals established in this subdivision.
new text begin
(i) This subdivision does not apply to:
new text end
new text begin
(1) a cooperative electric association with fewer than 5,000 members;
new text end
new text begin
(2) a municipal utility with fewer than 1,000 retail electric customers; or
new text end
new text begin
(3) a municipal utility with less than 1,000,000,000 cubic feet in annual throughput sales
to retail natural gas customers.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 13.
Minnesota Statutes 2016, section 216B.241, subdivision 1d, is amended to read:
Subd. 1d.
Technical assistance.
(a) The commissioner shall evaluate energy conservation
improvement programs on the basis of cost-effectiveness and the reliability of the
technologies employed. The commissioner shall, by order, establish, maintain, and update
energy-savings assumptions that must be used when filing energy conservation improvement
programs. The commissioner shall establish an inventory of the most effective energy
conservation programs, techniques, and technologies, and encourage all Minnesota utilities
to implement them, where appropriate, in their service territories. The commissioner shall
describe these programs in sufficient detail to provide a utility reasonable guidance
concerning implementation. The commissioner shall prioritize the opportunities in order of
potential energy savings and in order of cost-effectiveness. The commissioner may contract
with a third party to carry out any of the commissioner's duties under this subdivision, and
to obtain technical assistance to evaluate the effectiveness of any conservation improvement
program. The commissioner may assess up to $850,000 annually for the purposes of this
subdivision. The assessments must be deposited in the state treasury and credited to the
energy and conservation account created under subdivision 2a. An assessment made under
this subdivision is not subject to the cap on assessments provided by section 216B.62, or
any other law.
(b) Of the assessment authorized under paragraph (a), the commissioner may expend
up to $400,000 annually for the purpose of developing, operating, maintaining, and providing
technical support for a uniform electronic data reporting and tracking system available to
all utilities subject to this section, in order to enable accurate measurement of the cost and
energy savings of the energy conservation improvements required by this section. This
paragraph expires June 30, deleted text begin 2017, and may be used for no more than three annual assessments
occurring prior to that datedeleted text end new text begin 2018new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14.
Minnesota Statutes 2016, section 216B.241, subdivision 2, is amended to read:
Subd. 2.
Programs.
(a) The commissioner may require public utilities to make
investments and expenditures in energy conservation improvements, explicitly setting forth
the interest rates, prices, and terms under which the improvements must be offered to the
customers. The required programs must cover no more than a three-year period. Public
utilities shall file conservation improvement plans by June 1, on a schedule determined by
order of the commissioner, but at least every three years. Plans received by a public utility
by June 1 must be approved or approved as modified by the commissioner by December 1
of that same year. The commissioner shall evaluate the program on the basis of
cost-effectiveness and the reliability of technologies employed. The commissioner's order
must provide to the extent practicable for a free choice, by consumers participating in the
program, of the device, method, material, or project constituting the energy conservation
improvement and for a free choice of the seller, installer, or contractor of the energy
conservation improvement, provided that the device, method, material, or project seller,
installer, or contractor is duly licensed, certified, approved, or qualified, including under
the residential conservation services program, where applicable.
(b) The commissioner may require a utilitynew text begin subject to subdivision 1cnew text end to make an energy
conservation improvement investment or expenditure whenever the commissioner finds
that the improvement will result in energy savings at a total cost to the utility less than the
cost to the utility to produce or purchase an equivalent amount of new supply of energy.
The commissioner shall nevertheless ensure that every public utility operate one or more
programs under periodic review by the department.
(c) Each public utility subject to subdivision 1a may spend and invest annually up to ten
percent of the total amount required to be spent and invested on energy conservation
improvements under this section by the utility on research and development projects that
meet the definition of energy conservation improvement in subdivision 1 and that are funded
directly by the public utility.
(d) A public utility may not spend for or invest in energy conservation improvements
that directly benefit a large energy facility or a large electric customer facility for which the
commissioner has issued an exemption pursuant to subdivision 1a, paragraph (b). The
commissioner shall consider and may require a utility to undertake a program suggested by
an outside source, including a political subdivision, a nonprofit corporation, or community
organization.
(e) A utility, a political subdivision, or a nonprofit or community organization that has
suggested a program, the attorney general acting on behalf of consumers and small business
interests, or a utility customer that has suggested a program and is not represented by the
attorney general under section 8.33 may petition the commission to modify or revoke a
department decision under this section, and the commission may do so if it determines that
the program is not cost-effective, does not adequately address the residential conservation
improvement needs of low-income persons, has a long-range negative effect on one or more
classes of customers, or is otherwise not in the public interest. The commission shall reject
a petition that, on its face, fails to make a reasonable argument that a program is not in the
public interest.
(f) The commissioner may order a public utility to include, with the filing of the utility's
annual status report, the results of an independent audit of the utility's conservation
improvement programs and expenditures performed by the department or an auditor with
experience in the provision of energy conservation and energy efficiency services approved
by the commissioner and chosen by the utility. The audit must specify the energy savings
or increased efficiency in the use of energy within the service territory of the utility that is
the result of the spending and investments. The audit must evaluate the cost-effectiveness
of the utility's conservation programs.
(g) A gas utility may not spend for or invest in energy conservation improvements that
directly benefit a large customer facility or commercial gas customer facility for which the
commissioner has issued an exemption pursuant to subdivision 1a, paragraph (b), (c), or
(e). The commissioner shall consider and may require a utility to undertake a program
suggested by an outside source, including a political subdivision, a nonprofit corporation,
or a community organization.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 15.
Minnesota Statutes 2016, section 216B.241, subdivision 5, is amended to read:
Subd. 5.
Efficient lighting program.
(a) Each public utility, cooperative electric
association, and municipal utility that provides electric service to retail customersnew text begin and is
subject to subdivision 1cnew text end shall include as part of its conservation improvement activities a
program to strongly encourage the use of fluorescent and high-intensity discharge lamps.
The program must include at least a public information campaign to encourage use of the
lamps and proper management of spent lamps by all customer classifications.
(b) A public utility that provides electric service at retail to 200,000 or more customers
shall establish, either directly or through contracts with other persons, including lamp
manufacturers, distributors, wholesalers, and retailers and local government units, a system
to collect for delivery to a reclamation or recycling facility spent fluorescent and
high-intensity discharge lamps from households and from small businesses as defined in
section 645.445 that generate an average of fewer than ten spent lamps per year.
(c) A collection system must include establishing reasonably convenient locations for
collecting spent lamps from households and financial incentives sufficient to encourage
spent lamp generators to take the lamps to the collection locations. Financial incentives may
include coupons for purchase of new fluorescent or high-intensity discharge lamps, a cash
back system, or any other financial incentive or group of incentives designed to collect the
maximum number of spent lamps from households and small businesses that is reasonably
feasible.
(d) A public utility that provides electric service at retail to fewer than 200,000 customers,
a cooperative electric association, or a municipal utility that provides electric service at
retail to customers may establish a collection system under paragraphs (b) and (c) as part
of conservation improvement activities required under this section.
(e) The commissioner of the Pollution Control Agency may not, unless clearly required
by federal law, require a public utility, cooperative electric association, or municipality that
establishes a household fluorescent and high-intensity discharge lamp collection system
under this section to manage the lamps as hazardous waste as long as the lamps are managed
to avoid breakage and are delivered to a recycling or reclamation facility that removes
mercury and other toxic materials contained in the lamps prior to placement of the lamps
in solid waste.
(f) If a public utility, cooperative electric association, or municipal utility contracts with
a local government unit to provide a collection system under this subdivision, the contract
must provide for payment to the local government unit of all the unit's incremental costs of
collecting and managing spent lamps.
(g) All the costs incurred by a public utility, cooperative electric association, or municipal
utility for promotion and collection of fluorescent and high-intensity discharge lamps under
this subdivision are conservation improvement spending under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16.
Minnesota Statutes 2016, section 216B.241, subdivision 5d, is amended to read:
Subd. 5d.
On-bill repayment programs.
(a) For the purposes of this subdivision:
(1) "utility" means a public utility, municipal utility, or cooperative electric associationnew text begin
subject to subdivision 1cnew text end that provides electric or natural gas service to retail customers;
and
(2) "on-bill repayment program" means a program in which a utility collects on a
customer's bill repayment of a loan to the customer by an eligible lender to finance the
customer's investment in eligible energy conservation or renewable energy projects, and
remits loan repayments to the lender.
(b) A utility may include as part of its conservation improvement plan an on-bill
repayment program to enable a customer to finance eligible projects with installment loans
originated by an eligible lender. An eligible project is one that is either an energy conservation
improvement, or a project installed on the customer's site that uses an eligible renewable
energy source as that term is defined in section 216B.2411, subdivision 2, paragraph (b),
but does not include mixed municipal solid waste or refuse-derived fuel from mixed
municipal solid waste. An eligible renewable energy source also includes solar thermal
technology that collects the sun's radiant energy and uses that energy to heat or cool air or
water, and meets the requirements of section 216C.25. To be an eligible lender, a lender
must:
(1) have a federal or state charter and be eligible for federal deposit insurance;
(2) be a government entity, including an entity established under chapter 469, that has
authority to provide financial assistance for energy efficiency and renewable energy projects;
(3) be a joint venture by utilities established under section 452.25; or
(4) be licensed, certified, or otherwise have its lending activities overseen by a state or
federal government agency.
The commissioner must allow a utility broad discretion in designing and implementing an
on-bill repayment program, provided that the program complies with this subdivision.
(c) A utility may establish an on-bill repayment program for all customer classes or for
a specific customer class.
(d) A public utility that implements an on-bill repayment program under this subdivision
must enter into a contract with one or more eligible lenders that complies with the
requirements of this subdivision and contains provisions addressing capital commitments,
loan origination, transfer of loans to the public utility for on-bill repayment, and acceptance
of loans returned due to delinquency or default.
(e) A public utility's contract with a lender must require the lender to comply with all
applicable federal and state laws, rules, and regulations related to lending practices and
consumer protection; to conform to reasonable and prudent lending standards; and to provide
businesses that sell, maintain, and install eligible projects the ability to participate in an
on-bill repayment program under this subdivision on a nondiscriminatory basis.
(f) A public utility's contract with a lender may provide:
(1) for the public utility to purchase loans from the lender with a condition that the lender
must purchase back loans in delinquency or default; or
(2) for the lender to retain ownership of loans with the public utility servicing the loans
through on-bill repayment as long as payments are current.
The risk of default must remain with the lender. The lender shall not have recourse against
the public utility except in the event of negligence or breach of contract by the utility.
(g) If a public utility customer makes a partial payment on a utility bill that includes a
loan installment, the partial payment must be credited first to the amount owed for utility
service, including taxes and fees. A public utility may not suspend or terminate a customer's
utility service for delinquency or default on a loan that is being serviced through the public
utility's on-bill repayment program.
(h) An outstanding balance on a loan being repaid under this subdivision is a financial
obligation only of the customer who is signatory to the loan, and not to any subsequent
customer occupying the property associated with the loan. If the public utility purchases
loans from the lender as authorized under paragraph (f), clause (1), the public utility must
return to the lender a loan not repaid when a customer borrower no longer occupies the
property.
(i) Costs incurred by a public utility under this subdivision are recoverable as provided
in section 216B.16, subdivision 6b, paragraph (c), including reasonable incremental costs
for billing system modifications necessary to implement and operate an on-bill repayment
program and for ongoing costs to operate the program. Costs in a plan approved by the
commissioner may be counted toward a utility's conservation spending requirements under
subdivisions 1a and 1b. Energy savings from energy conservation improvements resulting
from this section may be counted toward satisfying a utility's energy-savings goals under
subdivision 1c.
(j) This subdivision does not require a utility to terminate or modify an existing financing
program and does not prohibit a utility from establishing an on-bill financing program in
which the utility provides the financing capital.
(k) A municipal utility or cooperative electric association that implements an on-bill
repayment program shall design the program to address the issues identified in paragraphs
(d) through (h) as determined by the governing board of the utility or association.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 17.
Minnesota Statutes 2016, section 216B.241, subdivision 7, is amended to read:
Subd. 7.
Low-income programs.
(a) The commissioner shall ensure that each utility
and associationnew text begin subject to subdivision 1cnew text end provides low-income programs. When approving
spending and energy-savings goals for low-income programs, the commissioner shall
consider historic spending and participation levels, energy savings for low-income programs,
and the number of low-income persons residing in the utility's service territory. A municipal
utility that furnishes gas service must spend at least 0.2 percent, and a public utility furnishing
gas service must spend at least 0.4 percent, of its most recent three-year average gross
operating revenue from residential customers in the state on low-income programs. A utility
or association that furnishes electric service must spend at least 0.1 percent of its gross
operating revenue from residential customers in the state on low-income programs. For a
generation and transmission cooperative association, this requirement shall apply to each
association's members' aggregate gross operating revenue from sale of electricity to residential
customers in the state. Beginning in 2010, a utility or association that furnishes electric
service must spend 0.2 percent of its gross operating revenue from residential customers in
the state on low-income programs.
(b) To meet the requirements of paragraph (a), a utility or association may contribute
money to the energy and conservation account. An energy conservation improvement plan
must state the amount, if any, of low-income energy conservation improvement funds the
utility or association will contribute to the energy and conservation account. Contributions
must be remitted to the commissioner by February 1 of each year.
(c) The commissioner shall establish low-income programs to utilize money contributed
to the energy and conservation account under paragraph (b). In establishing low-income
programs, the commissioner shall consult political subdivisions, utilities, and nonprofit and
community organizations, especially organizations engaged in providing energy and
weatherization assistance to low-income persons. Money contributed to the energy and
conservation account under paragraph (b) must provide programs for low-income persons,
including low-income renters, in the service territory of the utility or association providing
the money. The commissioner shall record and report expenditures and energy savings
achieved as a result of low-income programs funded through the energy and conservation
account in the report required under subdivision 1c, paragraph (g). The commissioner may
contract with a political subdivision, nonprofit or community organization, public utility,
municipality, or cooperative electric association to implement low-income programs funded
through the energy and conservation account.
(d) A utility or association may petition the commissioner to modify its required spending
under paragraph (a) if the utility or association and the commissioner have been unable to
expend the amount required under paragraph (a) for three consecutive years.
(e) The costs and benefits associated with any approved low-income gas or electric
conservation improvement program that is not cost-effective when considering the costs
and benefits to the utility may, at the discretion of the utility, be excluded from the calculation
of net economic benefits for purposes of calculating the financial incentive to the utility.
The energy and demand savings may, at the discretion of the utility, be applied toward the
calculation of overall portfolio energy and demand savings for purposes of determining
progress toward annual goals and in the financial incentive mechanism.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Minnesota Statutes 2016, section 216B.2422, subdivision 2, is amended to read:
Subd. 2.
Resource plan filing and approval.
new text begin (a) new text end A utility shall file a resource plan with
the commission periodically in accordance with rules adopted by the commission. The
commission shall approve, reject, or modify the plan of a public utility, as defined in section
216B.02, subdivision 4, consistent with the public interest.
new text begin (b)new text end In the resource plan proceedings of all other utilities, the commission's order shall
be advisory and the order's findings and conclusions shall constitute prima facie evidence
which may be rebutted by substantial evidence in all other proceedings. With respect to
utilities other than those defined in section 216B.02, subdivision 4, the commission shall
consider the filing requirements and decisions in any comparable proceedings in another
jurisdiction.
new text begin (c)new text end As a part of its resource plan filing, a utility shall include the least cost plan for
meeting 50 and 75 percent of all new text begin energy needs from both new text end new and refurbished deleted text begin capacity
needsdeleted text end new text begin generating facilitiesnew text end through a combination of conservation and renewable energy
resources.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
Paragraph (c) applies to resource plans filed with the commission on or after July 1, 2017.
new text end
Sec. 19.
Minnesota Statutes 2016, section 216B.2422, subdivision 4, is amended to read:
Subd. 4.
Preference for renewable energy facility.
The commission shall not approve
a new or refurbished nonrenewable energy facility in an integrated resource plan or a
certificate of need, pursuant to section 216B.243, nor shall the commission allow rate
recovery pursuant to section 216B.16 for such a nonrenewable energy facility, unless the
utility has demonstrated that a renewable energy facility is not in the public interest. new text begin When
making new text end the public interest determinationnew text begin , the commissionnew text end must deleted text begin includedeleted text end new text begin consider:
new text end
new text begin (1)new text end whether the resource plan helps the utility achieve the greenhouse gas reduction
goals under section 216H.02, the renewable energy standard under section 216B.1691, or
the solar energy standard under section 216B.1691, subdivision 2fdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) impacts on local and regional grid reliability;
new text end
new text begin
(3) utility and ratepayer impacts resulting from the intermittent nature of renewable
energy facilities, including but not limited to the costs of purchasing wholesale electricity
in the market and the costs of providing ancillary services; and
new text end
new text begin
(4) utility and ratepayer impacts resulting from reduced exposure to fuel price volatility,
changes in transmission costs, portfolio diversification, and environmental compliance
costs.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2017.
new text end
Sec. 20.
Minnesota Statutes 2016, section 216B.2424, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin Adjustment of biomass fuel requirement. new text end
new text begin
(a) Notwithstanding any provision
in this section, the public utility subject to this section may, with respect to a facility approved
under this section, file a petition with the commission for approval of:
new text end
new text begin
(1) a new or amended power purchase agreement;
new text end
new text begin
(2) the early termination of a power purchase agreement; or
new text end
new text begin
(3) the purchase and closure of the facility.
new text end
new text begin
(b) The commission may approve a new or amended power purchase agreement under
this subdivision, notwithstanding the fuel requirements of this section, if the commission
determines that:
new text end
new text begin
(1) all parties to the original power purchase agreement, or their successors or assigns,
as applicable, agree to the terms and conditions of the new or amended power purchase
agreement; and
new text end
new text begin
(2) the new or amended power purchase agreement is in the best interest of the customers
of the public utility subject to this section, taking into consideration any savings realized
by customers in the new or amended power purchase agreement and any costs imposed on
customers under paragraph (e). A new or amended power purchase agreement approved
under this paragraph may be for any term agreed to by the parties and may govern the
purchase of any amount of energy.
new text end
new text begin
(c) The commission may approve the early termination of a power purchase agreement
or the purchase and closure of a facility under this subdivision if it determines that:
new text end
new text begin
(1) all parties to the power purchase agreement, or their successors or assigns, as
applicable, agree to the early termination of the power purchase agreement or the purchase
and closure of the facility; and
new text end
new text begin
(2) the early termination of the power purchase agreement or the purchase and closure
of the facility is in the best interest of the customers of the public utility subject to this
section, taking into consideration any savings realized by customers as a result of the early
termination of the power purchase agreement or the purchase and closure of the facility and
any costs imposed on the customers under paragraph (e).
new text end
new text begin
(d) The commission's approval of a new or amended power purchase agreement under
paragraph (b) or of the termination of a power purchase agreement or the purchase and
closure of a facility under paragraph (c), shall not require the public utility subject to this
section to purchase replacement amounts of biomass energy to fulfill the requirements of
this section.
new text end
new text begin
(e) A utility may petition the commission to approve a rate schedule that provides for
the automatic adjustment of charges to recover investments, expenses and costs, and earnings
on the investments associated with a new or amended power purchase agreement, the early
termination of a power purchase agreement, or the purchase and closure of a facility. The
commission may approve the rate schedule upon a showing that the recovery of investments,
expenses and costs, and earnings on the investments is less than the costs that would have
been recovered from customers had the utility continued to purchase energy under the power
purchase agreement in effect before any option available under this section is approved by
the commission. If approved by the commission, cost recovery under this paragraph may
include all cost recovery allowed for renewable facilities under section 216B.1645,
subdivisions 2 and 2a.
new text end
new text begin
(f) This subdivision does not apply to a St. Paul district heating and cooling system
cogeneration facility, and nothing in this subdivision precludes a public utility that operates
a nuclear-power electric generating plant from filing a petition with the commission for
approval of a new or amended power purchase agreement with such a facility.
new text end
new text begin
(g) For the purposes of this subdivision, "facility" means a biomass facility previously
approved by the commission to satisfy a portion of the biomass mandate in this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
Minnesota Statutes 2016, section 216C.05, subdivision 2, is amended to read:
Subd. 2.
Energy policy goals.
It is the energy policy of the state of Minnesota that:
(1) annual energy savings equal to at least 1.5 percent of annual retail energy sales of
electricity and natural gas be achieved through cost-effective energy efficiency;
(2) the per capita use of fossil fuel as an energy input be reduced by 15 percent by the
year 2015, through increased reliance on energy efficiency and renewable energy alternatives;
deleted text begin and
deleted text end
(3) 25 percent of the total energy used in the state be derived from renewable energy
resources by the year 2025deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) retail electricity rates for each customer class be at least five percent below the
national average.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22.
new text begin
[216C.417] PROGRAM ADMINISTRATION; "MADE IN MINNESOTA"
SOLAR ENERGY PRODUCTION INCENTIVES.
new text end
new text begin Subdivision 1. new text end
new text begin General provisions. new text end
new text begin
Payment of a "Made in Minnesota" solar energy
production incentive to an owner whose application was approved by the commissioner of
commerce under section 216C.415, by May 1, 2017, must be administered under the
provisions of Minnesota Statutes 2016, sections 216C.411; 216C.413; 216C.414, subdivisions
1 to 3 and 5; and 216C.415. No incentive payments may be made under this section to an
owner whose application was approved by the commissioner after May 1, 2017.
new text end
new text begin Subd. 2. new text end
new text begin Appropriation. new text end
new text begin
(a) Unspent money remaining in the account established under
Minnesota Statutes 2016, section 216C.412, on July 1, 2017, must be transferred to the
renewable development account in the special revenue fund established under Minnesota
Statutes, section 116C.779, subdivision 1.
new text end
new text begin
(b) There is annually appropriated from the renewable development account in the special
revenue fund established in Minnesota Statutes, section 116C.779, to the commissioner of
commerce money sufficient to make the incentive payments required under Minnesota
Statutes 2016, section 216C.415. Any funds appropriated under this paragraph that are
unexpended at the end of a fiscal year cancel to the renewable development account.
new text end
new text begin
(c) Notwithstanding Minnesota Statutes 2016, section 216C.412, subdivision 1, none of
this appropriation may be used for administrative costs.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility window; payment duration. new text end
new text begin
(a) Payments may be made under this
subdivision only for solar photovoltaic module installations that meet the requirements of
subdivision 1 and that first begin generating electricity between January 1, 2014, and October
31, 2018.
new text end
new text begin
(b) The payment eligibility window of the incentive begins and runs consecutively from
the date the solar photovoltaic modules first begins generating electricity.
new text end
new text begin
(c) An owner of solar photovoltaic modules may receive payments under this section
for a particular module for a period of ten years, provided that sufficient funds are available
in the account.
new text end
new text begin
(d) No payment may be made under this section for electricity generated after October
31, 2028.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 23.
Minnesota Statutes 2016, section 216C.435, is amended by adding a subdivision
to read:
new text begin Subd. 7a. new text end
new text begin Multifamily residential dwelling. new text end
new text begin
"Multifamily residential dwelling" means
a residential dwelling containing five or more units intended for use as a residence by tenants
or lessees of the owner.
new text end
Sec. 24.
Minnesota Statutes 2016, section 216H.03, subdivision 3, is amended to read:
Subd. 3.
Long-term increased emissions from power plants prohibited.
Unless
preempted by federal law, until a comprehensive and enforceable state law or rule pertaining
to greenhouse gases that directly limits and substantially reduces, over time, statewide power
sector carbon dioxide emissions is enacted and in effect, and except as allowed in
subdivisions 4 to 7, on and after August 1, 2009, no person shalldeleted text begin :
deleted text end
deleted text begin (1)deleted text end construct within the state a new large energy facility that would contribute to statewide
power sector carbon dioxide emissionsdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(2) import or commit to import from outside the state power from a new large energy
facility that would contribute to statewide power sector carbon dioxide emissions; or
deleted text end
deleted text begin
(3) enter into a new long-term power purchase agreement that would increase statewide
power sector carbon dioxide emissions. For purposes of this section, a long-term power
purchase agreement means an agreement to purchase 50 megawatts of capacity or more for
a term exceeding five years.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 25.
Minnesota Statutes 2016, section 216H.03, subdivision 4, is amended to read:
Subd. 4.
Exception for facilities that offset emissions.
(a) The deleted text begin prohibitions indeleted text end new text begin prohibition
undernew text end subdivision 3 deleted text begin dodeleted text end new text begin doesnew text end not apply if the project proponent demonstrates to the Public
Utilities Commission's satisfaction that it will offset the new contribution to statewide power
sector carbon dioxide emissions with a carbon dioxide reduction project identified in
paragraph (b) and in compliance with paragraph (c).
(b) A project proponent may offset in an amount equal to or greater than the proposed
new contribution to statewide power sector carbon dioxide emissions in either, or a
combination of both, of the following ways:
(1) by reducing an existing facility's contribution to statewide power sector carbon
dioxide emissions; or
(2) by purchasing carbon dioxide allowances from a state or group of states that has a
carbon dioxide cap and trade system in place that produces verifiable emissions reductions.
(c) The Public Utilities Commission shall not find that a proposed carbon dioxide
reduction project identified in paragraph (b) acceptably offsets a new contribution to statewide
power sector carbon dioxide emissions unless the proposed offsets are permanent,
quantifiable, verifiable, enforceable, and would not have otherwise occurred. This section
does not exempt emissions that have been offset under this subdivision and emissions
exempted under subdivisions 5 to 7 from a cap and trade system if adopted by the state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 26.
Minnesota Statutes 2016, section 216H.03, subdivision 7, is amended to read:
Subd. 7.
Other exemptions.
The deleted text begin prohibitions indeleted text end new text begin prohibition undernew text end subdivision 3 deleted text begin dodeleted text end new text begin doesnew text end
not apply to:
(1) a new large energy facility under consideration by the Public Utilities Commission
pursuant to proposals or applications filed with the Public Utilities Commission before April
1, 2007, or to any power purchase agreement related to a facility described in this clause.
The exclusion of pending proposals and applications from the prohibitions in subdivision
3 does not limit the applicability of any other law and is not an expression of legislative
intent regarding whether any pending proposal or application should be approved or denied;
(2) a contract not subject to commission approval that was entered into prior to April 1,
2007, to purchase power from a new large energy facility that was approved by a comparable
authority in another state prior to that date, for which municipal or public power district
bonds have been issued, and on which construction has begun;
(3) a new large energy facility deleted text begin or a power purchase agreement between a Minnesota
utility and a new large energy facilitydeleted text end located deleted text begin outsidedeleted text end new text begin withinnew text end Minnesota that the Public
Utilities Commission has determined is essential to ensure the long-term reliability of
Minnesota's electric system, to allow electric service for increased industrial demand, or to
avoid placing a substantial financial burden on Minnesota ratepayers. An order of the
commission granting an exemption under this clause is stayed until the June 1 following
the next regular or annual session of the legislature that begins after the date of the
commission's final order; or
(4) a new large energy facility with a combined electric generating capacity of less than
100 megawatts, which did not require a Minnesota certificate of need, which received an
air pollution control permit to construct from an adjoining state before January 1, 2008, and
on which construction began before July 1, 2008, or to any power purchase agreement
related to a facility described in this clause.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 27. new text begin RESIDENTIAL PACE CONSUMER PROTECTION LEGISLATION TASK
FORCE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The Residential PACE Consumer Protection Legislation
Task Force shall develop recommendations for consumer protection legislation for any
energy improvements financing program implemented under Minnesota Statutes, sections
216C.435 to 216C.436, for single-family residential dwellings. For purposes of this section,
"residential PACE" or "PACE" means energy improvement financing programs for
single-family residential dwellings authorized under Minnesota Statutes, sections 216C.435
to 216C.436.
new text end
new text begin Subd. 2. new text end
new text begin Task force. new text end
new text begin
(a) The task force consists of 16 members as follows:
new text end
new text begin
(1) one member appointed by the Minnesota Association of Realtors;
new text end
new text begin
(2) one member appointed by the Center for Energy and Environment;
new text end
new text begin
(3) one member appointed by the Minnesota Bankers Association;
new text end
new text begin
(4) one member appointed by the Legal Services Advocacy Project;
new text end
new text begin
(5) one member appointed by the Minnesota Credit Union Network;
new text end
new text begin
(6) one member appointed by the Minnesota Solar Energy Industry Association;
new text end
new text begin
(7) one member appointed by the St. Paul Port Authority;
new text end
new text begin
(8) one member appointed by the League of Minnesota Cities;
new text end
new text begin
(9) one member appointed by the Association of Minnesota Counties;
new text end
new text begin
(10) one member appointed by AARP Minnesota;
new text end
new text begin
(11) one member appointed by Fresh Energy;
new text end
new text begin
(12) one member appointed by the Citizens Utility Board of Minnesota;
new text end
new text begin
(13) one member appointed by Clean Energy Economy Minnesota;
new text end
new text begin
(14) one member appointed by the Minnesota Land Title Association;
new text end
new text begin
(15) one member appointed by an organization with experience implementing residential
PACE programs in other states; and
new text end
new text begin
(16) the commissioner of commerce or a designee.
new text end
new text begin
(b) Any public member can designate a substitute from the same organization to replace
that member at a meeting of the task force.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
The task force must develop recommendations to:
new text end
new text begin
(1) address concerns regarding the possible constraints on free alienation of residential
property caused by existence and amount of the PACE liens;
new text end
new text begin
(2) reduce and minimize any point-of-sale confusion in transactions involving
PACE-encumbered homes;
new text end
new text begin
(3) ensure conspicuous and meaningful disclosure of, among other things:
new text end
new text begin
(i) all costs and fees of a residential PACE loan; and
new text end
new text begin
(ii) the risks, such as foreclosure and higher costs, that may be associated with residential
PACE loans relative to other financing mechanisms;
new text end
new text begin
(4) ensure that the ability to repay standard uses commonly accepted underwriting
principles;
new text end
new text begin
(5) ensure that consumer provisions required of and protections that apply to conventional
loans and other financing options, including but not limited to the Truth in Lending Act and
the Real Estate Settlement Procedures Act, are required of and apply to PACE financing;
new text end
new text begin
(6) address any unique protections necessary for elderly, low-income homeowners and
other financially vulnerable homeowners;
new text end
new text begin
(7) establish criteria to ensure the cost-effectiveness of PACE-enabled clean energy
improvements; and
new text end
new text begin
(8) address any other issues the task force identifies that are necessary to protect
consumers.
new text end
new text begin Subd. 4. new text end
new text begin Administrative support. new text end
new text begin
The commissioner of commerce shall provide
administrative support and meeting space for the task force.
new text end
new text begin Subd. 5. new text end
new text begin Compensation. new text end
new text begin
Members serve without compensation and shall not be
reimbursed for expenses.
new text end
new text begin Subd. 6. new text end
new text begin Chair. new text end
new text begin
The commissioner of commerce or the commissioner's designee shall
serve as chair.
new text end
new text begin Subd. 7. new text end
new text begin Meetings. new text end
new text begin
The task force shall meet regularly, at the call of the chair. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end
new text begin Subd. 8. new text end
new text begin Appointments; first meeting. new text end
new text begin
Appointments must be made by June 1, 2017.
The commissioner of commerce must convene the first meeting by July 15, 2017.
new text end
new text begin Subd. 9. new text end
new text begin Report to legislature. new text end
new text begin
By January 15, 2018, the commissioner shall submit a
report detailing the task force's findings and recommendations to the chairs and ranking
minority members of the senate and house of representatives committees with jurisdiction
over energy and consumer protection policy and finance. The report must include any draft
legislation necessary to implement the recommendations of the task force.
new text end
new text begin Subd. 10. new text end
new text begin Suspension of residential PACE. new text end
new text begin
Until legislation is enacted establishing
consumer protections that address, but are not limited to, the concerns identified in
subdivision 3, no programs for the financing of energy improvements on a single-family
residential property dwelling under Minnesota Statutes, sections 216C.435 to 216C.436,
may be operated after the effective date of this section.
new text end
new text begin Subd. 11. new text end
new text begin Expiration. new text end
new text begin
The task force expires January 15, 2018, or after submitting the
report required in this section, whichever is earlier.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 28. new text begin PROGRAM ADMINISTRATION; "MADE IN MINNESOTA" SOLAR
THERMAL REBATES.
new text end
new text begin
(a) No rebate may be paid under Minnesota Statutes 2016, section 216C.416, to an owner
of a solar thermal system whose application was approved by the commissioner of commerce
after the effective date of this act.
new text end
new text begin
(b) Unspent money remaining in the account established under Minnesota Statutes 2014,
section 216C.416, as of July 2, 2017, must be transferred to the C-LEAF account established
under Minnesota Statutes 2016, section 116C.779, subdivision 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 29. new text begin RENEWABLE DEVELOPMENT ACCOUNT; TRANSFER OF
UNEXPENDED GRANT FUNDS.
new text end
new text begin
(a) No later than 30 days after the effective date of this section, the utility subject to
Minnesota Statutes, section 116C.779, subdivision 1, must notify in writing each person
who received a grant funded from the renewable development account previously established
under that subdivision:
new text end
new text begin
(1) after January 1, 2012; and
new text end
new text begin
(2) before January 1, 2012, if the funded project remains incomplete as of the effective
date of this section.
new text end
new text begin
The notice must contain the provisions of this section and instructions directing grant
recipients how unexpended funds can be transferred to the clean energy advancement fund
account.
new text end
new text begin
(b) A recipient of a grant from the renewable development account previously established
under Minnesota Statutes, section 116C.779, subdivision 1, must, no later than 30 days after
receiving the notice required under paragraph (a), transfer any grant funds that remain
unexpended as of the effective date of this section to the clean energy advancement fund
account if, by that effective date, all of the following conditions are met:
new text end
new text begin
(1) the grant was awarded more than five years before the effective date of this section;
new text end
new text begin
(2) the grant recipient has failed to obtain control of the site on which the project is to
be constructed;
new text end
new text begin
(3) the grant recipient has failed to secure all necessary permits or approvals from any
unit of government with respect to the project; and
new text end
new text begin
(4) construction of the project has not begun.
new text end
new text begin
(c) A recipient of a grant from the renewable development account previously established
under Minnesota Statutes, section 116C.779, subdivision 1, must transfer any grant funds
that remain unexpended five years after the grant funds are received by the grant recipient
if, by that date, the conditions in paragraph (b), clauses (2) to (4), have been met. The grant
recipient must transfer the unexpended funds no later than 30 days after the fifth anniversary
of the receipt of the grant funds.
new text end
new text begin
(d) A person who transfers funds to the clean energy advancement fund account under
this section is eligible to apply for funding from the clean energy advancement fund account.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 30. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Laws 2013, chapter 85, article 6, section 11,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2016, sections 216B.8109; 216B.811; 216B.812; 216B.813; and
216B.815,
new text end
new text begin
are repealed.
new text end
new text begin
(c)
new text end
new text begin
Minnesota Statutes 2016, sections 3.8852; and 116C.779, subdivision 3,
new text end
new text begin
are repealed.
new text end
new text begin
(d)
new text end
new text begin
Minnesota Statutes 2016, sections 174.187; 216C.411; 216C.412; 216C.413;
216C.414; 216C.415; and 216C.416,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 11
HOUSING POLICY
Section 1.
Minnesota Statutes 2016, section 327C.01, is amended by adding a subdivision
to read:
new text begin Subd. 13. new text end
new text begin Class I manufactured home park. new text end
new text begin
A "class I manufactured home park"
means a park that complies with the provisions of section 327C.16.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
new text begin
[327C.16] CLASS I MANUFACTURED HOME PARK.
new text end
new text begin Subdivision 1. new text end
new text begin Qualifications. new text end
new text begin
(a) To qualify as a class I manufactured home park, as
defined in section 327C.01, subdivision 13, a park owner, or on-site attendant as an employee
of the manufactured home park, must satisfy 12 hours of qualifying education courses every
three years, as prescribed in this subdivision. Park owners or on-site attendants may begin
accumulating qualifying hours to qualify as a class I manufactured home park beginning in
2017.
new text end
new text begin
(b) The qualifying education courses required for classification under this subdivision
must be continuing education courses approved by the Department of Labor and Industry
or the Department of Commerce for:
new text end
new text begin
(1) continuing education in real estate; or
new text end
new text begin
(2) continuing education for residential contractors and manufactured home installers.
new text end
new text begin
(c) The qualifying education courses must include:
new text end
new text begin
(1) two hours on fair housing, approved for real estate licensure or residential contractor
licensure;
new text end
new text begin
(2) one hour on the Americans with Disabilities Act, approved for real estate licensure
or residential contractor licensure;
new text end
new text begin
(3) four hours on legal compliance related to any of the following: landlord/tenant,
licensing requirements, or home financing under chapters 58, 327, 327B, 327C, and 504B,
and Minnesota Rules, chapter 1350 or 4630;
new text end
new text begin
(4) three hours of general education approved for real estate, residential contractors, or
manufactured home installers; and
new text end
new text begin
(5) two hours of HUD-specific manufactured home installer courses as required under
section 327B.041.
new text end
new text begin
(d) If the qualifying owner or employee attendant is no longer the person meeting the
requirements under this subdivision, but did qualify during the current assessment year,
then the manufactured home park shall still qualify for the class rate provided for class 4c
property classified under section 273.13, subdivision 25, paragraph (d), clause (5), item
(iii).
new text end
new text begin Subd. 2. new text end
new text begin Proof of compliance. new text end
new text begin
(a) A park owner that has met the requirements of
subdivision 1 shall provide an affidavit to the park owner's county assessor certifying that
the park owner, corporate officer, or on-site attendant has complied with subdivision 1 and
that the park meets the definition of a class I manufactured home park as defined in this
section, and is entitled to the property tax classification rate for class I manufactured home
parks in section 273.13, subdivision 25. The park owner shall retain the original course
completion certificates issued by the course sponsor under this section for three years and,
upon written request for verification, provide these to the county assessor within 30 days.
new text end
new text begin
(b) A park owner must provide the county assessor written notice of any change in
compliance status of the manufactured home park no later than December 15 of the
assessment year.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2016, section 462.355, subdivision 4, is amended to read:
Subd. 4.
Interim ordinance.
(a) If a municipality is conducting studies or has authorized
a study to be conducted or has held or has scheduled a hearing for the purpose of considering
adoption or amendment of a comprehensive plan or official controls as defined in section
462.352, subdivision 15, or if new territory for which plans or controls have not been adopted
is annexed to a municipality, the governing body of the municipality may adopt an interim
ordinance applicable to all or part of its jurisdiction for the purpose of protecting the planning
process and the health, safety and welfare of its citizens. The interim ordinance may regulate,
restrict, or prohibit any use, development, or subdivision within the jurisdiction or a portion
thereof for a period not to exceed one year from the date it is effective.
(b) If a proposed interim ordinance purports to regulate, restrict, or prohibit activities
relating to livestock production, a public hearing must be held following a ten-day notice
given by publication in a newspaper of general circulation in the municipality before the
interim ordinance takes effect.
new text begin
(c)(1) A statutory or home rule charter city may adopt an interim ordinance that regulates,
restricts, or prohibits a housing proposal only if the ordinance is approved by majority vote
of all members of the city council.
new text end
new text begin
(2) Before adopting the interim ordinance, the city council must hold a public hearing
after providing written notice to any person who has submitted a housing proposal, has a
pending housing proposal, or has provided a written request to be notified of interim
ordinances related to housing proposals. The written notice must be provided at least three
business days before the public hearing. Notice also must be posted on the city's official
Web site, if the city has an official Web site.
new text end
new text begin
(3) The date of the public hearing shall be the earlier of the next regularly scheduled
city council meeting after the notice period or within ten days of the notice.
new text end
new text begin
(4) The activities proposed to be restricted by the proposed interim ordinance may not
be undertaken before the public hearing.
new text end
new text begin
(5) For the purposes of this paragraph, "housing proposal" means a written request for
city approval of a project intended primarily to provide residential dwellings, either single
family or multi-family, and involves the subdivision or development of land or the
demolition, construction, reconstruction, alteration, repair, or occupancy of residential
dwellings.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end The period of an interim ordinance applicable to an area that is affected by a city's
master plan for a municipal airport may be extended for such additional periods as the
municipality may deem appropriate, not exceeding a total additional period of 18 months.
In all other cases, no interim ordinance may halt, delay, or impede a subdivision that has
been given preliminary approval, nor may any interim ordinance extend the time deadline
for agency action set forth in section 15.99 with respect to any application filed prior to the
effective date of the interim ordinance. The governing body of the municipality may extend
the interim ordinance after a public hearing and written findings have been adopted based
upon one or more of the conditions in clause (1), (2), or (3). The public hearing must be
held at least 15 days but not more than 30 days before the expiration of the interim ordinance,
and notice of the hearing must be published at least ten days before the hearing. The interim
ordinance may be extended for the following conditions and durations, but, except as
provided in clause (3), an interim ordinance may not be extended more than an additional
18 months:
(1) up to an additional 120 days following the receipt of the final approval or review by
a federal, state, or metropolitan agency when the approval is required by law and the review
or approval has not been completed and received by the municipality at least 30 days before
the expiration of the interim ordinance;
(2) up to an additional 120 days following the completion of any other process required
by a state statute, federal law, or court order, when the process is not completed at least 30
days before the expiration of the interim ordinance; or
(3) up to an additional one year if the municipality has not adopted a comprehensive
plan under this section at the time the interim ordinance is enacted.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for interim ordinances proposed on or
after August 1, 2017.
new text end
Sec. 4.
Minnesota Statutes 2016, section 462A.201, subdivision 2, is amended to read:
Subd. 2.
Low-income housing.
(a) The agency may use money from the housing trust
fund account to provide loans or grants for:
(1) projects for the development, construction, acquisition, preservation, and rehabilitation
of low-income rental and limited equity cooperative housing units, including temporary
and transitional housing;
(2) the costs of operating rental housing, as determined by the agency, that are unique
to the operation of low-income rental housing or supportive housing; deleted text begin and
deleted text end
(3) rental assistance, either project-based or tenant-basednew text begin ; and
new text end
new text begin (4) projects to secure stable housing for families with children eligible for enrollment
in a prekindergarten through grade 12 academic programnew text end .
For purposes of this section, "transitional housing" has the meaning given by the United
States Department of Housing and Urban Development. Loans or grants for residential
housing for migrant farmworkers may be made under this section.
(b) The housing trust fund account must be used for the benefit of persons and families
whose income, at the time of initial occupancy, does not exceed 60 percent of median income
as determined by the United States Department of Housing and Urban Development for the
metropolitan area. At least 75 percent of the funds in the housing trust fund account must
be used for the benefit of persons and families whose income, at the time of initial occupancy,
does not exceed 30 percent of the median family income for the metropolitan area as defined
in section 473.121, subdivision 2. For purposes of this section, a household with a housing
assistance voucher under Section 8 of the United States Housing Act of 1937, as amended,
is deemed to meet the income requirements of this section.
The median family income may be adjusted for families of five or more.
(c) Rental assistance under this section must be provided by governmental units which
administer housing assistance supplements or by for-profit or nonprofit organizations
experienced in housing management. Rental assistance shall be limited to households whose
income at the time of initial receipt of rental assistance does not exceed 60 percent of median
income, as determined by the United States Department of Housing and Urban Development
for the metropolitan area. Priority among comparable applications for tenant-based rental
assistance will be given to proposals that will serve households whose income at the time
of initial application for rental assistance does not exceed 30 percent of median income, as
determined by the United States Department of Housing and Urban Development for the
metropolitan area. Rental assistance must be terminated when it is determined that 30 percent
of a household's monthly income for four consecutive months equals or exceeds the market
rent for the unit in which the household resides plus utilities for which the tenant is
responsible. Rental assistance may only be used for rental housing units that meet the housing
maintenance code of the local unit of government in which the unit is located, if such a code
has been adopted, or the housing quality standards adopted by the United States Department
of Housing and Urban Development, if no local housing maintenance code has been adopted.
(d) In making the loans or grants, the agency shall determine the terms and conditions
of repayment and the appropriate security, if any, should repayment be required. To promote
the geographic distribution of grants and loans, the agency may designate a portion of the
grant or loan awards to be set aside for projects located in specified congressional districts
or other geographical regions specified by the agency. The agency may adopt rules for
awarding grants and loans under this subdivision.
Sec. 5.
Minnesota Statutes 2016, section 462A.2035, is amended to read:
462A.2035 MANUFACTURED HOME PARK REDEVELOPMENT PROGRAM.
Subdivision 1.
Establishment.
The agency shall establish a manufactured home park
redevelopment program for the purpose of making manufactured home park redevelopment
grants or loans to cities, counties, deleted text begin ordeleted text end community action programsnew text begin , nonprofit organizations,
and cooperatives created under chapter 308A or 308Bnew text end .
new text begin Subd. 1a. new text end
new text begin Individual assistance grants. new text end
deleted text begin Cities, counties, and community action programsdeleted text end new text begin
Eligible recipientsnew text end may use new text begin individual assistance new text end grants and loans under this program to:
(1) provide current residents of manufactured home parks with buy-out assistance not
to exceed $4,000 per home with preference given to older manufactured homes;new text begin and
new text end
(2) provide down-payment assistance for the purchase of new and preowned manufactured
homes that comply with the current version of the State Building Code in effect at the time
of the sale, not to exceed $10,000 per homedeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(3) make improvements in manufactured home parks as requested by the grant recipient.
deleted text end
new text begin Subd. 1b. new text end
new text begin Park infrastructure grants. new text end
new text begin
Eligible recipients may use park infrastructure
grants under this program for:
new text end
new text begin
(1) improvements in manufactured home parks; and
new text end
new text begin
(2) infrastructure, including storm shelters and community facilities.
new text end
Subd. 2.
Eligibility requirements.
new text begin For individual assistance grants under subdivision
1a, new text end households assisted deleted text begin under this sectiondeleted text end must have an annual household income at or
below 80 percent of the area median household income. Cities, counties, or community
action programs receiving funds under the program must give preference to households at
or below 50 percent of the area median household income. Participation in the program is
voluntary and no park resident shall be required to participate.
new text begin Subd. 3. new text end
new text begin Statewide program. new text end
The agency shall attempt to make grants and loans in
approximately equal amounts to applicants outside and within the metropolitan area. new text begin Grants
and loans under this section shall be provided in a manner consistent with the agency's
policies and purposes in section 462A.02.
new text end
new text begin Subd. 4. new text end
new text begin Infrastructure repair and replacement fund. new text end
new text begin
Each recipient receiving a grant
under subdivision 1b shall provide from year to year, on a cumulative basis, for adequate
reserve funds to cover the repair and replacement of the private infrastructure systems
serving the community.
new text end
Sec. 6.
Minnesota Statutes 2016, section 462A.204, subdivision 8, is amended to read:
Subd. 8.
School stability.
(a) The agency in consultation with the Interagency deleted text begin Task
Forcedeleted text end new text begin Councilnew text end on Homelessness may establish a school stability project under the family
homeless prevention and assistance program. The purpose of the project is to secure stable
housing for families with school-age children who have moved frequently and for
unaccompanied youth. For purposes of this subdivision, "unaccompanied youth" are minors
who are leaving foster care or juvenile correctional facilities, or minors who meet the
definition of a child in need of services or protection under section 260C.007, subdivision
6, but for whom no court finding has been made pursuant to that statute.
(b) The agency shall make grants to family homeless prevention and assistance projects
in communities with a school or schools that have a significant degree of student mobility.
(c) Each project must be designed to reduce school absenteeism; stabilize children in
one home setting or, at a minimum, in one school setting; and reduce shelter usage. Each
project must include plans for the following:
(1) targeting of families with children deleted text begin under age 12 who, in the last 12 months have
either: changed schools or homes at least once or been absent from school at least 15 percent
of the school year and who have either been evicted from their housing;deleted text end new text begin who are eligible
for a prekindergarten through grade 12 academic program andnew text end are living in overcrowded
conditions in their current housing; deleted text begin ordeleted text end are paying more than 50 percent of their income for
rent;new text begin or who lack a fixed, regular, and adequate nighttime residence;
new text end
(2) targeting of unaccompanied youth in need of an alternative residential setting;
(3) connecting families with the social services necessary to maintain the families'
stability in their homenew text begin , including but not limited to housing navigation, legal representation,
and family outreachnew text end ; and
(4) one or more of the following:
(i) provision of rental assistance for a specified period of time, which may exceed 24
months; or
(ii) deleted text begin development of permanent supportive housing or transitional housingdeleted text end new text begin provision of
support and case management services to improve housing stability, including but not limited
to housing navigation and family outreachnew text end .
(d) deleted text begin Notwithstanding subdivision 2, grants under this section may be used to acquire,
rehabilitate, or construct transitional or permanent housingdeleted text end new text begin In selecting projects for funding
under this subdivision, preference shall be given to organizations granted funding under
section 462A.201, subdivision 2, paragraph (a), clause (4)new text end .
(e) deleted text begin Each grantee under the project must include representatives of the local school district
or targeted schools, or both, and of the local community correction agencies on its advisory
committeedeleted text end new text begin No grantee under this subdivision is required to have an advisory committee as
described in subdivision 6new text end .
Sec. 7.
new text begin
[462A.39] WORKFORCE HOUSING DEVELOPMENT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner of Minnesota housing finance shall
establish a workforce housing development program to award grants or deferred loans to
eligible project areas to be used for qualified expenditures. Grants or deferred loans
authorized under this section may be made without limitations relating to the maximum
incomes of the renters.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Eligible project area" means a home rule charter or statutory city located outside
of the metropolitan area as defined in section 473.121, subdivision 2, with a population
exceeding 500; a community that has a combined population of 1,500 residents located
within 15 miles of a home rule charter or statutory city located outside the metropolitan
area as defined in section 473.121, subdivision 2; or an area served by a joint county-city
economic development authority.
new text end
new text begin
(c) "Joint county-city economic development authority" means an economic development
authority formed under Laws 1988, chapter 516, section 1, as a joint partnership between
a city and county and excluding those established by the county only.
new text end
new text begin
(d) "Market rate residential rental properties" means properties that are rented at market
value, including new modular homes, new manufactured homes, and new manufactured
homes on leased land or in a manufactured home park, and may include rental developments
that have a portion of income-restricted units.
new text end
new text begin
(e) "Qualified expenditure" means expenditures for market rate residential rental
properties including acquisition of property; construction of improvements; and provisions
of loans or subsidies, grants, interest rate subsidies, public infrastructure, and related financing
costs.
new text end
new text begin Subd. 3. new text end
new text begin Application. new text end
new text begin
The commissioner shall develop forms and procedures for soliciting
and reviewing application for grants or deferred loans under this section. At a minimum, a
city must include in its application a resolution of its governing body certifying that the
matching amount as required under this section is available and committed.
new text end
new text begin Subd. 4. new text end
new text begin Program requirements. new text end
new text begin
(a) The commissioner must not award a grant or
deferred loans to an eligible project area under this section until the following determinations
are made:
new text end
new text begin
(1) the average vacancy rate for rental housing located in the eligible project area, and
in any other city located within 15 miles or less of the boundaries of the area, has been five
percent or less for at least the prior two-year period;
new text end
new text begin
(2) one or more businesses located in the eligible project area, or within 25 miles of the
area, that employs a minimum of 20 full-time equivalent employees in aggregate have
provided a written statement to the eligible project area indicating that the lack of available
rental housing has impeded their ability to recruit and hire employees; and
new text end
new text begin
(3) the eligible project area has certified that the grants or deferred loans will be used
for qualified expenditures for the development of rental housing to serve employees of
businesses located in the eligible project area or surrounding area.
new text end
new text begin
(b) Preference for grants or deferred loans awarded under this section shall be given to
eligible project areas with less than 30,000 people.
new text end
new text begin
(c) Among comparable proposals, preference must be given to projects with a higher
proportion of units that are not income-restricted.
new text end
new text begin Subd. 5. new text end
new text begin Allocation. new text end
new text begin
The amount of a grant or deferred loans may not exceed 25 percent
of the rental housing development project cost. The commissioner shall not award a grant
or deferred loans to a city without certification by the city that the amount of the grant or
deferred loans shall be matched by a local unit of government, business, or nonprofit
organization with $1 for every $2 provided in grant or deferred loans funds.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
Beginning January 15, 2018, the commissioner must annually submit
a report to the chairs and ranking minority members of the senate and house of representatives
committees having jurisdiction over taxes and workforce development specifying the projects
that received grants or deferred loans under this section and the specific purposes for which
the grant funds were used.
new text end
Sec. 8.
new text begin
[462C.16] HOUSING TRUST FUNDS FOR LOCAL HOUSING
DEVELOPMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given to them.
new text end
new text begin
(b) "Commissioner" means the commissioner of the Minnesota Housing Finance Agency.
new text end
new text begin
(c) "Fund" means a local housing trust fund or a regional housing trust fund.
new text end
new text begin
(d) "Local government" means any statutory or home rule charter city or a county.
new text end
new text begin
(e) "Local housing trust fund" means a fund established by a local government with one
or more dedicated sources of public revenue for housing.
new text end
new text begin
(f) "Regional housing trust fund" means a fund established and administered under a
joint powers agreement entered into by two or more local governments with one or more
dedicated sources of public revenue for housing.
new text end
new text begin Subd. 2. new text end
new text begin Creation and administration. new text end
new text begin
(a) A local government may establish a local
housing trust fund by ordinance or participate in a joint powers agreement to establish a
regional housing trust fund.
new text end
new text begin
(b) A local or regional housing trust fund may be, but is not required to be, administered
through a nonprofit organization. If administered through a nonprofit organization, that
organization shall encourage private charitable donations to the fund.
new text end
new text begin Subd. 3. new text end
new text begin Authorized expenditures. new text end
new text begin
Money in a local or regional housing trust fund may
be used only to:
new text end
new text begin
(1) pay for administrative expenses, but not more than ten percent of the balance of the
fund may be spent on administration;
new text end
new text begin
(2) make grants, loans, and loan guarantees for the development, rehabilitation, or
financing of housing;
new text end
new text begin
(3) match other funds from federal, state, or private resources for housing projects; or
new text end
new text begin
(4) provide down payment assistance, rental assistance, and homebuyer counseling
services.
new text end
new text begin Subd. 4. new text end
new text begin Funding. new text end
new text begin
(a) A local government may finance its local or regional housing
trust fund with any money available to the local government, unless expressly prohibited
by state law. Sources of these funds include, but are not limited to:
new text end
new text begin
(1) donations;
new text end
new text begin
(2) bond proceeds;
new text end
new text begin
(3) grants and loans from a state, federal, or private source;
new text end
new text begin
(4) appropriations by a local government to the fund;
new text end
new text begin
(5) investment earnings of the fund; and
new text end
new text begin
(6) housing and redevelopment authority levies.
new text end
new text begin
(b) The local government may alter a source of funding for the local or regional housing
trust fund, but only if, once altered, sufficient funds will exist to cover the projected debts
or expenditures authorized by the fund in its budget.
new text end
new text begin Subd. 5. new text end
new text begin Reports. new text end
new text begin
A local or regional housing trust fund established under this section
must report annually to the local government that created the fund. The local government
or governments must post this report on its public Web site.
new text end
new text begin Subd. 6. new text end
new text begin Effect of legislation on existing local or regional housing trust funds. new text end
new text begin
A
local or regional housing trust fund existing on the effective date of this section is not
required to alter the existing terms of its governing documents or take any additional
authorizing actions required by subdivision 2.
new text end
Sec. 9. new text begin MINNESOTA HOUSING FINANCE AGENCY REPORT.
new text end
new text begin
By September 30, 2017, and September 30, 2018, the Housing Finance Agency shall
provide to the chairs and ranking minority members of the house of representatives and
senate committees with jurisdiction over the agency a draft and final version of its affordable
housing plan before and after it has been submitted to the agency board for consideration.
The affordable housing plan must include information on the availability of funds within
the Housing Affordability Fund, or Pool 3, the anticipated uses of those funds, and the prior
year's actual uses of those funds.
new text end
ARTICLE 12
MISCELLANEOUS POLICY
Section 1.
Laws 2014, chapter 211, section 13, as amended by Laws 2015, First Special
Session chapter 1, article 7, section 1, and Laws 2016, chapter 189, article 7, section 42, is
amended to read:
Sec. 13. EFFECTIVE DATE.
Sections 1 to 3 and 6 to 11 are effective July 1, deleted text begin 2017deleted text end new text begin 2020new text end . Sections 4, 5, and 12 are
effective July 1, 2014.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment. Until
July 1, 2020, any employee, employer, employee or employer organization, exclusive
representative, or any other person or organization aggrieved by an unfair labor practice as
defined in Minnesota Statutes, section 179A.13, may bring an action for injunctive relief
and for damages caused by the unfair labor practice in the district court of the county in
which the practice is alleged to have occurred.
new text end
Sec. 2. new text begin AGENCY ACTIVITY AND EXPENDITURE REPORTS.
new text end
new text begin
(a) The commissioners of employment and economic development, housing finance,
labor and industry, and commerce, as well as the Public Utilities Commission, must each
submit a report, as described in paragraph (b), to the chairs and ranking minority members
of the house of representatives and senate committees and divisions with jurisdiction over
their budget appropriations by October 15, 2018.
new text end
new text begin
(b) The reports must include:
new text end
new text begin
(1) the number of employees in each operational division and descriptions of the work
of each employee;
new text end
new text begin
(2) a description of the responsibilities that fall under each operational division;
new text end
new text begin
(3) a detailed list of the source of all revenue, including any fees, taxes, or other revenues
collected, as well as details of base budgets, including all prior appropriation riders;
new text end
new text begin
(4) how much of each budgetary division appropriation passes through as grants, as well
as the costs related to each grant program;
new text end
new text begin
(5) a detailed description of the costs related to each budgetary division, as well as the
statutory authority under which those costs are allocated; and
new text end
new text begin
(6) the statutory authority for all expenditures.
new text end
APPENDIX
Repealed Minnesota Statutes: S1456-3
3.8852 PLANNING STRATEGY FOR SUSTAINABLE ENERGY FUTURE.
(a) The Legislative Energy Commission, in consultation with the commissioner of commerce and other state agencies, shall develop a framework for the state of Minnesota to transition to a renewable energy economy that ends Minnesota's contribution to greenhouse gases from burning fossil fuels within the next few decades. The framework and strategy should aim to make Minnesota the first state in the nation to use only renewable energy.
(b) In developing the framework for this transition, the commission must consult with stakeholders, including, but not limited to, representatives from cooperative, municipal, and investor-owned utilities, natural resources and environmental advocacy groups, labor and industry, and technical and scientific experts to examine the challenges and opportunities involved to develop a strategy and timeline to protect the environment and create jobs. The timeline must establish goals and strategies to reach the state's renewable energy standards and prepare for the steps beyond reaching those standards. The Department of Commerce, Division of Energy Resources shall provide technical support.
(c) The commission and its stakeholders must consider the following in creating the framework:
(1) the economic and environmental costs of continued reliance on fossil fuels;
(2) the creation of jobs and industry in the state that result from moving ahead of other states in transitioning to a sustainable energy economy;
(3) the appropriate energy efficiency and renewable energy investments in Minnesota to reduce the economic losses to the Minnesota economy from importation of fossil fuels; and
(4) the new technologies for energy efficiency, storage, transmission, and renewable generation needed to reliably meet the demand for energy.
(d) The framework shall be modified as needed to take advantage of new technological developments to facilitate ending fossil fuel use in power generation, heating and cooling, industry, and transportation.
(e) The commission shall report to the legislative committees and divisions with jurisdiction over energy policy by January 15, 2014, and annually thereafter, on progress toward achieving the framework goals.
46.131 ASSESSMENTS AND FEES FOR FINANCIAL INSTITUTIONS.
Subd. 5.
Application and adjustment of fees.
If the income from the fees provided for herein during any fiscal year shall be more than 103 percent of such expenditures for that year, any excess above such sum of 103 percent may be carried over to succeeding years in order to cover any deficit below 103 percent which may occur in such succeeding years. If the income from the fees provided for herein during any fiscal year shall produce less than the expenditures for that year, the Department of Commerce in adjusting its schedule of fees for use in the next fiscal year shall fix the fees so as to produce income in the amount of the expenditures for the latter year plus the amount of the difference between the expenditures for the first year referred to herein and the total income from such fees during the year and plus three percent of the total expenditures for both the latter and the first year referred to herein.
116C.779 FUNDING FOR RENEWABLE DEVELOPMENT.
Subd. 3.
Initiative for Renewable Energy and the Environment.
(a) Beginning July 1, 2009, and each July 1 through 2011, $5,000,000 must be allocated from the renewable development account to fund a grant to the Board of Regents of the University of Minnesota for the Initiative for Renewable Energy and the Environment for the purposes described in paragraph (b). The Initiative for Renewable Energy and the Environment must set aside at least 15 percent of the funds received annually under the grant for qualified projects conducted at a rural campus or experiment station. Any set-aside funds not awarded to a rural campus or experiment station at the end of the fiscal year revert back to the Initiative for Renewable Energy and the Environment for its exclusive use. This subdivision does not create an obligation to contribute funds to the account.
(b) Activities funded under this grant may include, but are not limited to:
(1) environmentally sound production of energy from a renewable energy source, including biomass and agricultural crops;
(2) environmentally sound production of hydrogen from biomass and any other renewable energy source for energy storage and energy utilization;
(3) development of energy conservation and efficient energy utilization technologies;
(4) energy storage technologies; and
(5) analysis of policy options to facilitate adoption of technologies that use or produce low-carbon renewable energy.
(c) For the purposes of this subdivision:
(1) "biomass" means plant and animal material, agricultural and forest residues, mixed municipal solid waste, and sludge from wastewater treatment; and
(2) "renewable energy source" means hydro, wind, solar, biomass, and geothermal energy, and microorganisms used as an energy source.
(d) Beginning January 15 of 2010, and each year thereafter, the director of the Initiative for Renewable Energy and the Environment at the University of Minnesota shall submit a report to the chair and ranking minority members of the senate and house of representatives committees with primary jurisdiction over energy finance describing the activities conducted during the previous year funded under this subdivision.
116J.549 WORKFORCE HOUSING DEVELOPMENT PROGRAM.
Subdivision 1.
Establishment.
The commissioner of employment and economic development shall establish a workforce housing development program to award grants to eligible project areas to be used for qualified expenditures.
Subd. 2.
Definitions.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Eligible project area" means a home rule charter or statutory city located outside of the metropolitan area as defined in section 473.121, subdivision 2, with a population exceeding 500; a community that has a combined population of 1,500 residents located within 15 miles of a home rule charter or statutory city located outside the metropolitan area as defined in section 473.121, subdivision 2; or an area served by a joint county-city economic development authority.
(c) "Joint county-city economic development authority" means an economic development authority formed under Laws 1988, chapter 516, section 1, as a joint partnership between a city and county and excluding those established by the county only.
(d) "Market rate residential rental properties" means properties that are rented at market value, including new modular homes, new manufactured homes, and new manufactured homes on leased land or in a manufactured home park, and excludes:
(1) properties constructed with financial assistance requiring the property to be occupied by residents that meet income limits under federal or state law of initial occupancy; and
(2) properties constructed with federal, state, or local flood recovery assistance, regardless of whether that assistance imposed income limits as a condition of receiving assistance.
(e) "Qualified expenditure" means expenditures for market rate residential rental properties including acquisition of property; construction of improvements; and provisions of loans or subsidies, grants, interest rate subsidies, public infrastructure, and related financing costs.
Subd. 3.
Application.
The commissioner shall develop forms and procedures for soliciting and reviewing application for grants under this section. At a minimum, a city must include in its application a resolution of its governing body certifying that the matching amount as required under this section is available and committed.
Subd. 4.
Program requirements.
(a) The commissioner must not award a grant to an eligible project area under this section until the following determinations are made:
(1) the average vacancy rate for rental housing located in the eligible project area, and in any other city located within 15 miles or less of the boundaries of the area, has been five percent or less for at least the prior two-year period;
(2) one or more businesses located in the eligible project area, or within 25 miles of the area, that employs a minimum of 20 full-time equivalent employees in aggregate have provided a written statement to the eligible project area indicating that the lack of available rental housing has impeded their ability to recruit and hire employees; and
(3) the eligible project area has certified that the grants will be used for qualified expenditures for the development of rental housing to serve employees of businesses located in the eligible project area or surrounding area.
(b) Preference for grants awarded under this section shall be given to eligible project areas with less than 18,000 people.
Subd. 5.
Allocation.
The amount of a grant may not exceed 25 percent of the rental housing development project cost. The commissioner shall not award a grant to a city without certification by the city that the amount of the grant shall be matched by a local unit of government, business, or nonprofit organization with $1 for every $2 provided in grant funds.
Subd. 6.
Report.
Beginning January 15, 2016, the commissioner must annually submit a report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over taxes and workforce development specifying the projects that received grants under this section and the specific purposes for which the grant funds were used.
174.187 MADE IN MINNESOTA SOLAR INSTALLATIONS.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have the meanings given.
(b) "Made in Minnesota" means the manufacture in this state of solar photovoltaic modules:
(1) at a manufacturing facility located in Minnesota that is registered and authorized to manufacture and apply the UL 1703 certification mark to solar photovoltaic modules by Underwriters Laboratory (UL), CSA International, Intertek, or an equivalent UL-approved independent certification agency;
(2) that bear UL 1703 certification marks from UL, CSA International, Intertek, or an equivalent UL-approved independent certification agency, which must be physically applied to the modules at a manufacturing facility described in clause (1); and
(3) that are manufactured in Minnesota:
(i) via manufacturing processes that must include tabbing, stringing, and lamination; or
(ii) by interconnecting low-voltage direct current photovoltaic elements that produce the final useful photovoltaic output of the modules.
(c) "Solar photovoltaic module" has the meaning given in section 116C.7791, subdivision 1, paragraph (e).
Subd. 2.
Made in Minnesota solar energy system requirement.
Notwithstanding any other law to the contrary, if the commissioner engages in any project for the construction, improvement, maintenance, or repair of any building, highway, road, bridge, or land owned or controlled by the department and the construction, improvement, maintenance, or repair involves installation of one or more solar photovoltaic modules, the commissioner must ensure that the solar photovoltaic modules purchased and installed are "Made in Minnesota" as defined in subdivision 1, paragraph (b).
Subd. 3.
Application.
Subdivision 2 does not apply if:
(1) as a condition of the receipt of federal financial assistance for a specific project, the commissioner is required to use a procurement method that might result in the award of a contract to a manufacturer that does not meet the "Made in Minnesota" criteria established in subdivision 1, paragraph (b); or
(2) no solar photovoltaic modules are available that meet the "Made in Minnesota" criteria and fulfill the function required by the project.
176.541 STATE DEPARTMENTS.
Subd. 7.
Historical Society as state department.
For the purposes of workers' compensation as provided by this chapter, the Minnesota Historical Society is a state department and such chapter applies to its employees the same as it applies to employees of any department of the state government.
216B.8109 HYDROGEN ENERGY ECONOMY GOAL.
It is a goal of this state that Minnesota move to hydrogen as an increasing source of energy for its electrical power, heating, and transportation needs.
216B.811 DEFINITIONS.
Subdivision 1.
Scope.
For purposes of sections 216B.811 to 216B.815, the terms defined in this section have the meanings given them.
Subd. 2.
Fuel cell.
"Fuel cell" means an electrochemical device that produces useful electricity, heat, and water vapor, and operates as long as it is provided fuel.
Subd. 3.
Hydrogen.
"Hydrogen" means hydrogen produced using renewable energy sources.
Subd. 4.
Related technologies.
"Related technologies" means balance of plant components necessary to make hydrogen and fuel cell systems function; turbines, reciprocating, and other combustion engines capable of operating on hydrogen; and electrolyzers, reformers, and other equipment and processes necessary to produce, purify, store, distribute, and use hydrogen for energy.
216B.812 FOSTERING USE OF HYDROGEN ENERGY.
Subdivision 1.
State purchase and use of renewable hydrogen technologies.
(a) The Department of Commerce, in coordination with the Department of Administration and the Pollution Control Agency, shall identify opportunities for deploying renewable hydrogen, fuel cells, and related technologies within state-owned facilities, vehicle fleets, and operations in ways that demonstrate their commercial performance and economics.
(b) The Department of Commerce shall recommend to the Department of Administration the purchase and deployment of hydrogen, fuel cells, and related technologies, when feasible, in ways that strategically contribute to realizing Minnesota's hydrogen economy goal as set forth in section 216B.8109, and which contribute to the following nonexclusive list of objectives:
(1) provide needed performance data to the marketplace;
(2) identify code and regulatory issues to be resolved;
(3) foster economic development and job creation in the state;
(4) raise public awareness of renewable hydrogen, fuel cells, and related technologies; or
(5) reduce emissions of carbon dioxide and other pollutants.
(c) The Department of Commerce and the Pollution Control Agency shall also recommend to the Department of Administration changes to the state's procurement guidelines and contracts in order to facilitate the purchase and deployment of cost-effective renewable hydrogen, fuel cells, and related technologies by all levels of government.
Subd. 2.
Pilot projects.
(a) In consultation with appropriate representatives from state agencies, local governments, universities, businesses, and other interested parties, the Department of Commerce shall report back to the legislature by November 1, 2005, and every two years thereafter, with a slate of proposed pilot projects that contribute to realizing Minnesota's hydrogen economy goal as set forth in section 216B.8109. The Department of Commerce must consider the following nonexclusive list of priorities in developing the proposed slate of pilot projects:
(1) deploy "bridge" technologies such as hybrid-electric, off-road, and fleet vehicles running on hydrogen or fuels blended with hydrogen;
(2) lead to cost-competitive, on-site renewable hydrogen production technologies;
(3) demonstrate nonvehicle applications for hydrogen;
(4) improve the cost and efficiency of hydrogen from renewable energy sources; and
(5) improve the cost and efficiency of hydrogen production using direct solar energy without electricity generation as an intermediate step.
(b) For deployment projects that do not involve a demonstration component, individual system components of the technology should, if feasible, meet commercial performance standards and systems modeling must be completed to predict commercial performance, risk, and synergies. In addition, the proposed pilots should meet as many of the following criteria as possible:
(1) advance energy security;
(2) capitalize on the state's native resources;
(3) result in economically competitive infrastructure being put in place;
(4) be located where it will link well with existing and related projects and be accessible to the public, now or in the future;
(5) demonstrate multiple, integrated aspects of renewable hydrogen infrastructure;
(6) include an explicit public education and awareness component;
(7) be scalable to respond to changing circumstances and market demands;
(8) draw on firms and expertise within the state where possible;
(9) include an assessment of its economic, environmental, and social impact; and
(10) serve other needs beyond hydrogen development.
Subd. 3.
Establishing multifuel hydrogen fueling stations.
The commissioner of commerce may accept federal funds, expend funds, and participate in projects to design, site, and construct multifuel hydrogen fueling stations that eventually link urban centers along key trade corridors across the jurisdictions of Manitoba, the Dakotas, Minnesota, Iowa, and Wisconsin.
These energy stations must serve the priorities listed in subdivision 2 and, as transition infrastructure, should accommodate a wide variety of vehicle technologies and fueling platforms, including hybrid, flexible-fuel, and fuel cell vehicles. They may offer, but not be limited to, gasoline, diesel, ethanol (E-85), biodiesel, and hydrogen, and may simultaneously test the integration of on-site combined heat and power technologies with the existing energy infrastructure.
The hydrogen portion of the stations may initially serve local, dedicated on- or off-road vehicles, but should eventually support long-haul transport.
216B.813 MINNESOTA RENEWABLE HYDROGEN INITIATIVE.
Subdivision 1.
Road map.
The Department of Commerce shall coordinate and administer directly or by contract the Minnesota renewable hydrogen initiative. If the department decides to contract for its duties under this section, it must contract with a nonpartisan, nonprofit organization within the state to develop the road map. The initiative may be run as a public-private partnership representing business, academic, governmental, and nongovernmental organizations. The initiative must oversee the development and implementation of a renewable hydrogen road map, including appropriate technology deployments, that achieve the hydrogen goal of section 216B.8109. The road map should be compatible with the United States Department of Energy's National Hydrogen Energy Roadmap and be based on an assessment of marketplace economics and the state's opportunities in hydrogen, fuel cells, and related technologies, so as to capitalize on strengths. The road map should establish a vision, goals, general timeline, strategies for working with industry, and measurable milestones for achieving the state's renewable hydrogen goal. The road map should describe how renewable hydrogen and fuel cells fit in Minnesota's overall energy system, and should help foster a consistent, predictable, and prudent investment environment. The department must report to the legislature on the progress in implementing the road map by November 1 of each odd-numbered year.
Subd. 2.
Grants.
(a) The commissioner of commerce shall operate a competitive grant program for projects to assist the state in attaining its renewable hydrogen energy goals.
(b) The commissioner shall give preference to project concepts included in the department's most recent biennial report: Strategic Demonstration Projects to Accelerate the Commercialization of Renewable Hydrogen and Related Technologies in Minnesota. Projects eligible for funding must combine one or more of the hydrogen production options listed in the department's report with an end use that has significant commercial potential, preferably high visibility, and relies on fuel cells or related technologies. Each funded technology deployment must include an explicit education and awareness-raising component, be compatible with the renewable hydrogen deployment criteria defined in section 216B.812, and receive 50 percent of its total cost from nonstate sources. The 50 percent requirement does not apply for recipients that are public institutions.
216B.815 REGIONAL ENERGY RESEARCH AND EDUCATION PARTNERSHIP.
(a) The state's public research and higher education institutions should work with one another and with similar institutions in the region to establish Minnesota and the Upper Midwest as a center of research, education, outreach, and technology transfer for the production of renewable energy and products, including hydrogen, fuel cells, and related technologies. The partnership should be designed to create a critical mass of research and education capability that can compete effectively for federal and private investment in these areas.
(b) Initiatives undertaken by the partnership may include:
(1) collaborative and interdisciplinary research, demonstration projects, and commercialization of market-ready technologies;
(2) creation of undergraduate and graduate course offerings and eventually degreed and vocational programs with reciprocity;
(3) establishment of fellows programs at the region's institutes of higher learning that provide financial incentives for relevant study, research, and exchange; and
(4) development and field-testing of relevant curricula, teacher kits for all educational levels, and widespread teacher training, in collaboration with state energy offices, teachers, nonprofits, businesses, the United States Department of Energy, and other interested parties.
216C.411 DEFINITIONS.
For the purposes of sections 216C.411 to 216C.415, the following terms have the meanings given.
(a) "Made in Minnesota" means the manufacture in this state of solar photovoltaic modules:
(1) at a manufacturing facility located in Minnesota that is registered and authorized to manufacture and apply the UL 1703 certification mark to solar photovoltaic modules by Underwriters Laboratory (UL), CSA International, Intertek, or an equivalent UL-approved independent certification agency;
(2) that bear UL 1703 certification marks from UL, CSA International, Intertek, or an equivalent UL-approved independent certification agency, which must be physically applied to the modules at a manufacturing facility described in clause (1); and
(3) that are manufactured in Minnesota:
(i) by manufacturing processes that must include tabbing, stringing, and lamination; or
(ii) by interconnecting low-voltage direct current photovoltaic elements that produce the final useful photovoltaic output of the modules.
A solar photovoltaic module that is manufactured by attaching microinverters, direct current optimizers, or other power electronics to a laminate or solar photovoltaic module that has received UL 1703 certification marks outside Minnesota from UL, CSA International, Intertek, or an equivalent UL-approved independent certification agency is not "Made in Minnesota" under this paragraph.
(b) "Solar photovoltaic module" has the meaning given in section 116C.7791, subdivision 1, paragraph (e).
216C.412 "MADE IN MINNESOTA" SOLAR ENERGY PRODUCTION INCENTIVE ACCOUNT.
Subdivision 1.
Account established; account management.
A "Made in Minnesota" solar energy production incentive account is established as a separate account in the special revenue fund in the state treasury. Earnings, such as interest, dividends, and any other earnings arising from account assets, must be credited to the account. Funds remaining in the account at the end of a fiscal year do not cancel to the general fund but remain in the account. There is annually appropriated from the account to the commissioner of commerce money sufficient to make the incentive payments under section 216C.415, the transfers under section 216C.416, and to administer sections 216C.412 to 216C.415.
Subd. 2.
Payments from public utilities.
(a) Beginning January 1, 2014, and each January 1 thereafter, through 2023, for a total of ten years, each electric public utility subject to section 216B.241 must annually pay to the commissioner of commerce five percent of the minimum amount it is required to spend on energy conservation improvements under section 216B.241, subdivision 1a. Payments under this subdivision must be included in the calculation of whether a utility's other spending on generation exceeds the limits authorized for spending on generation under section 216B.2411, subdivision 1, for investments proposed for commissioner of commerce approval after July 1, 2013. The limits on spending in section 216B.2411 do not limit or apply to payments required by this subdivision. Payments made under this paragraph count toward satisfying expenditure obligations of a public utility under section 216B.241, subdivision 1a. The commissioner shall, upon receipt of the funds, deposit them in the account established in subdivision 1. A public utility subject to this paragraph must be credited energy savings for the purpose of satisfying its energy savings requirement under section 216B.241, subdivision 1c, based on its payment to the commissioner.
(b) Notwithstanding section 116C.779, subdivision 1, paragraph (g), beginning January 1, 2014, and continuing through January 1, 2023, for a total of ten years, the public utility that manages the account under section 116C.779 must annually pay from that account to the commissioner an amount that, when added to the total amount paid to the commissioner of commerce under paragraph (a), totals $15,000,000 annually. The commissioner shall, upon receipt of the payment, deposit it in the account established in subdivision 1.
216C.413 "MADE IN MINNESOTA" SOLAR ENERGY PRODUCTION INCENTIVE; QUALIFICATION.
Subdivision 1.
Application.
A manufacturer of solar photovoltaic modules seeking to qualify those modules as eligible to receive the "Made in Minnesota" solar energy production incentive must submit an application to the commissioner of commerce on a form prescribed by the commissioner. The application must contain:
(1) a technical description of the solar photovoltaic module and the processes used to manufacture it, excluding proprietary details;
(2) documentation that the solar photovoltaic module meets all the required applicable parts of the "Made in Minnesota" definition in section 216C.411, including evidence of the UL 1703 right to mark for all solar photovoltaic modules seeking to qualify as "Made in Minnesota";
(3) any additional nonproprietary information requested by the commissioner of commerce; and
(4) certification signed by the chief executive officer of the manufacturing company attesting to the truthfulness of the contents of the application and supporting materials under penalty of perjury.
Subd. 2.
Certification.
If the commissioner determines that a manufacturer's solar photovoltaic module meets the definition of "Made in Minnesota" in section 216C.411, the commissioner shall issue the manufacturer a "Made in Minnesota" certificate containing the name and model numbers of the certified solar photovoltaic modules and the date of certification. The commissioner must issue or deny the issuance of a certificate within 90 days of receipt of a completed application. A copy of the certificate must be provided to each purchaser of the solar photovoltaic module.
Subd. 3.
Revocation of certification.
The commissioner may revoke a certification of a module as "Made in Minnesota" if the commissioner finds that the module no longer meets the requirements to be certified. The revocation does not affect incentive payments awarded prior to the revocation.
216C.414 "MADE IN MINNESOTA" SOLAR ENERGY PRODUCTION INCENTIVE.
Subdivision 1.
Setting incentive.
Within 90 days of a module being certified as "Made in Minnesota" the commissioner of commerce shall set a solar energy production incentive amount for that solar photovoltaic module for the purpose of the incentive payment under section 216C.415. The incentive is a performance-based financial incentive expressed as a per kilowatt-hour amount. The amount shall be used for incentive applications approved in the year to which the incentive amount is applicable for the ten-year duration of the incentive payments. An incentive amount must be calculated for each module for each calendar year through 2023.
Subd. 2.
Criteria for determining incentive amount.
(a) The commissioner shall set the incentive payment amount by determining the average amount of incentive payment required to allow an average owner of installed solar photovoltaic modules a reasonable return on their investment. In setting the incentive amount the commissioner shall consider:
(1) an estimate of the installed cost per kilowatt-direct current, based on the cost data supplied by the manufacturer in the application submitted under section 216C.413, and an estimate of the average installation cost based on a representative sample of Minnesota solar photovoltaic installed projects;
(2) the average insolation rate in Minnesota;
(3) an estimate of the decline in the generation efficiency of the solar photovoltaic modules over time;
(4) the rate paid by public utilities to owners of solar photovoltaic modules under section 216B.164 or other law;
(5) applicable federal tax incentives for installing solar photovoltaic modules; and
(6) the estimated levelized cost per kilowatt-hour generated.
(b) The commissioner shall annually, for incentive applications received in a year, revise each incentive amount based on the factors in paragraph (a), clauses (1) to (6), general market conditions, and the availability of other incentives. In no case shall the "Made in Minnesota" incentive amount result in the "Made in Minnesota" incentives paid exceeding 40 percent, net of average applicable taxes on the ten-year incentive payments, of the average historic installation cost per kilowatt. The commissioner may exceed the 40 percent cap if the commissioner determines it is necessary to fully expend funds available for incentive payments in a particular year.
Subd. 3.
Metering of production.
A public utility must, at the expense of a customer, provide a meter to measure the production of a solar photovoltaic module system that is approved to receive incentive payments. The public utility must furnish the commissioner with information sufficient for the commissioner to determine the incentive payment. The information must be provided on a calendar year basis by no later than March 1. The commissioner shall provide a public utility with forms to use to provide the production information. A customer must attest to the accuracy of the production information.
Subd. 4.
Payment due date.
Payments must be made no later than July 1 following the year of production.
Subd. 5.
Renewable energy credits.
Renewable energy credits associated with energy provided to a public utility for which an incentive payment is made belong to the utility.
216C.415 "MADE IN MINNESOTA" SOLAR ENERGY PRODUCTION INCENTIVE; PAYMENT.
Subdivision 1.
Incentive payment.
Incentive payments may be made under this section only to an owner of grid-connected solar photovoltaic modules with a total nameplate capacity below 40 kilowatts direct current who:
(1) has submitted to the commissioner, on a form established by the commissioner, an application to receive the incentive that has been approved by the commissioner;
(2) has received a "Made in Minnesota" certificate under section 216C.413 for the module; and
(3) has installed on residential or commercial property solar photovoltaic modules that are generating electricity and has received a "Made in Minnesota" certificate under section 216C.413.
Subd. 2.
Application process.
Applications for an incentive payment must be received by the commissioner between January 1 and February 28. The commissioner shall by a random method approve the number of applications the commissioner reasonably determines will exhaust the funds available for payment for the ten-year period of incentive payments. Applications for residential and commercial installations shall be separately randomly approved.
Subd. 3.
Commissioner approval of incentive application.
The commissioner must approve an application for an incentive for an owner to be eligible for incentive payments. The commissioner must not approve an application in a calendar year if the commissioner determines there will not be sufficient funding available to pay an incentive to the applicant for any portion of the ten-year duration of payment. The commissioner shall annually establish a cap on the cumulative capacity for a program year based on funds available and historic average installation costs. Receipt of an incentive is not an entitlement and payment need only be made from available funds in the "Made in Minnesota" solar production incentive account.
Subd. 4.
Eligibility window; payment duration.
(a) Payments may be made under this section only for electricity generated from new solar photovoltaic module installations that are commissioned between January 1, 2014, and December 31, 2023.
(b) The payment eligibility window of the incentive begins and runs consecutively from the date the solar system is commissioned.
(c) An owner of solar photovoltaic modules may receive payments under this section for a particular module for a period of ten years provided that sufficient funds are available in the account.
(d) No payment may be made under this section for electricity generated after December 31, 2033.
(e) An owner of solar photovoltaic modules may not first begin to receive payments under this section after December 31, 2024.
Subd. 5.
Allocation of payments.
(a) If there are sufficient applications, approximately 50 percent of the incentive payment shall be for owners of eligible solar photovoltaic modules installed on residential property, and approximately 50 percent shall be for owners of eligible solar photovoltaic modules installed on commercial property.
(b) The commissioner shall endeavor to distribute incentives paid under this section to owners of solar photovoltaic modules installed in a manner so that the amount of payments received in an area of the state reasonably approximates the amount of payments made by a utility serving that area.
(c) For purposes of this subdivision:
(1) "residential property" means residential real estate that is occupied and used as a homestead by its owner or by a renter and includes "multifamily housing development" as defined in section 462C.02, subdivision 5, except that residential property on which solar photovoltaic modules (i) whose capacity exceeds 10 kilowatts is installed; or (ii) connected to a utility's distribution system and whose electricity is purchased by several residents, each of whom own a share of the electricity generated, shall be deemed commercial property; and
(2) "commercial property" means real property on which is located a business, government, or nonprofit establishment.
Subd. 6.
Limitation.
An owner receiving an incentive payment under this section may not receive a rebate under section 116C.7791 for the same solar photovoltaic modules.
216C.416 SOLAR THERMAL REBATES.
Subdivision 1.
Rebate program created.
The commissioner of commerce shall operate a program to provide rebates for the installation of "Made in Minnesota" solar thermal systems in the state. "Solar thermal system" means a flat plate or evacuated tube that meets the requirements of section 216C.25 with a fixed orientation that collects the sun's radiant energy and transfers it to a storage medium for distribution as energy to heat or cool air or water. A solar thermal system is "Made in Minnesota" if components of the system are manufactured in Minnesota and the solar thermal system is certified by the Solar Rating and Certification Corporation. The solar thermal system may be installed in residential and commercial facilities for, among other purposes, hot water, space heating, or pool heating purposes.
Subd. 2.
Account; funding.
(a) The solar thermal system rebate account is created as a separate account in the special revenue fund in the state treasury. Earnings, such as interest, dividends, and any other earnings arising from account assets, must be credited to the account. Funds in the account are appropriated to the commissioner of commerce for the purpose of making the rebate payments under this section and administering this section.
(b) Beginning January 1, 2014, and each January 1 thereafter to January 1, 2023, the commissioner of commerce shall annually transfer $250,000 from the account created in section 216C.412 for deposit in the account created in this subdivision.
(c) To the extent there are sufficient applications, the commissioner shall annually spend for rebates under this section from 2014 to 2023, for a total of ten years, approximately $250,000 per year. If sufficient applications are not received to spend the money available for rebates in a year under this section, the unspent money must be returned to the account from which it was transferred, provided that funds available for 2014 applications shall remain available for 2015 applications.
Subd. 3.
Individual incentives.
The maximum rebate for a single family residential dwelling installation is the lesser of 25 percent of the installed cost of a complete system or $2,500. The maximum rebate for a multiple family residential dwelling installation is the lesser of 25 percent of the installed cost of a complete system or $5,000. The maximum rebate for a commercial installation is the lesser of 25 percent of the installation cost of the complete system or $25,000. The system must be installed by a factory authorized installer. The commissioner shall allocate approximately 50 percent of the rebates in each year to solar thermal hot water and 50 percent to solar thermal air projects if sufficient applications are made for each.
Subd. 4.
Application process.
Applications for incentives must be made to the commissioner of commerce on forms provided by the commissioner. The commissioner shall use a random process for the selection of recipients of incentives except to the extent necessary to allocate rebates as required by this section.
298.22 IRON RANGE RESOURCES AND REHABILITATION.
Subd. 8.
Spending priority.
In making or approving any expenditures on programs or projects, the commissioner and the board shall give the highest priority to programs and projects that target relief to those areas of the taconite assistance area as defined in section 273.1341, that have the largest percentages of job losses and population losses directly attributable to the economic downturn in the taconite industry since the 1980s. The commissioner and the board shall compare the 1980 population and employment figures with the 2000 population and employment figures, and shall specifically consider the job losses in 2000 and 2001 resulting from the closure of LTV Steel Mining Company, in making or approving expenditures consistent with this subdivision, as well as the areas of residence of persons who suffered job loss for which relief is to be targeted under this subdivision. The commissioner may lease, for a term not exceeding 50 years and upon the terms determined by the commissioner and approved by the board, surface and mineral interests owned or acquired by the state of Minnesota acting by and through the office of the commissioner of Iron Range resources and rehabilitation within those portions of the taconite assistance area affected by the closure of the LTV Steel Mining Company facility near Hoyt Lakes. The payments and royalties from these leases must be deposited into the fund established in section 298.292. This subdivision supersedes any other conflicting provisions of law and does not preclude the commissioner and the board from making expenditures for programs and projects in other areas.
298.2213 NORTHEAST MINNESOTA ECONOMIC DEVELOPMENT FUND.
Subdivision 1.
Appropriation.
$4,000,000 is appropriated from the general fund to the commissioner of Iron Range resources and rehabilitation. $300,000 of this appropriation must be used in the same manner as money appropriated under section 298.17.
Subd. 2.
Purpose of expenditures.
The money appropriated in this section may be used for projects and programs for which technological and economic feasibility have been demonstrated and that have the following purposes:
(1) creating and maintaining productive, permanent, skilled employment, including employment in technologically innovative businesses; and
(2) encouraging diversification of the economy and promoting the development of minerals, alternative energy sources utilizing indigenous fuels, forestry, small business, and tourism.
Subd. 3.
Use of money.
The money appropriated under this section may be used to provide loans, loan guarantees, interest buy-downs, and other forms of participation with private sources of financing, provided that a loan to a private enterprise must be for a principal amount not to exceed one-half of the cost of the project for which financing is sought, and the rate of interest on a loan must be no less than the lesser of eight percent or the rate of interest that is three percentage points less than a full faith and credit obligation of the United States government of comparable maturity, at the time that the loan is approved.
Money appropriated in this section must be expended only in or for the benefit of the taconite assistance area defined in section 273.1341, and as otherwise provided in this section.
Subd. 4.
Project approval.
The board and commissioner shall by August 1 each year prepare a list of projects to be funded from the money appropriated in this section with necessary supporting information including descriptions of the projects, plans, and cost estimates. A project must not be approved by the board unless it finds that:
(1) the project will materially assist, directly or indirectly, the creation of additional long-term employment opportunities;
(2) the prospective benefits of the expenditure exceed the anticipated costs; and
(3) in the case of assistance to private enterprise, the project will serve a sound business purpose.
Each project must be approved by the board and the commissioner of Iron Range resources and rehabilitation. The list of projects must be submitted to the governor, who shall, by November 15 of each year, approve, disapprove, or return for further consideration, each project. The money for a project may be spent only upon approval of the project by the governor. The board may submit supplemental projects for approval at any time.
Subd. 5.
Advisory committees.
Before submission to the board of a proposal for a project for expenditure of money appropriated under this section, the commissioner of Iron Range resources and rehabilitation shall appoint a technical advisory committee consisting of at least seven persons who are knowledgeable in areas related to the objectives of the proposal. If the project involves investment in a scientific research proposal, at least four of the committee members must be knowledgeable in the specific scientific research area relating to the project. Members of the committees must be compensated as provided in section 15.059, subdivision 3. The board shall not act on a proposal until it has received the evaluation and recommendations of the technical advisory committee.
Subd. 6.
Use of repayments and earnings.
Principal and interest received in repayment of loans made under this section must be deposited in the state treasury and are appropriated to the board for the purposes of this section.
298.298 LONG-RANGE PLAN.
Consistent with the policy established in sections 298.291 to 298.298, the Iron Range Resources and Rehabilitation Board shall prepare and present to the governor and the legislature by December 31, 2006, a long-range plan for the use of the Douglas J. Johnson economic protection trust fund for the economic development and diversification of the taconite assistance area defined in section 273.1341. No project shall be approved by the Iron Range Resources and Rehabilitation Board which is not consistent with the goals and objectives established in the long-range plan.
326B.89 CONTRACTOR RECOVERY FUND.
Subd. 14.
Accelerated compensation.
(a) Payments made from the fund to compensate owners and lessees that do not exceed the jurisdiction limits for conciliation court matters as specified in section 491A.01 may be paid on an accelerated basis if all of the following requirements in paragraphs (b) and (c) have been satisfied.
(b) The owner or the lessee has served upon the commissioner a verified application for compensation that complies with the requirements set out in subdivision 6 and the commissioner determines based on review of the application that compensation should be paid from the fund. The commissioner shall calculate the actual and direct out-of-pocket loss in the transaction, minus attorney fees, litigation costs or fees, interest on the loss and on the judgment obtained as a result of the loss, and any satisfaction of the judgment, and make payment to the owner or the lessee up to the conciliation court jurisdiction limits within 45 days after the owner or lessee serves the verified application.
(c) The commissioner may pay compensation to owners or lessees that totals not more than $50,000 per licensee per fiscal year under this accelerated process. The commissioner may prorate the amount of compensation paid to owners or lessees under this subdivision if applications submitted by owners and lessees seek compensation in excess of $50,000 against a licensee. Any unpaid portion of a verified application that has been prorated under this subdivision shall be satisfied in the manner set forth in subdivision 9.
Repealed Minnesota Session Laws: S1456-3
Laws 2013, chapter 85, article 6, section 11 by Laws 2017, chapter 94, article 10, section 30
Sec. 11. SOLAR PHOTOVOLTAIC MODULES.
No solar photovoltaic module may be installed that is financed directly or indirectly, wholly or in part, with money appropriated in this act, unless the solar photovoltaic module is made in Minnesota as defined in Minnesota Statutes, section 16B.323, subdivision 1, paragraph (b).
Repealed Minnesota Rule: S1456-3
4355.0100 PURPOSE.
The purpose of this chapter is to establish:
B.
procedures for the Minnesota emerging entrepreneur program to certify and enter into agreements with nonprofit corporations; and
4355.0200 DEFINITIONS.
Subpart 1.
Scope.
For the purposes of this chapter the terms in this part and in Minnesota Statutes, section 116M.14, have the meanings given.
Subp. 2.
Grant agreements.
"Grant agreements" means an agreement between the state and a nonprofit corporation through which the state provides funds to carry out specified programs, services, or activities.
Subp. 3.
Nonprofit corporation.
"Nonprofit corporation" means a not-for-profit organization operating in one or more eligible cities and certified by the board to receive grants and disburse these funds in the nature of loans to qualifying businesses.
Subp. 4.
Nonprofit revolving loan fund.
"Nonprofit revolving loan fund" means a board-certified revolving loan fund established by a nonprofit corporation to provide loans to new and expanding businesses in low-income areas.
Subp. 5.
Urban revolving loan fund.
"Urban revolving loan fund" means a fund established by the board to make grants to nonprofit corporations.
4355.0300 BUSINESS LOANS BY NONPROFIT CORPORATIONS.
Subpart 1.
Generally.
The board shall make available funds from the urban revolving loan fund for nonprofit corporations. The money awarded to each corporation shall be appropriated to its nonprofit revolving loan fund to be used to make loans to businesses in low-income areas. The funds are to be awarded on a project-by-project basis and must be matched by the corporation with an equal amount of money from sources other than government appropriations.
Subp. 2.
Grant agreement required.
A grant agreement must be established with each nonprofit corporation certified for funding by the board. Grant agreements shall be valid for a period of one year from the time they are fully executed. Agreements may be renewed by the board based on an evaluation of the corporation's lending activities, a finding that the corporation has complied with all the provisions of the agreement, and has made substantive progress in achieving the goals described in its application.
In the event that a grant agreement is not renewed, the corporation must continue to administer all loans it may have made under the provisions of the grant agreement and Minnesota Statutes, section 116M.18.
Subp. 3.
Application by nonprofit corporation.
Any nonprofit corporation wishing to be certified as a participant in the urban challenge grant program must apply in a form prescribed by the board. The application must include:
A.
an assurance signed by the nonprofit corporation's chair that the applicant will comply with all applicable state and federal laws and requirements;
B.
a resolution passed by the applicant's board of directors approving the submission of an application and authorizing execution of the grant agreement if funds are made available;
C.
a plan demonstrating the applicant's eligibility pursuant to Minnesota Statutes, section 116M.18, the manner in which minority business enterprises will be assisted, the outcomes expected to result from the corporation's participation in the program; and
D.
any additional information that the board finds is necessary to clarify the applicant's ability to achieve the program's objectives.
Subp. 4.
Board review.
The board shall certify the corporation if it has demonstrated that it fully meets the eligibility standards in Minnesota Statutes, section 116M.18, subdivision 2.
Subp. 5.
Disapproval of applications.
In cases where the corporation fails to demonstrate that it has met the requirements in Minnesota Statutes, section 116M.18, subdivision 2, the board must disapprove the application. The commissioner shall inform the corporation of the board's decision, in writing, stating the reasons for the denial.
Subp. 6.
Contents of grant agreement.
If certified, the board must enter into a grant agreement with the nonprofit corporation. The grant agreement must include provisions that:
A.
the corporation has established or will establish a board-certified revolving loan fund to provide loans to new and expanding businesses in low-income areas;
B.
the grant recipient will comply with all applicable state and federal laws, including the requirements of Minnesota Statutes, section 116M.18; and
C.
no grant funds shall be used to finance activities not approved in either the grant agreement or each loan agreement.
Subp. 7.
Other grant requirements.
The following provisions apply to grants awarded:
A.
if it is determined that an improper use of the funds has occurred, the board shall take whatever action is necessary to recover improperly spent funds;
C.
the board shall suspend payment of funds to recipients that are not in compliance with applicable state and federal laws, rules, and regulations;
E.
the grant agreement may authorize the nonprofit corporation to be paid for administrative expenses out of the interest earned on loans it originates.
Subp. 8.
Corporation to make business loans.
Any business may make an application to the nonprofit corporation for an urban challenge grant loan. The application must be in a form approved by the corporation and the board. The corporation must review the application and may give preliminary approval for the loan based on Minnesota Statutes, section 116M.18. The loan application must then be forwarded to the board for final approval.
4355.0400 BUSINESS LOANS BY THE BOARD.
If the board receives a grant, gift, or loan, authorizing or requiring it to make business loans directly to qualifying businesses, and the board determines that businesses do not have access through a certified corporation, the board may receive applications for an urban challenge grant loan on the forms it prescribes. The board shall review applications and, based on the provisions of Minnesota Statutes, section 116M.18, and the business loan criteria in part 4355.0500, may approve them. If an application is denied, the commissioner shall inform the applicant as to the reasons for the denial.
4355.0500 BUSINESS LOAN CRITERIA.
Subpart 1.
Terms and conditions.
A.
The interest rate on a loan shall be established by the corporation, but may be no less than two percent per annum, nor more than ten percent per annum or one percent per annum above the prime rate, as published in the Wall Street Journal at the time the loan is closed, whichever is greater.
B.
The corporation may only charge the business all out-of-pocket administrative expenses connected with originating the loan at the time of closing.
C.
The loan funds may be used for normal business expenses including, but not limited to, site acquisition, new construction, renovation, machinery and equipment, and working capital. Loans may not be used to refinance a business or personal existing debt.
Subp. 2.
Loan repayment.
For loans made by the board, all loan repayments must be deposited in the urban revolving loan fund for further distribution to businesses or nonprofit corporations pursuant to Minnesota Statutes, section 116M.18.
For loans made by a nonprofit corporation, amounts equal to one-half of the principal and interest must be deposited in the urban revolving loan fund. The principal payments shall be made available to the corporation originating the loan in order to make additional loans, as long as the corporation remains certified and the grant agreement with the board is in effect. The board may return interest payments to the corporation in order to pay for the corporation's administrative expenses.
The remaining amount of the loan repayment may be deposited in the nonprofit revolving loan fund created by the corporation which originated the loan for further distribution by the nonprofit corporation, or for other uses as may be determined by the corporation.