SF 3056

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying permanent school fund provisions;
providing for disposition of proceeds from sale of administrative sites; modifying
certain requirements for environmental learning centers; appropriating money;
amending Minnesota Statutes 2006, sections 16A.06, by adding a subdivision;
84.027, by adding a subdivision; 84.0857; 84.0875; 94.16, subdivision 3;
127A.30.

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

Section 1.

Minnesota Statutes 2006, section 16A.06, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Permanent school fund reporting. new text end

new text begin The commissioner shall biannually
report to the Permanent School Fund Advisory Committee and the legislature on the
management of the permanent school trust fund that shows how the commissioner
maximized the long-term economic return of the permanent school trust fund.
new text end

Sec. 2.

Minnesota Statutes 2006, section 84.027, is amended by adding a subdivision
to read:

new text begin Subd. 18. new text end

new text begin Permanent school fund authority; reporting. new text end

new text begin The commissioner of
natural resources has the authority and responsibility for the administration of school trust
lands under sections 92.121 and 127A.31. The commissioner shall biannually report to the
Permanent School Fund Advisory Committee and the legislature on the management of
the school trust lands that shows how the commissioner has and will continue to achieve
the following goals:
new text end

new text begin (1) manage the school trust lands efficiently;
new text end

new text begin (2) reduce the management expenditures of school trust lands and maximize the
revenues deposited in the permanent school trust fund;
new text end

new text begin (3) manage the sale, exchange, and commercial leasing of school trust lands to
maximize the revenues deposited in the permanent school trust fund and retain the value
from the long-term appreciation of the school trust lands; and
new text end

new text begin (4) manage the school trust lands to maximize the long-term economic return for the
permanent school trust fund while maintaining sound natural resource conservation and
management principals.
new text end

Sec. 3.

Minnesota Statutes 2006, section 84.0857, is amended to read:

84.0857 FACILITIES MANAGEMENT ACCOUNT.

new text begin (a) new text end The commissioner of natural resources may bill organizational units within
the Department of Natural Resources for the costs of providing them with building and
infrastructure facilities. Costs billed may include modifications and adaptations to allow
for appropriate building occupancy, building code compliance, insurance, utility services,
maintenance, repair, and other direct costs as determined by the commissioner. Receipts
shall be credited to a special account in the state treasury and are appropriated to the
commissioner to pay the costs for which the billings were made.

new text begin (b) Money deposited in the special account from the proceeds of a sale under
section 94.16, subdivision 3, paragraph (b), is appropriated to the commissioner to acquire
facilities or renovate existing buildings for administrative use or to acquire land for,
design, and construct administrative buildings for the Department of Natural Resources.
new text end

Sec. 4.

Minnesota Statutes 2006, section 84.0875, is amended to read:

84.0875 ENVIRONMENTAL LEARNING CENTERS.

new text begin (a) new text end The commissioner may acquire and better, or make grants to counties, home
rule charter or statutory cities, or school districts to acquire and better, residential
environmental learning centers where students may learn how to use, preserve, and
renew the natural resources of this state. A facility and reasonable access to it must be
owned by the state or a political subdivision but may be leased to or managed by a
nonprofit organization to carry out an environmental learning program established by the
commissioner. The lease or management agreement must comply with the requirements
of section 16A.695 and must provide for the procurement of liability insurance by the
nonprofit organization. A nonprofit organization that is operating an environmental
learning center under this section is a municipality for purposes of the liability limitations
of section 466.04 while acting within the scope of these activities.

new text begin (b) During the time the center is used for educational programs offered in
conjunction with a college or university, the rules and standards related to space
requirements are governed by section 144.74.
new text end

Sec. 5.

Minnesota Statutes 2006, section 94.16, subdivision 3, is amended to read:

Subd. 3.

Proceeds from natural resources land.

new text begin (a) Except as provided in
paragraph (b), new text end the remainder of the proceeds from the sale of lands that were under the
control and supervision of the commissioner of natural resources shall be credited to the
land acquisition account in the natural resources fund.

new text begin (b) The remainder of the proceeds from the sale of administrative sites under the
control and supervision of the commissioner of natural resources shall be credited to the
facilities management account established under section 84.0857 and used to acquire
facilities or renovate existing buildings for administrative use or to acquire land for,
design, and construct administrative buildings for the Department of Natural Resources.
new text end

Sec. 6.

Minnesota Statutes 2006, section 127A.30, is amended to read:

127A.30 PERMANENT SCHOOL FUND ADVISORY COMMITTEE.

new text begin Subdivision 1. new text end

new text begin Membership. new text end

A state Permanent School Fund Advisory Committee
is established to advise the Department of Natural Resources on the management of
permanent school fund land, which is held in trust for the school districts of the state. The
advisory committee must consist of the following persons deleted text begin or their designees: the chairs of
the education committees of the legislature, deleted text end new text begin : the chairs of the legislative committees with
jurisdiction over K-12 education policy and budget, the chairs of the legislative committees
with jurisdiction over environment and natural resources, new text end the deleted text begin chairs deleted text end new text begin chair new text end of the senate
Committee on Finance and new text begin the chair of the new text end house Committee on Ways and Means, the
commissioner of education new text begin or the commissioner's designee new text end , one superintendent from a
nonmetropolitan district, deleted text begin and deleted text end one superintendent from a metropolitan area district new text begin , one
person with an expertise in forestry, one person with an expertise in minerals and mining,
one person with an expertise in real estate development, one person with an expertise in
renewable energy, one person with an expertise in finance and land management, and
one person with an expertise in environment and natural resource conservation new text end . The
school district superintendents shall be appointed by the commissioner of education new text begin , with
the advice of and after consultation with the chairs of the legislative committees with
jurisdiction over K-12 education policy and budget new text end . new text begin The committee members with areas of
expertise in forestry, minerals and mining, real estate development, renewable energy, and
finance and land management shall be appointed by the commissioner of natural resources,
with the advice of and after consultation with the chairs of the legislative committees with
jurisdiction over environment and natural resources. Members of the legislature shall be
given the opportunity to recommend candidates for vacancies on the committee to the
commissioners of education and natural resources. The advisory committee must also
include a nonvoting professional staff person appointed by the commissioner of natural
resources, under section 84.027, subdivision 18. This nonvoting member shall provide
the committee with professional advice and technical support on issues of permanent
school fund land management. The members of the Permanent School Fund Advisory
Committee shall elect their chairperson.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

The advisory committee shall review the policies of the
Department of Natural Resources and current statutes on management of school trust fund
lands at least deleted text begin semiannually deleted text end new text begin annually new text end and shall recommend necessary changes in statutes,
policy, and implementation in order to ensure provident utilization of the permanent
school fund lands. new text begin By January 15 of each year, the advisory committee shall submit a
report and any necessary draft legislation to the legislature with recommendations for the
management of school trust lands to secure long-term economic return for the permanent
school fund, consistent with sections 92.121 and 127A.31. The committee's annual report
must include recommendations to:
new text end

new text begin (1) improve the efficiency of the Department of Natural Resources' management of
school trust fund lands;
new text end

new text begin (2) reduce expenditures that are used to manage school trust fund lands and
maximize the revenues deposited in the permanent school trust fund;
new text end

new text begin (3) accelerate land exchanges, land sales, and commercial leasing of school trust
lands; and
new text end

new text begin (4) manage the school trust lands to maximize the long-term economic return for
the permanent school trust fund.
new text end

new text begin Subd. 3. new text end

new text begin Duration. new text end

new text begin Notwithstanding section 15.059, subdivision 5, the advisory
committee is permanent and does not expire.
new text end