Minnesota Legislature
SF 4091
2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/25/2022 08:41pm
1.32 1.33
1.34 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13
2.14 2.15 2.16 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 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 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 4.35
5.1 5.2 5.4 5.3 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
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
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 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 8.24 8.23 8.25 8.26 8.27
8.28 8.29 8.31 8.30 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 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 13.4 13.3 13.5 13.6 13.8 13.7 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 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 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 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 16.24 16.23 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 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 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
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 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 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 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 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 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
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 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 30.34 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 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 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
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
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 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 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 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 38.34 38.35 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 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 40.33 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 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 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 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 44.34 44.35 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 46.32 46.33 46.34 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 49.31 49.32 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 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 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 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 52.31 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 53.27 53.28 53.29 53.30 53.31 53.32 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 54.30 54.31 54.32 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 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 56.31 56.32 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 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
60.31
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 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 62.32 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 63.32 63.33 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 64.33 64.34 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
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
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 67.32 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 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
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 71.1 71.2 71.3
71.4 71.5 71.7 71.6 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 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 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 73.31 73.32
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 74.34 74.35 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 75.33 75.34 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 76.33 76.34 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 77.30 77.31 77.32 77.33 77.34 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 78.33 78.34 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 79.30 79.31 79.32 79.33 79.34 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 80.32 80.33 80.34 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 81.32 81.33 81.34 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 82.33 82.34 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 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 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 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 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 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 89.31 89.32 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 90.31 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 91.29 91.30 91.31 91.32 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 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 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 96.30 96.31 96.32 96.33 96.34 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
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 99.32 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9
100.10 100.11
100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17
102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21
103.22
103.23 103.24 103.25 103.26 103.27 103.28
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
104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22
105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4
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
107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12
108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31
110.1 110.2 110.3 110.4
A bill for an act
relating to state government; appropriating money for higher education, commerce,
jobs, and economic growth; making policy and technical changes; requiring reports;
appropriating money; amending Minnesota Statutes 2020, sections 3.732,
subdivision 1; 116C.779, subdivision 1; 116J.035, by adding a subdivision; 116J.55,
subdivisions 1, 5, 6; 116J.552, subdivision 6; 116J.8747, subdivisions 2, 3, 4;
116J.993, subdivision 3; 116L.04, subdivision 1a; 116L.17, subdivision 1; 116L.98,
subdivisions 2, 3; 136A.103; 136A.25; 136A.26; 136A.27; 136A.28; 136A.29,
subdivisions 1, 3, 6, 9, 10, 14, 19, 20, 21, 22, by adding a subdivision; 136A.32,
subdivision 4; 136A.33; 136A.34, subdivisions 3, 4; 136A.36; 136A.38; 136A.41;
136A.42; 136F.02, subdivision 1; 136F.302, subdivisions 1, 2; 136F.38,
subdivisions 2, 4; 136F.67, subdivision 1; 137.022, subdivision 4; 181.032; 181.101;
216B.096, subdivision 11; 216B.24, by adding a subdivision; 216B.243, subdivision
3b; 216B.50, subdivision 1; 216C.435, subdivision 8; 216C.436, subdivision 2,
by adding a subdivision; 237.55; 268.18, by adding a subdivision; 326B.106,
subdivision 4; 326B.163, subdivision 5, by adding a subdivision; 326B.164,
subdivision 13; 326B.36, subdivision 7, by adding a subdivision; 326B.42,
subdivisions 1b, 1c; 326B.437; 326B.46, subdivision 2; 354B.20, subdivision 7;
Minnesota Statutes 2021 Supplement, sections 10A.01, subdivision 35; 116C.7792;
136F.38, subdivision 3; 216C.376, subdivision 5; 326B.153, subdivision 1; Laws
2020, chapter 118, section 5, subdivision 1; Laws 2021, First Special Session
chapter 2, article 1, sections 2, subdivisions 1, 9, 19, 20, 25, 26, 27, 33, 34, 38; 3,
subdivisions 1, 3; 4, subdivisions 1, 4; Laws 2021, First Special Session chapter
4, article 2, section 3, subdivision 1; Laws 2021, First Special Session chapter 10,
article 1, sections 2, subdivision 2; 5; article 2, section 24, subdivisions 1, 3, 4, 5,
7; article 3, section 14, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapters 116L; 124D; 136A; 216B; 216H; 465; repealing Minnesota
Statutes 2020, sections 136A.29, subdivision 4; 136F.03; Laws 2005, chapter 97,
article 10, section 3, as amended; Laws 2021, First Special Session chapter 4,
article 2, section 3, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
HIGHER EDUCATION APPROPRIATIONS
Section 1. new text begin HIGHER EDUCATION APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are in addition to the
appropriations in Laws 2021, First Special Session chapter 2, article 1, as amended in this
act, unless otherwise specified, and are appropriated to the agencies and for the purposes
specified in this act. The appropriations are from the general fund, or another named fund,
and are available for the fiscal years indicated for each purpose. The figures "2022" and
"2023" used in this act mean that the appropriations listed under them are available for the
fiscal year ending June 30, 2022, or June 30, 2023, respectively. "The first year" is fiscal
year 2022. "The second year" is fiscal year 2023. "The biennium" is fiscal years 2022 and
2023.
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
2022 new text end |
new text begin
2023 new text end |
|||||
Sec. 2. new text begin MINNESOTA OFFICE OF HIGHER
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
5,261,000 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
Grants to Students Pursuing Law
|
new text begin
-0- new text end |
new text begin
3,761,000 new text end |
||||
new text begin
For grants to eligible students under Minnesota
Statutes, section 136A.1213. Of this amount,
$170,000 the first year is for administration
costs. The base for this appropriation is
$3,666,000 for fiscal year 2024 and later.
Beginning in fiscal year 2024, the
commissioner may use $75,000 for
administration costs.
new text end
new text begin Subd. 3. new text end
new text begin
Skills Path Grant Program
|
new text begin
-0- new text end |
new text begin
500,000 new text end |
||||
new text begin
For grants to eligible institutions under
Minnesota Statutes, section 136A.247. Of this
amount, the commissioner may use no more
than $15,000 of the appropriation for
administration of the grant program. The base
for this appropriation is $500,000 for fiscal
year 2024 and later.
new text end
new text begin Subd. 4. new text end
new text begin
Owatonna Learn to Earn Coalition;
|
new text begin
-0- new text end |
new text begin
980,000 new text end |
||||
new text begin
This appropriation is for a grant to the
Owatonna Learn to Earn Coalition to help the
Owatonna and Steele County region grow and
retain a talented workforce. This is a onetime
appropriation and is available until June 30,
2024. Of this amount:
new text end
new text begin
(1) $900,000 is to develop educational learning
spaces with state-of-the-art equipment and
student support services in high-demand career
pathway programs. Of this amount, $306,000
is to equip the new Owatonna High School's
Industrial Technology classrooms with
state-of-the-art equipment to introduce
students to high-skill, high-wage, technical
careers, and $594,000 is to equip the
Owatonna Riverland Community College
Campus with state-of-the-art instructional
equipment to offer credit and noncredit
technical programs in automation robotics
engineering technology and information
technology; and
new text end
new text begin
(2) $80,000 is to create learn to earn
opportunities for students and employers by
engaging employers in the Owatonna
community to offer tuition reimbursement or
scholarships and part-time work and school
schedules to employees who agree to continue
their education while working for them.
new text end
new text begin Subd. 5. new text end
new text begin
Owatonna Learn to Earn Coalition;
|
new text begin
-0- new text end |
new text begin
20,000 new text end |
||||
new text begin
For transfer to the commissioner of
employment and economic development for
a grant to the Owatonna Learn to Earn
Coalition to conduct a comprehensive local
needs assessment to examine current and
future workforce needs in the region. The
coalition shall retain a consultant and utilize
state demographer resources to involve
education, business, and community
stakeholders to guide the high school's career
pathways, the college's programs of study, and
the business's support of work-based learning
programs that help them recruit, develop, and
retain a vibrant workforce to keep the regional
economy strong. This is a onetime
appropriation and is available until June 30,
2024.
new text end
Sec. 3. new text begin BOARD OF REGENTS OF THE
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
454,000 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
Operations and Maintenance
|
new text begin
-0- new text end |
new text begin
454,000 new text end |
||||
new text begin
$454,000 in fiscal year 2023 is to improve
campus safety, bolstering the technology
infrastructure with cameras and strategic
information accessibility, and provide a safe
campus by increasing security and full-time
law enforcement presence. The base for this
appropriation is $2,390,000 for fiscal year
2024 and later.
new text end
Sec. 4.
Laws 2021, First Special Session chapter 2, article 1, section 2, subdivision 1, is
amended to read:
Subdivision 1.Total Appropriation
|
$ |
271,702,000 |
$ |
deleted text begin
274,269,000 deleted text end new text begin 275,019,000 new text end |
||
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
Sec. 5.
Laws 2021, First Special Session chapter 2, article 1, section 2, subdivision 9, is
amended to read:
Subd. 9.Intervention for College Attendance
|
1,143,000 |
1,142,000 |
||||
For the intervention for college attendance
program under Minnesota Statutes, section
136A.861.
The commissioner may use no more than deleted text begin three
percentdeleted text end new text begin $34,000 each yearnew text end of this appropriation
to administer the intervention for college
attendance program grants.
Sec. 6.
Laws 2021, First Special Session chapter 2, article 1, section 2, subdivision 19, is
amended to read:
Subd. 19.Spinal Cord Injury and Traumatic
|
3,000,000 |
3,000,000 |
||||
For transfer to the spinal cord and traumatic
brain injury grant account in the special
revenue fund under Minnesota Statutes,
section 136A.901, subdivision 1.
The commissioner may use no more than deleted text begin three
percentdeleted text end new text begin $90,000 each yearnew text end of the amount
transferred under this subdivision to administer
the grant program.
Sec. 7.
Laws 2021, First Special Session chapter 2, article 1, section 2, subdivision 20, is
amended to read:
Subd. 20.Summer Academic Enrichment
|
250,000 |
250,000 |
||||
For summer academic enrichment grants under
Minnesota Statutes, section 136A.091.
The commissioner may use no more than deleted text begin three
percentdeleted text end new text begin $8,000 each yearnew text end of this appropriation
to administer the grant program under this
subdivision.
Sec. 8.
Laws 2021, First Special Session chapter 2, article 1, section 2, subdivision 25, is
amended to read:
Subd. 25.Grants to Student Teachers in
|
500,000 |
500,000 |
||||
For grants to student teachers in shortage areas
under Minnesota Statutes, section 136A.1275.
The commissioner may use no more than deleted text begin three
percentdeleted text end new text begin $15,000 each yearnew text end of the appropriation
for administration of the program.
Sec. 9.
Laws 2021, First Special Session chapter 2, article 1, section 2, subdivision 26, is
amended to read:
Subd. 26.Grants to Underrepresented Student
|
1,000,000 |
deleted text begin
1,000,000
deleted text end
new text begin
1,250,000 new text end |
||||
For grants to underrepresented student teachers
under Minnesota Statutes, section 136A.1274.
The commissioner may use no more than deleted text begin three
percentdeleted text end new text begin $30,000 the first year and $38,000 the
second yearnew text end of the appropriation for
administration of the program.
The base for this appropriation is deleted text begin $1,125,000deleted text end new text begin
$1,250,000new text end in fiscal year 2024 and later.
Sec. 10.
Laws 2021, First Special Session chapter 2, article 1, section 2, subdivision 27,
is amended to read:
Subd. 27.Teacher Shortage Loan Repayment
|
200,000 |
200,000 |
||||
For transfer to the teacher shortage loan
repayment account in the special revenue fund
under Minnesota Statutes, section 136A.1791,
subdivision 8.
The commissioner may use no more than deleted text begin three
percentdeleted text end new text begin $6,000 each yearnew text end of the amount
transferred under this subdivision to administer
the program.
Sec. 11.
Laws 2021, First Special Session chapter 2, article 1, section 2, subdivision 33,
is amended to read:
Subd. 33.Minnesota Independence College and
|
1,250,000 |
deleted text begin
1,250,000
deleted text end
new text begin
1,750,000 new text end |
||||
For a grant to Minnesota Independence
College and Community for need-based
scholarships and tuition reduction. Beginning
with students first enrolled in the fall of 2019,
eligibility is limited to resident students as
defined in Minnesota Statutes, section
136A.101, subdivision 8.
The base for this appropriation is deleted text begin $1,000,000deleted text end new text begin
$1,207,000new text end in fiscal year 2024 and later.
Sec. 12.
Laws 2021, First Special Session chapter 2, article 1, section 2, subdivision 34,
is amended to read:
Subd. 34.Student Loan Debt Counseling
|
200,000 |
200,000 |
||||
For student loan debt counseling under
Minnesota Statutes, section 136A.1788.
The Office of Higher Education may use no
more than deleted text begin three percentdeleted text end new text begin $6,000 each yearnew text end of
the appropriation to administer the student
loan debt counseling program.
Sec. 13.
Laws 2021, First Special Session chapter 2, article 1, section 2, subdivision 38,
is amended to read:
Subd. 38.Aspiring Teachers of Color
|
1,500,000 |
1,500,000 |
||||
(a) This appropriation is for the aspiring
teachers of color scholarship pilot program
under article 2, section 45.
(b) The commissioner of the Office of Higher
Education may use no more than deleted text begin three percentdeleted text end new text begin
$45,000 each yearnew text end of the appropriation to
administer the aspiring teachers of color
scholarship program.
(c) This is a onetime appropriation. The base
for this appropriation is $0 in fiscal year 2024
and later. Notwithstanding Minnesota Statutes,
section 16A.28, unencumbered balances under
this subdivision do not cancel until July 1,
2025.
Sec. 14.
Laws 2021, First Special Session chapter 2, article 1, section 3, subdivision 1, is
amended to read:
Subdivision 1.Total Appropriation
|
$ |
791,992,000 |
$ |
deleted text begin
789,491,000 deleted text end new text begin 800,140,000 new text end |
||
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
Sec. 15.
Laws 2021, First Special Session chapter 2, article 1, section 3, subdivision 3, is
amended to read:
Subd. 3.Operations and Maintenance
|
753,795,000 |
deleted text begin
751,295,000
deleted text end
new text begin
761,944,000 new text end |
||||
(a) The Board of Trustees must establish
tuition rates as follows:
(1) for the 2021-2022 and 2022-2023
academic years, tuition rates for undergraduate
students at colleges and universities must not
be increased by more than 3.5 percent as
compared to the previous academic year,
except that a university may change base
tuition to adjust for the reduction of online
differential charges provided the change is
revenue-neutral; and
(2) the student tuition relief may not be offset
by increases in mandatory fees, charges, or
other assessments to the student. Colleges and
universities are permitted to increase
differential tuition charges in fiscal years 2022
and 2023 where costs for course or program
delivery have increased due to extraordinary
circumstances beyond the control of the
college or university. Rates and rationale must
be approved by the Board of Trustees.
(b) The Board of Trustees must request
guidance from the United States Department
of Education regarding whether it is
permissible to allocate federal funds received
under section 314 of the Consolidated
Appropriations Act, 2021, as provided by
Public Law 116-260, and section 2003 of the
American Rescue Plan Act, as provided by
Public Law 117-2, to provide a tuition credit
for enrolled students or refund for students
who are no longer enrolled in an amount equal
to the amount of the online differential tuition
rate charged to students for courses moved
online due to the coronavirus pandemic during
the 2020-2021 academic year that were not
offered as online courses during the previous
academic year. If the department advises that
this is a permissible use of the federal funds,
institutions must issue such tuition credits to
enrolled students and must inform students
who are no longer enrolled in the institution
of their eligibility for a refund. In order to
receive a refund, the student must apply for
the refund.
(c) $5,700,000 in fiscal year 2022 and
$5,700,000 in fiscal year 2023 are to provide
supplemental aid for operations and
maintenance to the president of each two-year
institution in the system with at least one
campus that is not located in a metropolitan
county, as defined in Minnesota Statutes,
section 473.121, subdivision 4. The board
shall transfer at least $158,000 for each
campus not located in a metropolitan county
in each year to the president of each institution
that includes such a campus.
(d) The Board of Trustees is requested to help
Minnesota close the attainment gap by funding
activities which improve retention and
completion for students of color.
(e) $4,500,000 in fiscal year 2022 and
deleted text begin $4,500,000deleted text end new text begin $14,500,000new text end in fiscal year 2023
are for workforce development scholarships
under Minnesota Statutes, section 136F.38.
new text begin Of this appropriation, up to $200,000 is
available in each year to administer the
program.new text end new text begin Of this amount, $7,500,000 in the
second year and later must be used for
scholarships to students enrolled in a law
enforcement program of study. If there is a
balance of unobligated funds to law
enforcement students by February 15 of each
year, the board may reallocate the balance to
other purposes under this paragraph. The base
for this appropriation is $9,500,000 for fiscal
year 2024 and later.
new text end
(f) $300,000 in fiscal year 2022 and $300,000
in fiscal year 2023 are for transfer to the Cook
County Higher Education Board to provide
educational programming, workforce
development, and academic support services
to remote regions in northeastern Minnesota.
The Cook County Higher Education Board
shall continue to provide information to the
Board of Trustees on the number of students
served, credit hours delivered, and services
provided to students.
(g) This appropriation includes $40,000 in
fiscal year 2022 and $40,000 in fiscal year
2023 to implement the sexual assault policies
required under Minnesota Statutes, section
135A.15.
(h) This appropriation includes $8,000,000 in
fiscal year 2022 and $8,000,000 in fiscal year
2023 for upgrading the Integrated Statewide
Record System.
(i) This appropriation includes $250,000 in
fiscal year 2022 and $250,000 in fiscal year
2023 to implement the Z-Degree program
under Minnesota Statutes, section 136F.305.
The base for this appropriation is $50,000 in
fiscal year 2024 and later.
(j) $1,500,000 in fiscal year 2022 is for the
mental health awareness program for students
required under Minnesota Statutes, section
136F.20, subdivision 4. Of this amount:
$500,000 must be used for training
opportunities under Minnesota Statutes,
section 136F.20, subdivision 4, paragraph (a),
clause (2); and $200,000 must be used for
grants to colleges and universities to establish
peer support pilot programs in Minnesota
Statutes, section 136F.20, subdivision 4,
paragraph (c). The Board of Trustees shall
convene a committee that includes students to
review and approve grant applications.
Notwithstanding Minnesota Statutes, section
16A.28, unencumbered balances under this
paragraph do not cancel until July 1, 2025.
(k) $1,000,000 in fiscal year 2022 is for
colleges and universities to comply with the
student basic needs requirements under
Minnesota Statutes, section 136F.202. The
Board of Trustees must use at least 25 percent
of this appropriation for grants to colleges and
universities to comply with Minnesota
Statutes, section 136F.202, subdivision 1,
paragraph (a). The board must use a
consultation and committee process that
includes students to review and approve grant
applications. Notwithstanding Minnesota
Statutes, section 16A.28, unencumbered
balances under this paragraph do not cancel
until July 1, 2025.
(l) The total operations and maintenance base
for fiscal year 2024 and later is deleted text begin $751,095,000deleted text end new text begin
$756,095,000new text end .
Sec. 16.
Laws 2021, First Special Session chapter 2, article 1, section 4, subdivision 1, is
amended to read:
Subdivision 1.Total Appropriation
|
$ |
692,813,000 |
$ |
deleted text begin
692,813,000 deleted text end new text begin 694,813,000 new text end |
||
| Appropriations by Fund |
||
| 2022 |
2023 |
|
| General |
690,656,000 |
deleted text begin
690,656,000
deleted text end
new text begin
692,656,000 new text end |
| Health Care Access |
2,157,000 |
2,157,000 |
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
Sec. 17.
Laws 2021, First Special Session chapter 2, article 1, section 4, subdivision 4, is
amended to read:
Subd. 4.Special Appropriations
|
||||||
| (a) Agriculture and Extension Service |
42,922,000 |
42,922,000 |
||||
For the Agricultural Experiment Station and
the Minnesota Extension Service:
(1) the agricultural experiment stations and
Minnesota Extension Service must convene
agricultural advisory groups to focus research,
education, and extension activities on producer
needs and implement an outreach strategy that
more effectively and rapidly transfers research
results and best practices to producers
throughout the state;
(2) this appropriation includes funding for
research and outreach on the production of
renewable energy from Minnesota biomass
resources, including agronomic crops, plant
and animal wastes, and native plants or trees.
The following areas should be prioritized and
carried out in consultation with Minnesota
producers, renewable energy, and bioenergy
organizations:
(i) biofuel and other energy production from
perennial crops, small grains, row crops, and
forestry products in conjunction with the
Natural Resources Research Institute (NRRI);
(ii) alternative bioenergy crops and cropping
systems; and
(iii) biofuel coproducts used for livestock feed;
(3) this appropriation includes funding for the
College of Food, Agricultural, and Natural
Resources Sciences to establish and provide
leadership for organic agronomic,
horticultural, livestock, and food systems
research, education, and outreach and for the
purchase of state-of-the-art laboratory,
planting, tilling, harvesting, and processing
equipment necessary for this project;
(4) this appropriation includes funding for
research efforts that demonstrate a renewed
emphasis on the needs of the state's agriculture
community. The following areas should be
prioritized and carried out in consultation with
Minnesota farm organizations:
(i) vegetable crop research with priority for
extending the Minnesota vegetable growing
season;
(ii) fertilizer and soil fertility research and
development;
(iii) soil, groundwater, and surface water
conservation practices and contaminant
reduction research;
(iv) discovering and developing plant varieties
that use nutrients more efficiently;
(v) breeding and development of turf seed and
other biomass resources in all three Minnesota
biomes;
(vi) development of new disease-resistant and
pest-resistant varieties of turf and agronomic
crops;
(vii) utilizing plant and livestock cells to treat
and cure human diseases;
(viii) the development of dairy coproducts;
(ix) a rapid agricultural response fund for
current or emerging animal, plant, and insect
problems affecting production or food safety;
(x) crop pest and animal disease research;
(xi) developing animal agriculture that is
capable of sustainably feeding the world;
(xii) consumer food safety education and
outreach;
(xiii) programs to meet the research and
outreach needs of organic livestock and crop
farmers; and
(xiv) alternative bioenergy crops and cropping
systems; and growing, harvesting, and
transporting biomass plant material; and
(5) by February 1, 2023, the Board of Regents
must submit a report to the legislative
committees and divisions with jurisdiction
over agriculture and higher education finance
on the status and outcomes of research and
initiatives funded in this paragraph.
| (b) Health Sciences |
9,204,000 |
9,204,000 |
||||
$346,000 each year is to support up to 12
resident physicians in the St. Cloud Hospital
family practice residency program. The
program must prepare doctors to practice
primary care medicine in rural areas of the
state. The legislature intends this program to
improve health care in rural communities,
provide affordable access to appropriate
medical care, and manage the treatment of
patients in a more cost-effective manner. The
remainder of this appropriation is for the rural
physicians associates program; the Veterinary
Diagnostic Laboratory; health sciences
research; dental care; the Biomedical
Engineering Center; and the collaborative
partnership between the University of
Minnesota and Mayo Clinic for regenerative
medicine, research, clinical translation, and
commercialization.
| (c) College of Science and Engineering |
1,140,000 |
1,140,000 |
||||
For the geological survey and the talented
youth mathematics program.
| (d) System Special |
7,431,000 |
deleted text begin
7,431,000
deleted text end
new text begin
9,431,000 new text end |
||||
For general research, the Labor Education
Service, Natural Resources Research Institute,
Center for Urban and Regional Affairs, Bell
Museum of Natural History, and the
Humphrey exhibit.
$2,250,000 in fiscal year 2022 and deleted text begin $2,250,000deleted text end new text begin
$4,250,000new text end in fiscal year 2023 are for the
Natural Resources Research Institute to invest
in applied research for economic development.
The base for this appropriation is $7,181,000
in fiscal year 2024 and later and, of this
amount, $2,000,000 per fiscal year is for the
Natural Resources Research Institute to invest
in applied research for economic development.
| (e) University of Minnesota and Mayo Foundation Partnership |
7,991,000 |
7,991,000 |
||||
This appropriation is for the following
activities:
(1) $7,491,000 in fiscal year 2022 and
$7,491,000 in fiscal year 2023 are for the
direct and indirect expenses of the
collaborative research partnership between the
University of Minnesota and the Mayo
Foundation for research in biotechnology and
medical genomics. An annual report on the
expenditure of these funds must be submitted
to the governor and the chairs of the legislative
committees responsible for higher education
finance by June 30 of each fiscal year.
(2) $500,000 in fiscal year 2022 and $500,000
in fiscal year 2023 are to award competitive
grants to conduct research into the prevention,
treatment, causes, and cures of Alzheimer's
disease and other dementias.
Sec. 18. new text begin EDUCATION APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Department of Education. new text end
new text begin
The sum indicated in this section is
appropriated from the general fund to the Department of Education for the fiscal year
designated. This sum is in addition to appropriations made for the same purpose in any other
law.
new text end
new text begin Subd. 2. new text end
new text begin General education aid. new text end
new text begin
For general education aid under Minnesota Statutes,
section 126C.13, subdivision 4:
new text end
|
new text begin
$ new text end |
new text begin
24,000 new text end |
new text begin
..... new text end |
new text begin
2023 new text end |
new text begin
The 2023 appropriation includes $0 for 2022 and $24,000 for 2023.
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 2
HIGHER EDUCATION PROVISIONS
Section 1.
new text begin
[124D.351] SKILLS PATH PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
The purpose of the skills path program is to provide students
with clear pathways from high school to careers in skilled work and the trades and create
opportunities for students to enter postsecondary programs and employment-based training
in high school.
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) "Career and technical education dual credit program" means a postsecondary career
or technical education course under section 124D.09, subdivision 5a; a secondary course
that has a current articulation agreement for postsecondary credit hours with a participating
institution; or a youth skills training program that awards postsecondary credit to students.
new text end
new text begin
(c) "Employment-based training" means a registered apprenticeship or apprenticeship
readiness program, a dual-training program, a workforce training program at an opportunities
industrialization center, or other work-based learning programs in which the student has
paid employment.
new text end
new text begin Subd. 3. new text end
new text begin Eligible institutions. new text end
new text begin
(a) A secondary public school, an American
Indian-controlled Tribal contract or grant school eligible for aid under section 124D.83, a
vocational center school, a nonpublic school, or any combination of schools is eligible to
apply for a skills path program designation.
new text end
new text begin
(b) A Minnesota state college or university, an institution licensed or registered as a
postsecondary institution by the Office of Higher Education, or an institution exempt from
the provisions of sections 136A.61 to 136A.71 or 136A.822 to 136A.834, as approved by
the Office of Higher Education, may partner with an institution in paragraph (a) to provide
a postsecondary options enrollment career and technical education course for eligible students
in a skills path program.
new text end
new text begin
(c) An eligible institution may work in partnership with one or more postsecondary
programs designated in paragraph (b) to create a two-year program that incorporates
secondary and postsecondary credit along with employment-based training to award an
associate degree in skilled occupations.
new text end
new text begin Subd. 4. new text end
new text begin Skills path programs. new text end
new text begin
The commissioner of higher education must develop
an application consistent with section 136A.247, and may consult with the commissioners
of education and labor and industry, for programs that provide students with clear pathways
from high school to careers in skilled work and the trades to be designated as skills path
programs. Skills path programs must include career-connected learning options, career and
technical education dual credit program options, and employment-based training opportunities
to be eligible for this designation. Applicants must demonstrate how skills path programs
will be marketed to students and what other local partners and employers are involved in
developing career pathway opportunities. Skills path programs may be identified in skilled
occupations and the trades, including manufacturing, construction, health care services,
information technology, agriculture, transportation, child care, law enforcement, energy,
and other related industries.
new text end
new text begin Subd. 5. new text end
new text begin Interaction with education finance. new text end
new text begin
For the purpose of computing state aids
for the school district, students participating in the skills path programs under this section
shall be counted in the average daily membership of the school district.
new text end
new text begin Subd. 6. new text end
new text begin Academic credit. new text end
new text begin
A school district may grant academic credit for skills path
programs under this section in accordance with local requirements.
new text end
Sec. 2.
Minnesota Statutes 2020, section 136A.103, is amended to read:
136A.103 INSTITUTION ELIGIBILITY REQUIREMENTS.
(a) A postsecondary institution is eligible for state student aid under chapter 136A and
sections 197.791 and 299A.45, if the institution deleted text begin is located in this state anddeleted text end :
(1) is operated by this state or the Board of Regents of the University of Minnesota; deleted text begin or
deleted text end
(2) is operated privatelynew text begin , is located in the state,new text end and, as determined by the office, meets
the requirements of paragraph (b)new text begin ; or
new text end
new text begin
(3) is a university that:
new text end
new text begin
(i) is a nonprofit entity as defined by Internal Revenue Code, section 501(c)(3);
new text end
new text begin
(ii) is accredited by the institutional accreditor, Northwest Commission on Colleges and
Universities;
new text end
new text begin
(iii) provides online education;
new text end
new text begin
(iv) offers exclusively competency-based education; and
new text end
new text begin
(v) as determined by the office, meets the requirements of paragraph (b).
new text end
new text begin For purposes of this clause, competency-based education means an educational delivery
model which organizes academic content by competency rather than more traditional
methods, such as by course, and measures a student's academic progress by assessing learning
outcomes, typically on the basis of mastery of a defined set of competency standardsnew text end .
(b) A private institution must:
(1) maintain academic standards substantially equivalent to those of comparable
institutions operated in this state;
(2) be licensed or registered as a postsecondary institution by the office; and
(3)(i) by July 1, 2010, participate in the federal Pell Grant program under Title IV of
the Higher Education Act of 1965, Public Law 89-329, as amended; or
(ii) if an institution was participating in state student aid programs as of June 30, 2010,
and the institution did not participate in the federal Pell Grant program by June 30, 2010,
the institution must require every student who enrolls to sign a disclosure form, provided
by the office, stating that the institution is not participating in the federal Pell Grant program.
(c) An institution that offers only graduate-level degrees or graduate-level nondegree
programs is an eligible institution if the institution is licensed or registered as a postsecondary
institution by the office.
(d) An eligible institution under paragraph (b), clause (3), item (ii), that changes
ownership as defined in section 136A.63, subdivision 2, must participate in the federal Pell
Grant program within four calendar years of the first ownership change to continue eligibility.
(e) An institution that loses its eligibility for the federal Pell Grant program is not an
eligible institution. The office may terminate an institution's eligibility to participate in state
student aid programs effective the date of the loss of eligibility for the federal Pell Grant
program.
(f) An institution must maintain adequate administrative and financial standards and
compliance with all state statutes, rules, and administrative policies related to state financial
aid programs.
(g) The office may terminate a postsecondary institution's eligibility to participate in
state student aid programs if the institution is terminated from participating in federal
financial aid programs by the United States Department of Education for a violation of laws,
regulations, or participation agreements governing federal financial aid programs.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 3.
new text begin
[136A.1213] GRANTS FOR STUDENTS PURSUING LAW ENFORCEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Grant amount; eligibility. new text end
new text begin
(a) A student is eligible for a $3,000 annual
grant, awarded at the beginning of the academic term and distributed evenly between two
terms, if the student:
new text end
new text begin
(1) meets the eligibility requirements in section 136A.121, subdivision 2;
new text end
new text begin
(2) is enrolled for at least nine credits in a law enforcement degree program or a nondegree
program under section 626.84, subdivision 1, paragraph (g);
new text end
new text begin
(3) attends an eligible institution as defined in section 136A.103; and
new text end
new text begin
(4) is making satisfactory academic progress as defined under section 136A.101,
subdivision 10.
new text end
new text begin
(b) The lifetime limit for:
new text end
new text begin
(1) nondegree students is $3,000;
new text end
new text begin
(2) associate degree students is $6,000; and
new text end
new text begin
(3) baccalaureate degree students is $12,000.
new text end
new text begin Subd. 2. new text end
new text begin Application. new text end
new text begin
To receive a grant under this section, a student must apply in the
form and manner specified by the commissioner.
new text end
Sec. 4.
new text begin
[136A.247] SKILLS PATH GRANT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Grant amount. new text end
new text begin
The commissioner of higher education shall award grants
up to $50,000 per grant to up to ten secondary schools annually for skills path programs
under section 124D.351 that align career and technical education dual credit program options
with employment-based training opportunities. Applications must demonstrate how grant
funding will provide students with clear pathways from high school to postsecondary training
that lead to careers in skilled work and the trades. The commissioner of higher education
may work with the commissioner of education and the commissioner of labor and industry
to develop the grant application and administer the grants.
new text end
new text begin Subd. 2. new text end
new text begin Grant uses. new text end
new text begin
(a) A secondary school 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) marketing efforts to students about skills path program opportunities;
new text end
new text begin
(2) coordinating academic, vocational, and occupational learning; school-based and
work-based learning; and secondary and postsecondary education for participants in the
program;
new text end
new text begin
(3) reimbursement of tuition, books, required tools, and other expenses necessary for
participation in the program; and
new text end
new text begin
(4) any other implementation or coordination activity that the commissioner may direct
or permit the eligible institution to perform.
new text end
new text begin
(b) Grant awards may not be used to pay the wages of a student directly or indirectly.
new text end
new text begin Subd. 3. new text end
new text begin Grant application. new text end
new text begin
The following information must be included in the grant
application:
new text end
new text begin
(1) the identity of each secondary school that is a participant in the skills path program;
new text end
new text begin
(2) the identity of each registered apprenticeship program or apprenticeship readiness
program, dual-training program, workforce training program at an opportunities
industrialization center, or other work-based learning program in which the student has the
opportunity for paid employment that is a participant in the skills path program;
new text end
new text begin
(3) the identity of each postsecondary institution, intermediate school district, public
agency, nonprofit organization, union, career and technical education consortium, or
workforce development authority that is a participant in the skills path program;
new text end
new text begin
(4) the identity of any employers participating in the skills path program;
new text end
new text begin
(5) a description of any career-connected learning components;
new text end
new text begin
(6) a description of the career and technical education dual-credit program options;
new text end
new text begin
(7) a description of any postsecondary education components in the skills path program;
new text end
new text begin
(8) a description of employment-based training opportunities; and
new text end
new text begin
(9) applicable career planning information.
new text end
Sec. 5.
Minnesota Statutes 2020, section 136F.02, subdivision 1, is amended to read:
Subdivision 1.
Membership.
The board consists of 15 members appointed by the
governor, including three members who are students who have attended an institution for
at least one year and are enrolled at the time of appointment at least half time in a degree,
diploma, or certificate program in an institution governed by the board. The student members
shall include one member from a community college, one member from a state university,
and one member from a technical college. One member representing labor must be appointed
after considering the recommendations made under section 136F.045. The governor is not
bound by the recommendations. Appointments to the board are with the advice and consent
of the senate. At least one member of the board must be a resident of each congressional
district. All other members must be appointed to represent the state at large. In selecting
appointees, the governor must consider the needs of the board and the balance of the board
membership with respect to labor and business representation deleted text begin anddeleted text end new text begin ;new text end racial, gender, geographic,
and ethnic compositionnew text begin ; and occupation and experience. In selecting appointees, the governor
must consider the needs of the board for skills relevant to the governance of the Minnesota
State Colleges and Universities and the candidate's ability to discharge the responsibilities
of the boardnew text end .
A commissioner of a state agency may not serve as a member of the board.
Sec. 6.
Minnesota Statutes 2020, section 136F.302, subdivision 1, is amended to read:
Subdivision 1.
ACT or SAT college ready score; Minnesota Comprehensive
Assessment career and college ready benchmarks.
(a) A state college or university must
not require an individual to take a deleted text begin remedialdeleted text end new text begin developmentalnew text end , noncredit course in a subject
area if the individual has received a college ready ACT or SAT score or met a career and
college ready Minnesota Comprehensive Assessment benchmark in that subject area. Only
the ACT and SAT scores an individual received and the Minnesota Comprehensive
Assessment benchmarks an individual met in the previous five years are valid for purposes
of this section. Each state college and university must post notice of the exemption from
deleted text begin remedialdeleted text end new text begin developmentalnew text end course taking on its website explaining student course placement
requirements.new text begin Prior to enrolling an individual in a developmental course, a college or
university must (1) determine if the individual's performance on the ACT, SAT, or Minnesota
Comprehensive Assessments exempts the individual from the developmental course under
this paragraph, and (2) inform the individual if a developmental course is required.
new text end
(b) When deciding if an individual is admitted to or if an individual may enroll in a state
college or university, the state college or university must consider the individual's scores
on the high school Minnesota Comprehensive Assessments, in addition to other factors
determined relevant by the college or university.
Sec. 7.
Minnesota Statutes 2020, section 136F.302, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Testingdeleted text end Process for determining if deleted text begin remediatingdeleted text end new text begin developmental educationnew text end
is necessary.
new text begin
(a) A college or university must not determine if an individual is placed in a
developmental, noncredit course based solely on a testing process. A state college or
university may use multiple measures to make a holistic determination on whether to place
an individual in a developmental course. Multiple measures may include:
new text end
new text begin
(1) testing under paragraph (b);
new text end
new text begin
(2) the individual's scores on the high school Minnesota Comprehensive Assessments,
the ACT, or the SAT;
new text end
new text begin
(3) high school grade point average;
new text end
new text begin
(4) teacher recommendations; and
new text end
new text begin
(5) other factors determined relevant by the college or university.
new text end
new text begin (b) new text end A college or university testing process used to determine whether an individual is
placed in a deleted text begin remedialdeleted text end new text begin developmentalnew text end , noncredit course must comply with this subdivision.
Prior to taking a test, an individual must be given reasonable time and opportunity to review
materials provided by the college or university covering the material to be tested which
must include a sample test. An individual who is required to take a deleted text begin remedialdeleted text end new text begin developmentalnew text end ,
noncredit course as a result of a test given by a college or university must be given an
opportunity to retake the test at the earliest time determined by the individual when testing
is otherwise offered. The college or university must provide an individual with study materials
for the purpose of retaking and passing the test.
Sec. 8.
Minnesota Statutes 2020, section 136F.38, subdivision 2, is amended to read:
Subd. 2.
Scholarship awards.
The program shall award scholarships at the beginning
of an academic term, in the amount of $2,500new text begin , or $5,000 for law enforcement studentsnew text end , to
be distributed evenly between two terms.
Sec. 9.
Minnesota Statutes 2021 Supplement, section 136F.38, subdivision 3, is amended
to read:
Subd. 3.
Program eligibility.
(a) Scholarships shall be awarded only to a student eligible
for resident tuition, as defined in section 135A.043, who is enrolled in any of the following
programs of study or certification: (1) advanced manufacturing; (2) agriculture; (3) health
care services; (4) information technology; (5) early childhood; (6) transportation; deleted text begin ordeleted text end (7)new text begin
construction; (8) law enforcement; or (9)new text end a program of study under paragraph (b).
(b) Each institution may add one additional area of study or certification, based on a
workforce shortage for full-time employment requiring postsecondary education that is
unique to the institution's specific region, as reported in the most recent Department of
Employment and Economic Development job vacancy survey data for the economic
development region in which the institution is located. A workforce shortage area is one in
which the job vacancy rate for full-time employment in a specific occupation in a region is
higher than the state average vacancy rate for that same occupation. The institution may
change the area of study or certification based on new data once every two years.
(c) The student must be enrolled for at least nine credits in a two-year college in the
Minnesota State Colleges and Universities system to be eligible for first- and second-year
scholarships.
(d) The student is eligible for a one-year transfer scholarship if the student transfers from
a two-year college after two or more terms, and the student is enrolled for at least nine
credits in a four-year university in the Minnesota State Colleges and Universities system.
Sec. 10.
Minnesota Statutes 2020, section 136F.38, subdivision 4, is amended to read:
Subd. 4.
Renewal; cap.
A student who has received a scholarship may apply again but
total lifetime awards are not to exceed $7,500 per studentnew text begin , or $15,000 for law enforcement
studentsnew text end . Students may only be awarded a second scholarship upon completion of two
academic terms. Students may be awarded a third scholarship if the student transfers to a
corresponding program at a Minnesota state university.
Sec. 11.
Minnesota Statutes 2020, section 137.022, subdivision 4, is amended to read:
Subd. 4.
Mineral research; scholarships.
(a) All income credited after July 1, 1992,
to the permanent university fund from royalties for mining under state mineral leases from
and after July 1, 1991, must be allocated as provided in this subdivision.
(b)(1) Beginning January 1, 2013, 50 percent of the income must be allocated according
to this paragraph. One-half of the income under this paragraph, up to deleted text begin $50,000,000deleted text end new text begin
$100,000,000new text end , must be credited to the mineral research account of the fund to be allocated
for the Natural Resources Research Institute-Duluth and Coleraine facilities, for mineral
and mineral-related research including mineral-related environmental research. The other
one-half of the income under this paragraph, up to $25,000,000, is credited to an endowment
for the costs of operating deleted text begin adeleted text end mining, deleted text begin metallurgicaldeleted text end new text begin mineral, mineral-relatednew text end , or deleted text begin related
engineeringdeleted text end new text begin science, technology, engineering, and mathematics (STEM)new text end degree deleted text begin programdeleted text end new text begin
programsnew text end offered through the University of Minnesota at Mesabi Range Community and
Technical Collegenew text begin and the Swenson College of Science and Engineering at Duluth to support
workforce development and collaborations benefiting regional academics, industry, and
natural resources on the Iron Range in northeast Minnesotanew text end and for scholarships for
new text begin Minnesota new text end students to attend the mining, deleted text begin metallurgical, or related engineering programdeleted text end new text begin
mineral, mineral-related, or STEM programsnew text end . The maximum scholarship awarded to attend
the deleted text begin mining, metallurgical, or related engineeringdeleted text end degree deleted text begin programdeleted text end new text begin programsnew text end funded under
this paragraph cannot exceed deleted text begin $6,500deleted text end new text begin 75 percent of current in-state tuition ratesnew text end per academic
year and may be awarded a maximum of four academic years.
(2) The remainder of the income under paragraph (a) plus the amount of any income
under clause (1) after deleted text begin $50,000,000deleted text end new text begin $100,000,000new text end has been credited to the mineral research
account for the Natural Resources Research Institute and the amount of any income over
the $25,000,000 for the deleted text begin engineering programdeleted text end new text begin programming in clause (1)new text end must be credited
to the endowed scholarship account of the fund for distribution annually for scholastic
achievement as provided by the Board of Regents to undergraduates enrolled at the University
of Minnesota who are resident students as defined in section 136A.101, subdivision 8.
(c) The annual distribution from the endowed scholarship account must be allocated to
the various campuses of the University of Minnesota in proportion to the number of
undergraduate resident students enrolled on each campus.
(d) The Board of Regents must report to the education committees of the legislature
biennially at the time of the submission of its budget request on the disbursement of money
from the endowed scholarship account and to the environment and natural resources
committees on the use of the mineral research account.
(e) Capital gains and losses and portfolio income of the permanent university fund must
be credited to its three accounts in proportion to the market value of each account.
(f) The endowment support from the income and capital gains of the endowed mineral
research and endowed scholarship accounts of the fund must not total more than six percent
per year of the 36-month trailing average market value of the account from which the support
is derived.
Sec. 12. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall substitute the term "developmental" for "remedial" wherever
the term refers to remedial education courses at a postsecondary institution. The revisor
shall also make grammatical changes related to the changes in terms to preserve the meaning
of the text.
new text end
Sec. 13. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, section 136F.03,
new text end
new text begin
is repealed.
new text end
ARTICLE 3
MINNESOTA HEALTH AND EDUCATION FACILITIES AUTHORITY
Section 1.
Minnesota Statutes 2020, section 136A.25, is amended to read:
136A.25 CREATION.
A state agency known as the Minnesota deleted text begin Higherdeleted text end new text begin Health and new text end Education Facilities Authority
is hereby created.
Sec. 2.
Minnesota Statutes 2020, section 136A.26, is amended to read:
136A.26 MEMBERSHIPS; OFFICERS; COMPENSATION; REMOVAL.
Subdivision 1.
Membership.
The Minnesota deleted text begin Higherdeleted text end new text begin Health andnew text end Education Facilities
Authority shall consist of deleted text begin eightdeleted text end new text begin ninenew text end members appointed by the governor with the advice
and consent of the senate, and a representative of the deleted text begin officedeleted text end new text begin Office of Higher Educationnew text end .
All members to be appointed by the governor shall be residents of the state. At least two
members must reside outside the metropolitan area as defined in section 473.121, subdivision
2. At least one of the members shall be a person having a favorable reputation for skill,
knowledge, and experience in the field of state and municipal finance; deleted text begin anddeleted text end at least one shall
be a person having a favorable reputation for skill, knowledge, and experience in the building
construction field; deleted text begin anddeleted text end at least one of the members shall be a trustee, director, officer, or
employee of an institution of higher educationnew text begin ; and at least one of the members shall be a
trustee, director, officer, or employee of a health care organizationnew text end .
Subd. 1a.
Private College Council member.
The president of the Minnesota Private
College Council, or the president's designee, shall serve without compensation as an advisory,
nonvoting member of the authority.
new text begin Subd. 1b. new text end
new text begin Nonprofit health care association member. new text end
new text begin
The chief executive officer of
a Minnesota nonprofit membership association whose members are primarily nonprofit
health care organizations, or the chief executive officer's designee, shall serve without
compensation as an advisory, nonvoting member of the authority. The identity of the
Minnesota nonprofit membership association shall be determined and may be changed from
time to time by the members of the authority in accordance with and as shall be provided
in the bylaws of the authority.
new text end
Subd. 2.
Term; compensation; removal.
The membership terms, compensation, removal
of members, and filling of vacancies for authority members other than the representative
of the office, deleted text begin anddeleted text end the president of the Private College Council,new text begin or the chief executive officer
of the Minnesota nonprofit membership association described in subdivision 1bnew text end shall be as
provided in section 15.0575.
Sec. 3.
Minnesota Statutes 2020, section 136A.27, is amended to read:
136A.27 POLICY.
It is hereby declared that for the benefit of the people of the state, the increase of their
commerce, welfare and prosperity and the improvement of their health and living conditions
it is essential that new text begin health care organizations within the state be provided with appropriate
additional means to establish, acquire, construct, improve, and expand health care facilities
in furtherance of their purposes; that new text end this and future generations of youth be given the fullest
opportunity to learn and to develop their intellectual and mental capacities; deleted text begin that it is essentialdeleted text end
that institutions of higher education within the state be provided with appropriate additional
means to assist such youth in achieving the required levels of learning and development of
their intellectual and mental capacitiesnew text begin ;new text end andnew text begin that health care organizations and institutions
of higher educationnew text end be enabled to refinance outstanding indebtedness incurred to provide
existing facilities used for such purposes in order to preserve and enhance the utilization of
facilities for purposes of new text begin health care and new text end higher education, to extend or adjust maturities in
relation to the resources available for their payment, and to save interest costs and thereby
reduce new text begin health care costs or higher education new text end tuition, feesnew text begin ,new text end and chargesdeleted text begin ; anddeleted text end new text begin . It is hereby
further declarednew text end that it is the purpose of sections 136A.25 to 136A.42 to provide a measure
of assistance and an alternative method to enable new text begin health care organizations and new text end institutions
of higher education in the state to provide the facilities and structures which are sorely
needed to accomplish the purposes of sections 136A.25 to 136A.42, all to the public benefit
and good, to the extent and manner provided herein.
Sec. 4.
Minnesota Statutes 2020, section 136A.28, is amended to read:
136A.28 DEFINITIONS.
Subdivision 1.
Scope.
In sections 136A.25 to 136A.42, the following words and terms
shall, unless the context otherwise requires, have the meanings ascribed to them.
new text begin Subd. 1a. new text end
new text begin Affiliate. new text end
new text begin
"Affiliate" means an entity that directly or indirectly controls, is
controlled by, or is under common control with, another entity. For the purposes of this
subdivision, "control" means either the power to elect a majority of the members of the
governing body of an entity or the power, whether by contract or otherwise, to direct the
management and policies of the entity. Affiliate also means an entity whose business or
substantially all of whose property is operated under a lease, management agreement, or
operating agreement by another entity, or an entity who operates the business or substantially
all of the property of another entity under a lease, management agreement, or operating
agreement.
new text end
Subd. 2.
Authority.
"Authority" means the deleted text begin Higherdeleted text end new text begin Health and new text end Education Facilities
Authority created by sections 136A.25 to 136A.42.
Subd. 3.
Project.
"Project" means deleted text begin a structure or structures available for use as a dormitory
or other student housing facility, a dining hall, student union, administration building,
academic building, library, laboratory, research facility, classroom, athletic facility, health
care facility, child care facility, and maintenance, storage, or utility facility and other
structures or facilities related thereto or required or useful for the instruction of students or
the conducting of research or the operation of an institution of higher education, whether
proposed, under construction, or completed, including parking and other facilities or
structures essential or convenient for the orderly conduct of such institution for higher
education, and shall also include landscaping, site preparation, furniture, equipment and
machinery, and other similar items necessary or convenient for the operation of a particular
facility or structure in the manner for which its use is intended but shall not include such
items as books, fuel, supplies, or other items the costs of which are customarily deemed to
result in a current operating charge, and shalldeleted text end new text begin a health care facility or an education facility
whether proposed, under construction, or completed, and includes land or interests in land,
appurtenances, site preparation, landscaping, buildings and structures, systems, fixtures,
furniture, machinery, equipment, and parking. Project also includes other structures, facilities,
improvements, machinery, equipment, and means of transport of a capital nature that are
necessary or convenient for the operation of the facility. Project does new text end not includenew text begin : (1)new text end any
facility used or to be used for sectarian instruction or as a place of religious worship deleted text begin nordeleted text end new text begin ;
(2)new text end any facility which is used or to be used primarily in connection with any part of the
program of a school or department of divinity for any religious denominationnew text begin ; nor (3) any
books, supplies, medicine, medical supplies, fuel, or other items, the cost of which are
customarily deemed to result in a current operating chargenew text end .
Subd. 4.
Cost.
"Cost," as applied to a project or any portion thereof financed under the
provisions of sections 136A.25 to 136A.42, means all or any part of the cost of construction,
acquisition, alteration, enlargement, reconstruction and remodeling of a project including
all lands, structures, real or personal property, rights, rights-of-way, franchises, easements
and interests acquired or used for or in connection with a project, the cost of demolishing
or removing any buildings or structures on land so acquired, including the cost of acquiring
any lands to which deleted text begin suchdeleted text end buildings or structures may be moved, the cost of all machinery
and equipment, financing charges, interest prior to, during and for a period after completion
of such construction and acquisition, provisions for reserves for principal and interest and
for extensions, enlargements, additions and improvements, the cost of architectural,
engineering, financial and legal services, plans, specifications, studies, surveys, estimates
of cost and of revenues, administrative expenses, expenses necessary or incident to
determining the feasibility or practicability of constructing the project and such other
expenses as may be necessary or incident to the construction and acquisition of the project,
the financing of such construction and acquisition and the placing of the project in operation.
Subd. 5.
Bonds.
"Bonds," or "revenue bonds" means revenue bonds of the authority
issued under the provisions of sections 136A.25 to 136A.42, including revenue refunding
bonds, notwithstanding that the same may be secured by mortgage or the full faith and credit
of a participating institution deleted text begin for higher educationdeleted text end or any other lawfully pledged security of
a participating institution deleted text begin for higher educationdeleted text end .
Subd. 6.
Institution of higher education.
"Institution of higher education" means a
nonprofit educational institution within the state authorized to provide a program of education
beyond the high school level.
new text begin Subd. 6a. new text end
new text begin Health care organization. new text end
new text begin
(a) "Health care organization" means a nonprofit
organization located within the state and authorized by law to operate a nonprofit health
care facility in the state. Health care organization also means a nonprofit affiliate of a health
care organization as defined under this paragraph, provided the affiliate is located within
the state or within a state that is geographically contiguous to Minnesota.
new text end
new text begin
(b) Health care organization also means a nonprofit organization located within another
state that is geographically contiguous to Minnesota and authorized by law to operate a
nonprofit health care facility in that state, provided that the nonprofit organization located
within the contiguous state is an affiliate of a health care organization located within the
state.
new text end
new text begin Subd. 6b. new text end
new text begin Education facility. new text end
new text begin
"Education facility" means a structure or structures
available for use as a dormitory or other student housing facility, dining hall, student union,
administration building, academic building, library, laboratory, research facility, classroom,
athletic facility, student health care facility, or child care facility, and includes other facilities
or structures related thereto essential or convenient for the orderly conduct of an institution
of higher education.
new text end
new text begin Subd. 6c. new text end
new text begin Health care facility. new text end
new text begin
(a) "Health care facility" means a structure or structures
available for use within this state as a hospital, clinic, psychiatric residential treatment
facility, birth center, outpatient surgical center, comprehensive outpatient rehabilitation
facility, outpatient physical therapy or speech pathology facility, end-stage renal dialysis
facility, medical laboratory, pharmacy, radiation therapy facility, diagnostic imaging facility,
medical office building, residence for nurses or interns, nursing home, boarding care home,
assisted living facility, residential hospice, intermediate care facility for persons with
developmental disabilities, supervised living facility, housing with services establishment,
board and lodging establishment with special services, adult day care center, day services
facility, prescribed pediatric extended care facility, community residential setting, adult
foster home, or other facility related to medical or health care research, or the delivery or
administration of health care services, and includes other structures or facilities related
thereto essential or convenient for the orderly conduct of a health care organization.
new text end
new text begin
(b) Health care facility also means a facility in a state that is geographically contiguous
to Minnesota operated by a health care organization that corresponds by purpose, function,
or use with a facility listed in paragraph (a).
new text end
Subd. 7.
Participating institution deleted text begin of higher educationdeleted text end .
"Participating institution deleted text begin of
higher educationdeleted text end " meansnew text begin a health care organization ornew text end an institution of higher education
that, under the provisions of sections 136A.25 to 136A.42, undertakes the financing and
construction or acquisition of a project or undertakes the refunding or refinancing of
obligations or of a mortgage or of advances as provided in sections 136A.25 to 136A.42.
Community colleges and technical colleges may be considered participating institutions deleted text begin of
higher educationdeleted text end for the purpose of financing and constructing child care facilities and
parking facilities.
Sec. 5.
Minnesota Statutes 2020, section 136A.29, subdivision 1, is amended to read:
Subdivision 1.
Purpose.
The purpose of the authority shall be to assist new text begin health care
organizations and new text end institutions of higher education in the construction, financing, and
refinancing of projects. The exercise by the authority of the powers conferred by sections
136A.25 to 136A.42, shall be deemed and held to be the performance of an essential public
function. For the purpose of sections 136A.25 to 136A.42, the authority shall have the
powers and duties set forth in subdivisions 2 to 23.
Sec. 6.
Minnesota Statutes 2020, section 136A.29, subdivision 3, is amended to read:
Subd. 3.
Employees.
The authority is authorized and empowered to appoint and employ
employees as it may deem necessary to carry out its duties, determine the title of the
employees so employed, and fix the salary of deleted text begin saiddeleted text end new text begin itsnew text end employees. Employees of the authority
shall participate in retirement and other benefits in the same manner that employees in the
deleted text begin unclassified service of the officedeleted text end new text begin managerial plan under section 43A.18, subdivision 3,new text end
participate.
Sec. 7.
Minnesota Statutes 2020, section 136A.29, subdivision 6, is amended to read:
Subd. 6.
Projects; generally.
new text begin (a) new text end The authority is authorized and empowered to determine
the location and character of any project to be financed under the provisions of sections
136A.25 to 136A.42, and to construct, reconstruct, remodel, maintain, manage, enlarge,
alter, add to, repair, operate, lease, as lessee or lessor, and regulate the same, to enter into
contracts for any or all of such purposes, to enter into contracts for the management and
operation of a project, and to designate a participating institution deleted text begin of higher educationdeleted text end as its
agent to determine the location and character of a project undertaken by such participating
institution deleted text begin of higher educationdeleted text end under the provisions of sections 136A.25 to 136A.42 and as
the agent of the authority, to construct, reconstruct, remodel, maintain, manage, enlarge,
alter, add to, repair, operate, lease, as lessee or lessor, and regulate the same, and as the
agent of the authority, to enter into contracts for any or all of such purposes, including
contracts for the management and operation of such project.
new text begin
(b) Notwithstanding paragraph (a), a project involving a health care facility within the
state financed under sections 136A.25 to 136A.42, must comply with all applicable
requirements in state law related to authorizing construction of or modifications to a health
care facility, including the requirements of sections 144.5509, 144.551, 144A.071, and
252.291.
new text end
new text begin (c) new text end Contracts of the authority or of a participating institution deleted text begin of higher educationdeleted text end to
acquire or to construct, reconstruct, remodel, maintain, enlarge, alter, add to, or repair
projects shall not be subject to the provisions of chapter 16C or section 574.26, or any other
public contract or competitive bid law.
Sec. 8.
Minnesota Statutes 2020, section 136A.29, subdivision 9, is amended to read:
Subd. 9.
Revenue bonds; limit.
new text begin (a) new text end The authority is authorized and empowered to issue
revenue bonds whose aggregate principal amount at any time shall not exceed deleted text begin $1,300,000,000deleted text end new text begin
$4,000,000,000new text end and to issue notes, bond anticipation notes, and revenue refunding bonds
of the authority under the provisions of sections 136A.25 to 136A.42, to provide funds for
acquiring, constructing, reconstructing, enlarging, remodeling, renovating, improving,
furnishing, or equipping one or more projects or parts thereof.
new text begin
(b) Of the $4,000,000,000 limit in paragraph (a), the aggregate principal amount used
to fund education facilities may not exceed $1,750,000,000 at any time, and the aggregate
principal amount used to fund health care facilities may not exceed $2,250,000,000 at any
time.
new text end
Sec. 9.
Minnesota Statutes 2020, section 136A.29, subdivision 10, is amended to read:
Subd. 10.
Revenue bonds; issuance, purpose, conditions.
The authority is authorized
and empowered to issue revenue bonds to acquire projects from or to make loans to
participating institutions deleted text begin of higher educationdeleted text end and thereby refinance outstanding indebtedness
incurred by participating institutions deleted text begin of higher educationdeleted text end to provide funds for the acquisition,
construction or improvement of a facility before or after the enactment of sections 136A.25
to 136A.42, but otherwise eligible to be and being a project thereunder, whenever the
authority finds that such refinancing will enhance or preserve such participating institutions
and such facilities or utilization thereof for new text begin health care or new text end educational purposes or extend
or adjust maturities to correspond to the resources available for their payment, or reduce
new text begin charges or fees imposed on patients or occupants, or new text end the tuition, chargesnew text begin ,new text end or fees imposed
on students for the use new text begin or occupancy new text end of the facilities of such participating institutions deleted text begin of
higher educationdeleted text end or costs met by federal or state public funds, or enhance or preserve new text begin health
care or new text end educational programs and research or the acquisition or improvement of other
facilities eligible to be a project or part thereof by the participating institution deleted text begin of higher
educationdeleted text end . The amount of revenue bonds to be issued to refinance outstanding indebtedness
of a participating institution deleted text begin of higher educationdeleted text end shall not exceed the lesser of (a) the fair
value of the project to be acquired by the authority from the institution or mortgaged to the
authority by the institution or (b) the amount of the outstanding indebtedness including any
premium thereon and any interest accrued or to accrue to the date of redemption and any
legal, fiscal and related costs in connection with such refinancing and reasonable reserves,
as determined by the authority. The provisions of this subdivision do not prohibit the authority
from issuing revenue bonds within and charged against the limitations provided in subdivision
9 to provide funds for improvements, alteration, renovation, or extension of the project
refinanced.
Sec. 10.
Minnesota Statutes 2020, section 136A.29, subdivision 14, is amended to read:
Subd. 14.
Rules for use of projects.
The authority is authorized and empowered to
establish rules for the use of a project or any portion thereof and to designate a participating
institution deleted text begin of higher educationdeleted text end as its agent to establish rules for the use of a project undertaken
for such participating institution deleted text begin of higher educationdeleted text end .
Sec. 11.
Minnesota Statutes 2020, section 136A.29, subdivision 19, is amended to read:
Subd. 19.
Surety.
Before the issuance of any revenue bonds under the provisions of
sections 136A.25 to 136A.42, any member or officer of the authority authorized by resolution
of the authority to handle funds or sign checks of the authority shall be covered under a
surety or fidelity bond in an amount to be determined by the authority. Each such bond shall
be conditioned upon the faithful performance of the duties of the office of the member or
officer, new text begin and new text end shall be executed by a surety company authorized to transact business in the
state of Minnesota as surety. The cost of each such bond shall be paid by the authority.
Sec. 12.
Minnesota Statutes 2020, section 136A.29, subdivision 20, is amended to read:
Subd. 20.
Sale, lease, and disposal of property.
The authority is authorized and
empowered to sell, lease, releasenew text begin ,new text end or otherwise dispose of real and personal property or
interests therein, or a combination thereof, acquired by the authority under authority of
sections 136A.25 to 136A.42 and no longer needed for the purposes of deleted text begin suchdeleted text end new text begin thisnew text end chapter or
of the authority, and grant such easements and other rights in, over, under, or across a project
as will not interfere with its use of deleted text begin suchdeleted text end new text begin thenew text end property. deleted text begin Suchdeleted text end new text begin Thenew text end sale, lease, release,
disposition, or grant may be made without competitive bidding and in deleted text begin suchdeleted text end new text begin thenew text end mannernew text begin andnew text end
for such consideration as the authority in its judgment deems appropriate.
Sec. 13.
Minnesota Statutes 2020, section 136A.29, subdivision 21, is amended to read:
Subd. 21.
Loans.
The authority is authorized and empowered to make loans to any
participating institution deleted text begin of higher educationdeleted text end for the cost of a project in accordance with an
agreement between the authority and the participating institution deleted text begin of higher educationdeleted text end ;
provided that no deleted text begin suchdeleted text end loan shall exceed the total cost of the project as determined by the
participating institution deleted text begin of higher educationdeleted text end and approved by the authority.
Sec. 14.
Minnesota Statutes 2020, section 136A.29, subdivision 22, is amended to read:
Subd. 22.
Costs, expenses, and other charges.
The authority is authorized and
empowered to charge to and apportion among participating institutions deleted text begin of higher educationdeleted text end
its administrative costs and expenses incurred in the exercise of the powers and duties
conferred by sections 136A.25 to 136A.42new text begin in the manner as the authority in its judgment
deems appropriatenew text end .
Sec. 15.
Minnesota Statutes 2020, section 136A.29, is amended by adding a subdivision
to read:
new text begin Subd. 24. new text end
new text begin Determination of affiliate status. new text end
new text begin
The authority is authorized and empowered
to determine whether an entity is an affiliate as defined in section 136A.28, subdivision 1a.
A determination by the authority of affiliate status shall be deemed conclusive for the
purposes of sections 136A.25 to 136A.42.
new text end
Sec. 16.
Minnesota Statutes 2020, section 136A.32, subdivision 4, is amended to read:
Subd. 4.
Provisions of resolution authorizing bonds.
Any resolution or resolutions
authorizing any revenue bonds or any issue of revenue bonds may contain provisions, which
shall be a part of the contract with the holders of the revenue bonds to be authorized, as to:
(1) pledging all or any part of the revenues of a project or projects, any revenue producing
contract or contracts made by the authority with deleted text begin any individual partnership, corporation or
association or other bodydeleted text end new text begin one or more partnerships, corporations or associations, or other
bodiesnew text end , public or private, to secure the payment of the revenue bonds or of any particular
issue of revenue bonds, subject to such agreements with bondholders as may then exist;
(2) the rentals, fees and other charges to be charged, and the amounts to be raised in
each year thereby, and the use and disposition of the revenues;
(3) the setting aside of reserves or sinking funds, and the regulation and disposition
thereof;
(4) limitations on the right of the authority or its agent to restrict and regulate the use of
the project;
(5) limitations on the purpose to which the proceeds of sale of any issue of revenue
bonds then or thereafter to be issued may be applied and pledging such proceeds to secure
the payment of the revenue bonds or any issue of the revenue bonds;
(6) limitations on the issuance of additional bonds, the terms upon which additional
bonds may be issued and secured and the refunding of outstanding bonds;
(7) the procedure, if any, by which the terms of any contract with bondholders may be
amended or abrogated, the amount of bonds the holders of which must consent thereto, and
the manner in which such consent may be given;
(8) limitations on the amount of moneys derived from the project to be expended for
operating, administrative or other expenses of the authority;
(9) defining the acts or omissions to act which shall constitute a default in the duties of
the authority to holders of its obligations and providing the rights and remedies of such
holders in the event of a default;new text begin or
new text end
(10) the mortgaging of a project and the site thereof for the purpose of securing the
bondholders.
Sec. 17.
Minnesota Statutes 2020, section 136A.33, is amended to read:
136A.33 TRUST AGREEMENT.
In the discretion of the authority any revenue bonds issued under the provisions of
sections 136A.25 to 136A.42, may be secured by a trust agreement by and between the
authority and a corporate trustee or trustees, which may be any trust company or bank having
the powers of a trust company within the state. deleted text begin Suchdeleted text end new text begin Thenew text end trust agreement or the resolution
providing for the issuance of deleted text begin suchdeleted text end revenue bonds may pledge or assign the revenues to be
received or proceeds of any contract or contracts pledged and may convey or mortgage the
project or any portion thereof. deleted text begin Suchdeleted text end new text begin Thenew text end trust agreement or resolution providing for the
issuance of deleted text begin suchdeleted text end revenue bonds may contain such provisions for protecting and enforcing
the rights and remedies of the bondholders as may be reasonable and proper and not in
violation of laws, including particularly such provisions as have hereinabove been specifically
authorized to be included in any resolution or resolutions of the authority authorizing revenue
bonds thereof. Any bank or trust company incorporated under the laws of the state deleted text begin whichdeleted text end new text begin
thatnew text end may act as depository of the proceeds of bonds or of revenues or other moneys may
furnish deleted text begin suchdeleted text end indemnifying bonds or deleted text begin pledges suchdeleted text end new text begin pledge new text end securities as may be required by
the authority. Any deleted text begin suchdeleted text end trust agreement may set forth the rights and remedies of the
bondholders and of the trustee or trustees and may restrict the individual right of action by
bondholders. In addition to the foregoing, any deleted text begin suchdeleted text end trust agreement or resolution may contain
deleted text begin suchdeleted text end other provisions as the authority may deem reasonable and proper for the security of
the bondholders. All expenses incurred in carrying out the provisions of deleted text begin suchdeleted text end new text begin thenew text end trust
agreement or resolution may be treated as a part of the cost of the operation of a project.
Sec. 18.
Minnesota Statutes 2020, section 136A.34, subdivision 3, is amended to read:
Subd. 3.
Investment.
Any deleted text begin suchdeleted text end escrowed proceeds, pending such use, may be invested
and reinvested in direct obligations of the United States of America, or in certificates of
deposit or time deposits secured by direct obligations of the United States of America, new text begin or
in shares or units in any money market mutual fund whose investment portfolio consists
solely of direct obligations of the United States of America, new text end maturing at such time or times
as shall be appropriate to assure the prompt payment, as to principal, interest and redemption
premium, if any, of the outstanding revenue bonds to be so refunded. The interest, income
and profits, if any, earned or realized on any such investment may also be applied to the
payment of the outstanding revenue bonds to be so refunded. After the terms of the escrow
have been fully satisfied and carried out, any balance of such proceeds and interest, income
and profits, if any, earned or realized on the investments thereof may be returned to the
authority for use by it in any lawful manner.
Sec. 19.
Minnesota Statutes 2020, section 136A.34, subdivision 4, is amended to read:
Subd. 4.
Additional purpose; improvements.
The portion of the proceeds of any deleted text begin suchdeleted text end
revenue bonds issued for the additional purpose of paying all or any part of the cost of
constructing and acquiring additions, improvements, extensions or enlargements of a project
may be invested or deposited deleted text begin in time depositsdeleted text end as provided in section 136A.32, subdivision
7.
Sec. 20.
Minnesota Statutes 2020, section 136A.36, is amended to read:
136A.36 REVENUES.
The authority may fix, revise, charge and collect rates, rents, fees and charges for the
use of and for the services furnished or to be furnished by each project and deleted text begin todeleted text end new text begin maynew text end contract
with any person, partnership, association or corporation, or other body, public or private,
in respect thereof. deleted text begin Suchdeleted text end new text begin Thenew text end rates, rents, feesnew text begin ,new text end and charges new text begin may vary between projects
involving an education facility and projects involving a health care facility and new text end shall be
fixed and adjusted in respect of the aggregate of rates, rents, feesnew text begin ,new text end and charges from deleted text begin suchdeleted text end new text begin
thenew text end project so as to provide funds sufficient with other revenues, if any:
(1) to pay the cost of maintaining, repairing and operating the project and each and every
portion thereof, to the extent that the payment of such cost has not otherwise been adequately
provided for;
(2) to pay the principal of and the interest on outstanding revenue bonds of the authority
issued in respect of such project as the same shall become due and payable; and
(3) to create and maintain reserves required or provided for in any resolution authorizing,
or trust agreement securing, deleted text begin suchdeleted text end revenue bonds of the authority. deleted text begin Suchdeleted text end new text begin Thenew text end rates, rents, fees
and charges shall not be subject to supervision or regulation by any department, commission,
board, body, bureau or agency of this state other than the authority. A sufficient amount of
the revenues derived in respect of a project, except deleted text begin suchdeleted text end part of deleted text begin suchdeleted text end new text begin thenew text end revenues as may
be necessary to pay the cost of maintenance, repair and operation and to provide reserves
and for renewals, replacements, extensions, enlargements and improvements as may be
provided for in the resolution authorizing the issuance of any revenue bonds of the authority
or in the trust agreement securing the same, shall be set aside at such regular intervals as
may be provided in deleted text begin suchdeleted text end new text begin thenew text end resolution or trust agreement in a sinking or other similar fund
deleted text begin whichdeleted text end new text begin thatnew text end is hereby pledged to, and charged with, the payment of the principal of and the
interest on deleted text begin suchdeleted text end revenue bonds as the same shall become due, and the redemption price or
the purchase price of bonds retired by call or purchase as therein provided. deleted text begin Suchdeleted text end new text begin Thenew text end pledge
shall be valid and binding from the time when the pledge is made; the rates, rents, fees and
charges and other revenues or other moneys so pledged and thereafter received by the
authority shall immediately be subject to the lien of deleted text begin suchdeleted text end new text begin thenew text end pledge without physical delivery
thereof or further act, and the lien of any such pledge shall be valid and binding as against
all parties having claims of any kind against the authority, irrespective of whether such
parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge
is created need be filed or recorded except in the records of the authority. The use and
disposition of moneys to the credit of such sinking or other similar fund shall be subject to
the provisions of the resolution authorizing the issuance of such bonds or of such trust
agreement. Except as may otherwise be provided in deleted text begin suchdeleted text end new text begin thenew text end resolution or deleted text begin suchdeleted text end trust
agreement, deleted text begin suchdeleted text end new text begin thenew text end sinking or other similar fund shall be a fund for all deleted text begin suchdeleted text end revenue bonds
issued to finance a project or projects at one or more participating institutions deleted text begin of higher
educationdeleted text end without distinction or priority of one over another; provided the authority in any
such resolution or trust agreement may provide that such sinking or other similar fund shall
be the fund for a particular project at deleted text begin andeleted text end new text begin a participatingnew text end institution deleted text begin of higher educationdeleted text end and
for the revenue bonds issued to finance a particular project and may, additionally, permit
and provide for the issuance of revenue bonds having a subordinate lien in respect of the
security herein authorized to other revenue bonds of the authority and, in such case, the
authority may create separate or other similar funds in respect of deleted text begin suchdeleted text end new text begin thenew text end subordinate lien
bonds.
Sec. 21.
Minnesota Statutes 2020, section 136A.38, is amended to read:
136A.38 BONDS ELIGIBLE FOR INVESTMENT.
Bonds issued bynew text begin thenew text end authority under the provisions of sections 136A.25 to 136A.42, are
hereby made securities in which all public officers and public bodies of the state and its
political subdivisions, all insurance companies, trust companies, banking associations,
investment companies, executors, administrators, trustees and other fiduciaries may properly
and legally invest funds, including capital in their control or belonging to them; it being the
purpose of this section to authorize the investment in such bonds of all sinking, insurance,
retirement, compensation, pension and trust funds, whether owned or controlled by private
or public persons or officers; provided, however, that nothing contained in this section may
be construed as relieving any person, firm, or corporation from any duty of exercising due
care in selecting securities for purchase or investment; and provide further, that in no event
shall assets of pension funds of public employees of the state of Minnesota or any of its
agencies, boards or subdivisions, whether publicly or privately administered, be invested
in bonds issued under the provisions of sections 136A.25 to 136A.42. Such bonds are hereby
constituted "authorized securities" within the meaning and for the purposes of Minnesota
Statutes 1969, section 50.14. deleted text begin Suchdeleted text end new text begin Thenew text end bonds are hereby made securities deleted text begin whichdeleted text end new text begin thatnew text end may
properly and legally be deposited with and received by any state or municipal officer or any
agency or political subdivision of the state for any purpose for which the deposit of bonds
or obligations of the state now or may hereafter be authorized by law.
Sec. 22.
Minnesota Statutes 2020, section 136A.41, is amended to read:
136A.41 CONFLICT OF INTEREST.
Notwithstanding any other law to the contrary it shall not be or constitute a conflict of
interest for a trustee, director, officer or employee of any participating institution deleted text begin of higher
educationdeleted text end , financial institution, investment banking firm, brokerage firm, commercial bank
or trust company, architecture firm, insurance company, construction company, or any other
firm, person or corporation to serve as a member of the authority, provided such trustee,
director, officer or employee shall abstain from deliberation, action and vote by the authority
in each instance where the business affiliation of any such trustee, director, officer or
employee is involved.
Sec. 23.
Minnesota Statutes 2020, section 136A.42, is amended to read:
136A.42 ANNUAL REPORT.
The authority shall keep an accurate account of all of its activities and all of its receipts
and expenditures deleted text begin and shall annually report to the officedeleted text end .new text begin Each year, the authority shall submit
to the Minnesota Historical Society and the Legislative Reference Library a report of the
authority's activities in the previous year, including all financial activities.
new text end
Sec. 24. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall renumber the law establishing and governing the Minnesota
Higher Education Facilities Authority, renamed the Minnesota Health and Education
Facilities Authority in this act, as Minnesota Statutes, chapter 16F, coded in Minnesota
Statutes 2020, sections 136A.25 to 136A.42, as amended or repealed in this act. The revisor
of statutes shall also duplicate any required definitions from Minnesota Statutes, chapter
136A, revise any statutory cross-references consistent with the recoding, and report the
history in Minnesota Statutes, chapter 16F.
new text end
Sec. 25. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, section 136A.29, subdivision 4,
new text end
new text begin
is repealed.
new text end
ARTICLE 4
MINNESOTA HEALTH AND EDUCATION FACILITIES AUTHORITY
CONFORMING AMENDMENTS
Section 1.
Minnesota Statutes 2020, 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 deleted text begin Higherdeleted text end new text begin Health andnew text end Education Facilities Authority, the Health Technology
Advisory Committee, the Armory Building Commission, the Zoological Board, the
Department of Iron Range Resources and Rehabilitation, 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 2021 Supplement, section 10A.01, subdivision 35, is amended
to read:
Subd. 35.
Public official.
"Public official" means any:
(1) member of the legislature;
(2) individual employed by the legislature as secretary of the senate, legislative auditor,
director of the Legislative Budget Office, chief clerk of the house of representatives, revisor
of statutes, or researcher, legislative analyst, fiscal analyst, or attorney in the Office of
Senate Counsel, Research and Fiscal Analysis, House Research, or the House Fiscal Analysis
Department;
(3) constitutional officer in the executive branch and the officer's chief administrative
deputy;
(4) solicitor general or deputy, assistant, or special assistant attorney general;
(5) commissioner, deputy commissioner, or assistant commissioner of any state
department or agency as listed in section 15.01 or 15.06, or the state chief information
officer;
(6) member, chief administrative officer, or deputy chief administrative officer of a state
board or commission that has either the power to adopt, amend, or repeal rules under chapter
14, or the power to adjudicate contested cases or appeals under chapter 14;
(7) individual employed in the executive branch who is authorized to adopt, amend, or
repeal rules under chapter 14 or adjudicate contested cases under chapter 14;
(8) executive director of the State Board of Investment;
(9) deputy of any official listed in clauses (7) and (8);
(10) judge of the Workers' Compensation Court of Appeals;
(11) administrative law judge or compensation judge in the State Office of Administrative
Hearings or unemployment law judge in the Department of Employment and Economic
Development;
(12) member, regional administrator, division director, general counsel, or operations
manager of the Metropolitan Council;
(13) member or chief administrator of a metropolitan agency;
(14) director of the Division of Alcohol and Gambling Enforcement in the Department
of Public Safety;
(15) member or executive director of the deleted text begin Higherdeleted text end new text begin Health andnew text end Education Facilities
Authority;
(16) member of the board of directors or president of Enterprise Minnesota, Inc.;
(17) member of the board of directors or executive director of the Minnesota State High
School League;
(18) member of the Minnesota Ballpark Authority established in section 473.755;
(19) citizen member of the Legislative-Citizen Commission on Minnesota Resources;
(20) manager of a watershed district, or member of a watershed management organization
as defined under section 103B.205, subdivision 13;
(21) supervisor of a soil and water conservation district;
(22) director of Explore Minnesota Tourism;
(23) citizen member of the Lessard-Sams Outdoor Heritage Council established in section
97A.056;
(24) citizen member of the Clean Water Council established in section 114D.30;
(25) member or chief executive of the Minnesota Sports Facilities Authority established
in section 473J.07;
(26) district court judge, appeals court judge, or supreme court justice;
(27) county commissioner;
(28) member of the Greater Minnesota Regional Parks and Trails Commission;
(29) member of the Destination Medical Center Corporation established in section
469.41; or
(30) chancellor or member of the Board of Trustees of the Minnesota State Colleges
and Universities.
Sec. 3.
Minnesota Statutes 2020, section 136F.67, subdivision 1, is amended to read:
Subdivision 1.
Authorization.
A technical college or a community college must not
seek financing for child care facilities or parking facilities through the deleted text begin Higherdeleted text end new text begin Health andnew text end
Education Facilities Authority, as provided in section 136A.28, subdivision 7, without the
explicit authorization of the board.
Sec. 4.
Minnesota Statutes 2020, section 354B.20, subdivision 7, is amended to read:
Subd. 7.
Employing unit.
"Employing unit," if the agency employs any persons covered
by the individual retirement account plan under section 354B.211, means:
(1) the board;
(2) the Minnesota Office of Higher Education; and
(3) the deleted text begin Higherdeleted text end new text begin Health andnew text end Education Facilities Authority.
ARTICLE 5
ENERGY AND UTILITIES
Section 1.
Minnesota Statutes 2020, section 116C.779, subdivision 1, is amended to read:
Subdivision 1.
Renewable development account.
(a) 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.
(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.
(c) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing
each January 15 thereafter, the public utility that owns the Prairie Island nuclear generating
plant must transfer to the renewable development 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 (i). 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.
(d) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing
each January 15 thereafter, 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 (i). 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.
(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) deleted text begin anddeleted text end new text begin ,new text end (g),new text begin and (m),new text end and sections 116C.7792 and 216C.41, for that calendar
year.
(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).
(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).
(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.
(i) 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.
(j) Funds in the account may be expended only for any of the following purposes:
(1) to stimulate research and development of renewable electric energy technologies;
(2) to encourage grid modernization, including, but not limited to, projects that implement
electricity storage, load control, and smart meter technology; and
(3) to stimulate other innovative energy projects that reduce demand and increase system
efficiency and flexibility.
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.
The utility that owns a nuclear generating plant is eligible to apply for grants under this
subdivision.
(k) For the purposes of paragraph (j), the following terms have the meanings given:
(1) "renewable" has the meaning given in section 216B.2422, subdivision 1, paragraph
(c), clauses (1), (2), (4), and (5); and
(2) "grid modernization" means:
(i) enhancing the reliability of the electrical grid;
(ii) improving the security of the electrical grid against cyberthreats and physical threats;
and
(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.
(l) A renewable development account advisory group that includes, among others,
representatives of the public utility and its ratepayers, and includes at least one representative
of the Prairie Island Indian community appointed by that community's tribal council, shall
develop recommendations on account expenditures. new text begin Except as otherwise provided herein,
members of the advisory group shall be chosen by the public utility. The public utility may
design a request for proposal in conjunction with the advisory group. new text end The advisory group
must design a request for proposal and evaluate projects submitted in response to a request
for proposals. The advisory group 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 (j),
clause (1), may be limited to or include a request to higher education institutions located in
Minnesota for multiple projects authorized under paragraph (j), clause (1). 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. In the process of determining request for proposal scope and subject
and in evaluating responses to request for proposals, the advisory group must strongly
consider, where reasonable, potential benefit to Minnesota citizens and businesses and the
utility's ratepayers.
new text begin
(m) The cost of acquiring the services of the independent third-party expert described
in paragraph (l) and any other costs incurred in administering the advisory group and its
actions as required by this section, not to exceed $150,000, shall be paid from funds withheld
by the public utility under paragraph (e).
new text end
deleted text begin (m)deleted text end new text begin (n) new text end The advisory group shall submit funding recommendations to the public utility,
which has full and sole authority to determine which expenditures shall be submitted deleted text begin by
the advisory groupdeleted text end to the deleted text begin legislaturedeleted text end new text begin commissionnew text end . 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 deleted text begin (n)deleted text end new text begin (o)new text end .
deleted text begin (n)deleted text end new text begin (o) new text end 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 from the account must be appropriated
by law. In enacting appropriations from the account, the legislature:
(1) may approve or disapprove, but may not modify, the amount of an appropriation for
a project recommended by the commission; and
(2) may not appropriate money for a project the commission has not recommended
funding.
deleted text begin (o)deleted text end new text begin (p) 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 (p)deleted text end new text begin (q) new text end The deleted text begin advisory groupdeleted text end new text begin public utility new 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.
deleted text begin (q)deleted text end new text begin (r) new text end 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.
deleted text begin (r)deleted text end new text begin (s) 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 (s)deleted text end new text begin (t) new text end Final reports, any mid-project status reports, and renewable development account
financial reports must be posted online on a public website designated by the commissioner
of commerce.
deleted text begin (t)deleted text end new text begin (u) new text end All final reports must acknowledge that the project was made possible in whole
or part by the Minnesota renewable development account, noting that the account is financed
by the public utility's ratepayers.
deleted text begin (u)deleted text end new text begin (v)new text end Of the amount in the renewable development account, priority must be given to
making the payments required under section 216C.417.
Sec. 2.
Minnesota Statutes 2021 Supplement, section 116C.7792, is amended to read:
116C.7792 SOLAR ENERGY PRODUCTION INCENTIVE PROGRAM.
(a) 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 aggregate
nameplate capacity of 40 kilowatts alternating current per premise. The owner of a solar
energy system installed before June 1, 2018, is eligible to receive a production incentive
under this section for any additional solar energy systems constructed at the same customer
location, provided that the aggregate capacity of all systems at the customer location does
not exceed 40 kilowatts.
(b) The program is funded by money withheld from transfer to the renewable development
account under section 116C.779, subdivision 1, paragraphs (b) and (e). Program funds must
be placed in a separate account for the purpose of the solar energy production incentive
program operated by the utility and not for any other program or purpose.
(c) Funds allocated to the solar energy production incentive program in 2019 and 2020
remain available to the solar energy production incentive program.
(d) The following amounts are allocated to the solar energy production incentive program:
(1) $10,000,000 in 2021;
(2) $10,000,000 in 2022;
(3) deleted text begin $5,000,000deleted text end new text begin $10,000,000new text end in 2023; deleted text begin and
deleted text end
(4) deleted text begin $5,000,000deleted text end new text begin $10,000,000new text end in 2024new text begin ; and
new text end
new text begin (5) $10,000,000 in 2025new text end .
(e) Funds allocated to the solar energy production incentive program that have not been
committed to a specific project at the end of a program year remain available to the solar
energy production incentive program.
(f) Any unspent amount remaining on January 1, deleted text begin 2025deleted text end new text begin 2026new text end , must be transferred to the
renewable development account.
(g) A solar energy system receiving a production incentive under this section must be
sized to less than 120 percent of the customer's on-site annual energy consumption when
combined with other distributed generation resources and subscriptions provided under
section 216B.1641 associated with the premise. The production incentive must be paid for
ten years commencing with the commissioning of the system.
(h) 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.
A change to the program to include projects up to a nameplate capacity of 40 kilowatts or
less does not require the utility to file a plan with the commissioner. Any plan approved by
the commissioner of commerce must not provide an increased incentive scale over prior
years unless the commissioner demonstrates that changes in the market for solar energy
facilities require an increase.
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 2020, section 116J.55, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purposes of this section, "eligible community" means
a county, municipality, or tribal government located in Minnesota in which an electric
generating plant owned by a public utility, as defined in section 216B.02, that is powered
by coal, nuclear energy, or natural gas:
(1) is currently operating andnew text begin (i)new text end is scheduled to cease operations deleted text begin ordeleted text end new text begin , (ii)new text end whose cessation
of operations has been proposed in an integrated resource plan filed with the commission
under section 216B.2422deleted text begin ;deleted text end new text begin , or (iii) whose current operating license expires within 15 years
of the effective date of this section;new text end or
(2) ceased operations or was removed from the local property tax base no earlier than
five years before the date an application is made for a grant under this section.
Sec. 4.
Minnesota Statutes 2020, section 116J.55, subdivision 5, is amended to read:
Subd. 5.
Grant awards; limitations.
deleted text begin
(a) The commissioner must award grants under
this section to eligible communities through a competitive grant process.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end A grant awarded to an eligible community under this section must not exceed
$500,000new text begin in any calendar year. The commissioner may accept grant applications on an
ongoing or rolling basisnew text end .
deleted text begin (c)deleted text end new text begin (b)new text end Grants funded with revenues from the renewable development account established
in section 116C.779 must be awarded to an eligible community located within the retail
electric service territory of the public utility that is subject to section 116C.779 or to an
eligible community in which an electric generating plant owned by that public utility is
located.
Sec. 5.
Minnesota Statutes 2020, section 216B.096, subdivision 11, is amended to read:
Subd. 11.
Reporting.
Annually on deleted text begin November 1deleted text end new text begin October 15new text end , a utility must electronically
file with the commission a report, in a format specified by the commission, specifying the
number of utility heating service customers whose service is disconnected or remains
disconnected for nonpayment as ofnew text begin September 15 andnew text end October 1 deleted text begin and October 15deleted text end . If customers
remain disconnected on October deleted text begin 15deleted text end new text begin 1new text end , a utility must file a report each week between
deleted text begin November 1deleted text end new text begin October 15new text end and the end of the cold weather period specifying:
(1) the number of utility heating service customers that are or remain disconnected from
service for nonpayment; and
(2) the number of utility heating service customers that are reconnected to service each
week. The utility may discontinue weekly reporting if the number of utility heating service
customers that are or remain disconnected reaches zero before the end of the cold weather
period.
The data reported under this subdivision are presumed to be accurate upon submission
and must be made available through the commission's electronic filing system.
Sec. 6.
Minnesota Statutes 2020, section 216B.24, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Wind or solar electric generating facilities. new text end
new text begin
Any person proposing
construction of a major utility facility that is a wind or solar electric generating facility
designed for or capable of operation at a capacity of 50 megawatts or more must, in addition
to any approvals required under this chapter, obtain approval from the governing board of
and pursuant to the land use ordinance of the county in which the proposed wind or solar
electric generating facility will be located.
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 2020, section 216B.243, subdivision 3b, is amended to read:
Subd. 3b.
deleted text begin Nuclear power plant; new construction prohibited; relicensingdeleted text end new text begin Additional
storage of spent nuclear fuelnew text end .
deleted text begin
(a) The commission may not issue a certificate of need for
the construction of a new nuclear-powered electric generating plant.
deleted text end
deleted text begin (b)deleted text end Any certificate of need for additional storage of spent nuclear fuel for a facility
seeking a license extension shall address the impacts of continued operations over the period
for which approval is sought.
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.
new text begin
[216B.491] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For the purposes of sections 216B.491 to 216B.499, the terms
defined in this subdivision have the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Ancillary agreement. new text end
new text begin
"Ancillary agreement" means any bond, insurance policy,
letter of credit, reserve account, surety bond, interest rate lock or swap arrangement, liquidity
or credit support arrangement, or other financial arrangement entered into in connection
with extraordinary event bonds that is designed to promote the credit quality and
marketability of extraordinary event bonds or to mitigate the risk of an increase in interest
rates.
new text end
new text begin Subd. 3. new text end
new text begin Assignee. new text end
new text begin
"Assignee" means any person to which an interest in extraordinary
event property is sold, assigned, transferred, or conveyed, other than as security, and any
successor to or subsequent assignee of the person.
new text end
new text begin Subd. 4. new text end
new text begin Bondholder. new text end
new text begin
"Bondholder" means any holder or owner of extraordinary event
bonds.
new text end
new text begin Subd. 5. new text end
new text begin Customer. new text end
new text begin
"Customer" means a person who takes natural gas service from a
natural gas utility for consumption of natural gas in Minnesota.
new text end
new text begin Subd. 6. new text end
new text begin Extraordinary event. new text end
new text begin
(a) "Extraordinary event" means an event arising from
unforeseen circumstances and of sufficient magnitude, as determined by the commission:
new text end
new text begin
(1) to impose significant costs on customers; and
new text end
new text begin
(2) for which the issuance of extraordinary event bonds in response to the event meets
the conditions of section 216B.492, subdivision 2, as determined by the commission.
new text end
new text begin
(b) Extraordinary event includes but is not limited to a storm event or other natural
disaster, an act of God, war, terrorism, sabotage or vandalism, a cybersecurity attack, or a
temporary significant increase in the wholesale price of natural gas.
new text end
new text begin Subd. 7. new text end
new text begin Extraordinary event activity. new text end
new text begin
"Extraordinary event activity" means an activity
undertaken by or on behalf of a utility to restore or maintain the utility's ability to provide
natural gas service following one or more extraordinary events, including but not limited
to activities related to mobilization, staging, construction, reconstruction, replacement, or
repair of natural gas transmission, distribution, storage, or general facilities.
new text end
new text begin Subd. 8. new text end
new text begin Extraordinary event bonds. new text end
new text begin
"Extraordinary event bonds" means low-cost
corporate securities, including but not limited to senior secured bonds, debentures, notes,
certificates of participation, certificates of beneficial interest, certificates of ownership, or
other evidences of indebtedness or ownership that have a scheduled maturity of no longer
than 30 years and a final legal maturity date that is not later than 32 years from the issue
date, that are rated AA or Aa2 or better by a major independent credit rating agency at the
time of issuance, and that are issued by a utility or an assignee under a financing order.
new text end
new text begin Subd. 9. new text end
new text begin Extraordinary event charge. new text end
new text begin
"Extraordinary event charge" means a
nonbypassable charge that:
new text end
new text begin
(1) is imposed on all customer bills by a utility that is the subject of a financing order
or the utility's successors or assignees;
new text end
new text begin
(2) is separate from the utility's base rates; and
new text end
new text begin
(3) provides a source of revenue solely to repay, finance, or refinance extraordinary
event costs.
new text end
new text begin Subd. 10. new text end
new text begin Extraordinary event costs. new text end
new text begin
"Extraordinary event costs":
new text end
new text begin
(1) means all incremental costs of extraordinary event activities that are approved by
the commission in a financing order issued under section 216B.492 as being:
new text end
new text begin
(i) necessary to enable the utility to restore or maintain natural gas service to customers
after the utility experiences an extraordinary event; and
new text end
new text begin
(ii) prudent and reasonable;
new text end
new text begin
(2) includes costs to repurchase equity or retire any indebtedness relating to extraordinary
event activities;
new text end
new text begin
(3) shall be net of applicable insurance proceeds, tax benefits, and any other amounts
intended to reimburse the utility for extraordinary event activities, including government
grants or aid of any kind;
new text end
new text begin
(4) do not include any monetary penalty, fine, or forfeiture assessed against a utility by
a government agency or court under a federal or state environmental statute, rule, or
regulation; and
new text end
new text begin
(5) must be adjusted to reflect:
new text end
new text begin
(i) the difference, as determined by the commission, between extraordinary event costs
that the utility expects to incur and actual, reasonable, and prudent costs incurred; or
new text end
new text begin
(ii) a more fair or reasonable allocation of extraordinary event costs to customers over
time, as expressed in a commission order.
new text end
new text begin Subd. 11. new text end
new text begin Extraordinary event property. new text end
new text begin
"Extraordinary event property" means:
new text end
new text begin
(1) all rights and interests of a utility or the utility's successor or assignee under a
financing order for the right to impose, bill, collect, receive, and obtain periodic adjustments
to extraordinary event charges authorized under a financing order issued by the commission;
and
new text end
new text begin
(2) all revenue, collections, claims, rights to payments, payments, money, or proceeds
arising from the rights and interests specified in clause (1), regardless of whether any are
commingled with other revenue, collections, rights to payment, payments, money, or
proceeds.
new text end
new text begin Subd. 12. new text end
new text begin Extraordinary event revenue. new text end
new text begin
"Extraordinary event revenue" means revenue,
receipts, collections, payments, money, claims, or other proceeds arising from extraordinary
event property.
new text end
new text begin Subd. 13. new text end
new text begin Financing costs. new text end
new text begin
"Financing costs" means:
new text end
new text begin
(1) principal, interest, and redemption premiums that are payable on extraordinary event
bonds;
new text end
new text begin
(2) payments required under an ancillary agreement and amounts required to fund or
replenish a reserve account or other accounts established under the terms of any indenture,
ancillary agreement, or other financing document pertaining to the bonds;
new text end
new text begin
(3) other demonstrable costs related to issuing, supporting, repaying, refunding, and
servicing the bonds, including but not limited to servicing fees, accounting and auditing
fees, trustee fees, legal fees, consulting fees, financial adviser fees, administrative fees,
placement and underwriting fees, capitalized interest, rating agency fees, stock exchange
listing and compliance fees, security registration fees, filing fees, information technology
programming costs, and any other demonstrable costs necessary to otherwise ensure and
guarantee the timely payment of the bonds or other amounts or charges payable in connection
with the bonds;
new text end
new text begin
(4) taxes and license fees imposed on the revenue generated from collecting an
extraordinary event charge;
new text end
new text begin
(5) state and local taxes, including franchise, sales and use, and other taxes or similar
charges, including but not limited to regulatory assessment fees, whether paid, payable, or
accrued; and
new text end
new text begin
(6) costs incurred by the commission to hire and compensate additional temporary staff
needed to perform the commission's responsibilities under this section and, in accordance
with section 216B.494, to engage specialized counsel and expert consultants experienced
in securitized utility ratepayer-backed bond financing similar to extraordinary event bonds.
new text end
new text begin Subd. 14. new text end
new text begin Financing order. new text end
new text begin
"Financing order" means an order issued by the commission
under section 216B.492 that authorizes an applicant to:
new text end
new text begin
(1) issue extraordinary event bonds in one or more series;
new text end
new text begin
(2) impose, charge, and collect extraordinary event charges; and
new text end
new text begin
(3) create extraordinary event property.
new text end
new text begin Subd. 15. new text end
new text begin Financing party. new text end
new text begin
"Financing party" means a holder of extraordinary event
bonds and a trustee, a collateral agent, a party under an ancillary agreement, or any other
person acting for the benefit of extraordinary event bondholders.
new text end
new text begin Subd. 16. new text end
new text begin Natural gas facility. new text end
new text begin
"Natural gas facility" means natural gas pipelines,
including distribution lines, underground storage areas, liquefied natural gas facilities,
propane storage tanks, and other facilities the commission determines are used and useful
to provide natural gas service to retail and transportation customers in Minnesota.
new text end
new text begin Subd. 17. new text end
new text begin Nonbypassable. new text end
new text begin
"Nonbypassable" means that the payment of an extraordinary
event charge required to repay bonds and related costs may not be avoided by any retail
customer located within a utility service area.
new text end
new text begin Subd. 18. new text end
new text begin Pretax costs. new text end
new text begin
"Pretax costs" means costs incurred by a utility and approved
by the commission, including but not limited to:
new text end
new text begin
(1) unrecovered capitalized costs of replaced natural gas facilities damaged or destroyed
by a storm event;
new text end
new text begin
(2) costs to decommission and restore the site of a natural gas facility damaged or
destroyed by an extraordinary event;
new text end
new text begin
(3) other applicable capital and operating costs, accrued carrying charges, deferred
expenses, reductions for applicable insurance, and salvage proceeds; and
new text end
new text begin
(4) costs to retire any existing indebtedness, fees, costs, and expenses to modify existing
debt agreements, or for waivers or consents related to existing debt agreements.
new text end
new text begin Subd. 19. new text end
new text begin Storm event. new text end
new text begin
"Storm event" means a tornado, derecho, ice or snow storm,
flood, earthquake, or other significant weather or natural disaster that causes substantial
damage to a utility's infrastructure.
new text end
new text begin Subd. 20. new text end
new text begin Successor. new text end
new text begin
"Successor" means a legal entity that succeeds by operation of law
to the rights and obligations of another legal entity as a result of bankruptcy, reorganization,
restructuring, other insolvency proceeding, merger, acquisition, consolidation, or sale or
transfer of assets.
new text end
new text begin Subd. 21. new text end
new text begin Utility. new text end
new text begin
"Utility" means a public utility, as defined in section 216B.02,
subdivision 4, that provides natural gas service to Minnesota customers. Utility includes
the utility's successors or assignees.
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.
new text begin
[216B.492] FINANCING ORDER.
new text end
new text begin Subdivision 1. new text end
new text begin Application. new text end
new text begin
(a) A utility may file an application with the commission
for the issuance of a financing order to enable the utility to recover extraordinary event costs
through the issuance of extraordinary event bonds under this section.
new text end
new text begin
(b) The application must include the following information, as applicable:
new text end
new text begin
(1) a description of each natural gas facility to be repaired or replaced;
new text end
new text begin
(2) the undepreciated value remaining in the natural gas facility whose repair or
replacement is proposed to be financed through the issuance of bonds under sections
216B.491 to 216B.499, and the method used to calculate the amount;
new text end
new text begin
(3) the estimated amount of costs imposed on customers resulting from an extraordinary
event that involves no physical damage to natural gas facilities;
new text end
new text begin
(4) the estimated savings or estimated mitigation of rate impacts to utility customers if
the financing order is issued as requested in the application, calculated by comparing the
costs to customers that are expected to result from implementing the financing order and
the estimated costs associated with implementing traditional utility financing mechanisms
with respect to the same undepreciated balance, expressed in net present value terms;
new text end
new text begin
(5) a description of (i) the nonbypassable extraordinary event charge utility customers
would be required to pay in order to fully recover financing costs, and (ii) the method and
assumptions used to calculate the amount;
new text end
new text begin
(6) a proposed methodology to allocate the revenue requirement for the extraordinary
event charge among the utility's customer classes;
new text end
new text begin
(7) a description of a proposed adjustment mechanism to be implemented when necessary
to correct any overcollection or undercollection of extraordinary event charges, in order to
complete payment of scheduled principal and interest on extraordinary event bonds and
other financing costs in a timely fashion;
new text end
new text begin
(8) a memorandum with supporting exhibits, from a securities firm that is experienced
in the marketing of bonds and that is approved by the commissioner of management and
budget, indicating the proposed issuance satisfies the current published AA or Aa2 or higher
rating or equivalent rating criteria of at least one nationally recognized securities rating
organization for issuances similar to the proposed extraordinary event bonds;
new text end
new text begin
(9) an estimate of the timing of the issuance and the term of the extraordinary event
bonds, or series of bonds, provided that the scheduled final maturity for each bond issuance
does not exceed 30 years;
new text end
new text begin
(10) identification of plans to sell, assign, transfer, or convey, other than as a security,
interest in extraordinary event property, including identification of an assignee, and
demonstration that the assignee is a financing entity wholly owned, directly or indirectly,
by the utility;
new text end
new text begin
(11) identification of ancillary agreements that may be necessary or appropriate;
new text end
new text begin
(12) one or more alternative financing scenarios in addition to the preferred scenario
contained in the application;
new text end
new text begin
(13) the extent of damage to the utility's infrastructure caused by an extraordinary event
and the estimated costs to repair or replace the damaged infrastructure;
new text end
new text begin
(14) a schedule of the proposed repairs to and replacement of damaged infrastructure;
new text end
new text begin
(15) a description of the steps taken to provide customers interim natural gas service
while the damaged infrastructure is being repaired or replaced; and
new text end
new text begin
(16) a description of the impacts on the utility's current workforce resulting from
implementing an infrastructure repair or replacement plan following an extraordinary event.
new text end
new text begin Subd. 2. new text end
new text begin Findings. new text end
new text begin
After providing notice and holding a public hearing on an application
filed under subdivision 1, the commission may issue a financing order if the commission
finds that:
new text end
new text begin
(1) the extraordinary event costs described in the application are reasonable;
new text end
new text begin
(2) the proposed issuance of extraordinary event bonds and the imposition and collection
of extraordinary event charges:
new text end
new text begin
(i) are just and reasonable;
new text end
new text begin
(ii) are consistent with the public interest;
new text end
new text begin
(iii) constitute a prudent and reasonable mechanism to finance the extraordinary event
costs; and
new text end
new text begin
(iv) provide tangible and quantifiable benefits to customers that exceed the benefits that
would have been achieved absent the issuance of extraordinary event bonds; and
new text end
new text begin
(3) the proposed structuring, marketing, and pricing of the extraordinary event bonds:
new text end
new text begin
(i) significantly lower overall costs to customers or significantly mitigate rate impacts
to customers relative to traditional methods of financing; and
new text end
new text begin
(ii) achieve significant customer savings or significant mitigation of rate impacts to
customers, as determined by the commission in a financing order, consistent with market
conditions at the time of sale and the terms of the financing order.
new text end
new text begin Subd. 3. new text end
new text begin Contents. new text end
new text begin
(a) A financing order issued under this section must:
new text end
new text begin
(1) determine the maximum amount of extraordinary event costs that may be financed
from proceeds of extraordinary event bonds issued pursuant to the financing order;
new text end
new text begin
(2) describe the proposed customer billing mechanism for extraordinary event charges
and include a finding that the mechanism is just and reasonable;
new text end
new text begin
(3) describe the financing costs that may be recovered through extraordinary event
charges and the period over which the costs may be recovered, which must end no earlier
than the date of final legal maturity of the extraordinary event bonds;
new text end
new text begin
(4) describe the extraordinary event property that is created and that may be used to pay,
and secure the payment of, the extraordinary event bonds and financing costs authorized in
the financing order;
new text end
new text begin
(5) authorize the utility to finance extraordinary event costs through the issuance of one
or more series of extraordinary event bonds. A utility is not required to secure a separate
financing order for each issuance of extraordinary event bonds or for each scheduled phase
of the replacement of natural gas facilities approved in the financing order;
new text end
new text begin
(6) include a formula-based mechanism that must be used to make expeditious periodic
adjustments to the extraordinary event charge authorized by the financing order that are
necessary to correct for any overcollection or undercollection, or to otherwise guarantee
the timely payment of extraordinary event bonds, financing costs, and other required amounts
and charges payable in connection with extraordinary event bonds;
new text end
new text begin
(7) specify the degree of flexibility afforded to the utility in establishing the terms and
conditions of the extraordinary event bonds, including but not limited to repayment schedules,
expected interest rates, and other financing costs;
new text end
new text begin
(8) specify that the extraordinary event bonds must be issued as soon as feasible following
issuance of the financing order;
new text end
new text begin
(9) require the utility, at the same time as extraordinary event charges are initially
collected and independent of the schedule to close and decommission any natural gas facility
replaced as the result of an extraordinary event, to remove the natural gas facility from the
utility's rate base and commensurately reduce the utility's base rates;
new text end
new text begin
(10) specify a future ratemaking process to reconcile any difference between the projected
pretax costs included in the amount financed by extraordinary event bonds and the final
actual pretax costs incurred by the utility to retire or replace the natural gas facility;
new text end
new text begin
(11) specify information regarding bond issuance and repayments, financing costs,
energy transaction charges, extraordinary event property, and related matters that the natural
gas utility is required to provide to the commission on a schedule determined by the
commission;
new text end
new text begin
(12) allow and may require the creation of a utility's extraordinary event property to be
conditioned on, and occur simultaneously with, the sale or other transfer of the extraordinary
event property to an assignee and the pledge of the extraordinary event property to secure
the extraordinary event bonds;
new text end
new text begin
(13) ensure that the structuring, marketing, and pricing of extraordinary event bonds
result in reasonable securitization bond charges and significant customer savings or rate
impact mitigation, consistent with market conditions and the terms of the financing order;
and
new text end
new text begin
(14) specify that a utility financing the replacement of one or more natural gas facilities
after the natural gas facilities subject to the finance order are removed from the utility's rate
base is prohibited from:
new text end
new text begin
(i) operating the natural gas facilities; or
new text end
new text begin
(ii) selling the natural gas facilities to another entity to be operated as natural gas facilities.
new text end
new text begin
(b) A financing order issued under this section may:
new text end
new text begin
(1) include conditions different from those requested in the application that the
commission determines are necessary to:
new text end
new text begin
(i) promote the public interest; and
new text end
new text begin
(ii) maximize the financial benefits or minimize the financial risks of the transaction to
customers and to directly impacted Minnesota workers and communities; and
new text end
new text begin
(2) specify the selection of one or more underwriters of the extraordinary event bonds.
new text end
new text begin Subd. 4. new text end
new text begin Duration; irrevocability; subsequent order. new text end
new text begin
(a) A financing order remains
in effect until the extraordinary event bonds issued under the financing order and all financing
costs related to the bonds have been paid in full.
new text end
new text begin
(b) A financing order remains in effect and unabated notwithstanding the bankruptcy,
reorganization, or insolvency of the utility to which the financing order applies or any
affiliate, successor, or assignee of the utility to which the financing order applies.
new text end
new text begin
(c) Subject to judicial review under section 216B.52, a financing order is irrevocable
and is not reviewable by a future commission. The commission may not reduce, impair,
postpone, or terminate extraordinary event charges approved in a financing order, or impair
extraordinary event property or the collection or recovery of extraordinary event revenue.
new text end
new text begin
(d) Notwithstanding paragraph (c), the commission may, on the commission's own
motion or at the request of a utility or any other person, commence a proceeding and issue
a subsequent financing order that provides for refinancing, retiring, or refunding extraordinary
event bonds issued under the original financing order if:
new text end
new text begin
(1) the commission makes all of the findings specified in subdivision 2 with respect to
the subsequent financing order; and
new text end
new text begin
(2) the modification contained in the subsequent financing order does not in any way
impair the covenants and terms of the extraordinary event bonds being refinanced, retired,
or refunded.
new text end
new text begin Subd. 5. new text end
new text begin Effect on commission jurisdiction. new text end
new text begin
(a) Except as provided in paragraph (b),
the commission, in exercising the powers and carrying out the duties under this section, is
prohibited from:
new text end
new text begin
(1) considering extraordinary event bonds issued under this section to be debt of the
utility other than for income tax purposes, unless it is necessary to consider the extraordinary
event bonds to be debt in order to achieve consistency with prevailing utility debt rating
methodologies;
new text end
new text begin
(2) considering the extraordinary event charges paid under the financing order to be
revenue of the utility;
new text end
new text begin
(3) considering the extraordinary event or financing costs specified in the financing
order to be the regulated costs or assets of the utility; or
new text end
new text begin
(4) determining that any prudent action taken by a utility that is consistent with the
financing order is unjust or unreasonable.
new text end
new text begin
(b) Nothing in this subdivision:
new text end
new text begin
(1) affects the authority of the commission to apply or modify any billing mechanism
designed to recover extraordinary event charges;
new text end
new text begin
(2) prevents or precludes the commission from (i) investigating a utility's compliance
with the terms and conditions of a financing order, and (ii) requiring compliance with the
financing order; or
new text end
new text begin
(3) prevents or precludes the commission from imposing regulatory sanctions against a
utility for failure to comply with the terms and conditions of a financing order or the
requirements of this section.
new text end
new text begin
(c) The commission is prohibited from refusing to allow a utility to recover any costs
associated with the replacement of natural gas facilities solely because the utility has elected
to finance the natural gas facility replacement through a financing mechanism other than
extraordinary event bonds.
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.
new text begin
[216B.493] POSTORDER COMMISSION DUTIES.
new text end
new text begin Subdivision 1. new text end
new text begin Financing cost review. new text end
new text begin
Within 120 days after the date extraordinary
event bonds are issued, a utility subject to a financing order must file with the commission
the actual initial and ongoing financing costs, the final structure and pricing of the
extraordinary event bonds, and the actual extraordinary event charge. The commission must
review the prudence of the natural gas utility's actions to determine whether the actual
financing costs were the lowest that could reasonably be achieved given the terms of the
financing order and market conditions prevailing at the time of the bond's issuance.
new text end
new text begin Subd. 2. new text end
new text begin Enforcement. new text end
new text begin
If the commission determines that a utility's actions under this
section are not prudent or are inconsistent with the financing order, the commission may
apply any remedies available, provided that any remedy applied may not directly or indirectly
impair the security for the extraordinary event bonds.
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.
new text begin
[216B.494] USE OF OUTSIDE EXPERTS.
new text end
new text begin
(a) In carrying out the duties under this section, the commission may:
new text end
new text begin
(1) contract with outside consultants and counsel experienced in securitized utility
customer-backed bond financing similar to extraordinary event bonds; and
new text end
new text begin
(2) hire and compensate additional temporary staff as needed.
new text end
new text begin
Expenses incurred by the commission under this paragraph must be treated as financing
costs and included in the extraordinary event charge. The costs incurred under clause (1)
are not an obligation of the state and are assigned solely to the transaction.
new text end
new text begin
(b) A utility presented with a written request from the commission for reimbursement
of the commission's expenses incurred under paragraph (a), accompanied by a detailed
account of those expenses, must remit full payment of the expenses to the commission
within 30 days of receiving the request.
new text end
new text begin
(c) If a utility's application for a financing order is denied or withdrawn for any reason
and extraordinary event bonds are not issued, the commission's costs to retain expert
consultants under this section must be paid by the applicant utility and are deemed to be
prudent deferred expenses eligible for recovery in the utility's future rates.
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.
new text begin
[216B.495] EXTRAORDINARY EVENT CHARGE; BILLING
TREATMENT.
new text end
new text begin
(a) A utility that obtains a financing order and causes extraordinary event bonds to be
issued must:
new text end
new text begin
(1) include on each customer's monthly natural gas bill:
new text end
new text begin
(i) a statement that a portion of the charges represents extraordinary event charges
approved in a financing order;
new text end
new text begin
(ii) the amount and rate of the extraordinary event charge as a separate line item titled
"extraordinary event charge"; and
new text end
new text begin
(iii) if extraordinary event property has been transferred to an assignee, a statement that
the assignee is the owner of the rights to extraordinary event charges and that the utility or
other entity, if applicable, is acting as a collection agent or servicer for the assignee; and
new text end
new text begin
(2) file annually with the commission:
new text end
new text begin
(i) a calculation of the impact of financing the retirement or replacement of natural gas
facilities on customer rates, itemized by customer class; and
new text end
new text begin
(ii) evidence demonstrating that extraordinary event revenues are applied solely to the
repayment of extraordinary event bonds and other financing costs.
new text end
new text begin
(b) Extraordinary event charges are nonbypassable and must be paid by all existing and
future customers receiving service from the utility or the utility's successors or assignees
under commission-approved rate schedules or special contracts.
new text end
new text begin
(c) A utility's failure to comply with this section does not invalidate, impair, or affect
any financing order, extraordinary event property, extraordinary event charge, or
extraordinary event bonds, but does subject the utility to penalties under applicable
commission rules.
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.
new text begin
[216B.496] EXTRAORDINARY EVENT PROPERTY.
new text end
new text begin Subdivision 1. new text end
new text begin General. new text end
new text begin
(a) Extraordinary event property is an existing present property
right or interest in a property right, even though the imposition and collection of extraordinary
event charges depend on the utility collecting extraordinary event charges and on future
natural gas consumption. The property right or interest exists regardless of whether the
revenues or proceeds arising from the extraordinary event property have been billed, have
accrued, or have been collected.
new text end
new text begin
(b) Extraordinary event property exists until all extraordinary event bonds issued under
a financing order are paid in full and all financing costs and other costs of the extraordinary
event bonds have been recovered in full.
new text end
new text begin
(c) All or any portion of extraordinary event property described in a financing order
issued to a utility may be transferred, sold, conveyed, or assigned to a successor or assignee
that is wholly owned, directly or indirectly, by the utility and is created for the limited
purpose of acquiring, owning, or administering extraordinary event property or issuing
extraordinary event bonds authorized by the financing order. All or any portion of
extraordinary event property may be pledged to secure extraordinary event bonds issued
under a financing order, amounts payable to financing parties and to counterparties under
any ancillary agreements, and other financing costs. Each transfer, sale, conveyance,
assignment, or pledge by a utility or an affiliate of extraordinary event property is a
transaction in the ordinary course of business.
new text end
new text begin
(d) If a utility defaults on any required payment of charges arising from extraordinary
event property described in a financing order, a court, upon petition by an interested party
and without limiting any other remedies available to the petitioner, must order the
sequestration and payment of the revenues arising from the extraordinary event property to
the financing parties.
new text end
new text begin
(e) The interest of a transferee, purchaser, acquirer, assignee, or pledgee in extraordinary
event property specified in a financing order issued to a utility, and in the revenue and
collections arising from the property, is not subject to setoff, counterclaim, surcharge, or
defense by the utility or any other person, or in connection with the reorganization,
bankruptcy, or other insolvency of the utility or any other entity.
new text end
new text begin
(f) A successor to a utility, whether resulting from a reorganization, bankruptcy, or other
insolvency proceeding; merger or acquisition; sale; other business combination; transfer by
operation of law; utility restructuring; or otherwise, must perform and satisfy all obligations
of, and has the same duties and rights under, a financing order as the utility to which the
financing order applies. A successor to a utility must perform the duties and exercise the
rights in the same manner and to the same extent as the utility, including collecting and
paying to any person entitled to receive revenues, collections, payments, or proceeds of
extraordinary event property.
new text end
new text begin Subd. 2. new text end
new text begin Security interests in extraordinary event property. new text end
new text begin
(a) The creation,
perfection, and enforcement of any security interest in extraordinary event property to secure
the repayment of the principal and interest on extraordinary event bonds, amounts payable
under any ancillary agreement, and other financing costs are governed solely by this section.
new text end
new text begin
(b) A security interest in extraordinary event property is created, valid, and binding
when:
new text end
new text begin
(1) the financing order that describes the extraordinary event property is issued;
new text end
new text begin
(2) a security agreement is executed and delivered; and
new text end
new text begin
(3) value is received for the extraordinary event bonds.
new text end
new text begin
(c) Once a security interest in extraordinary event property is created, the security interest
attaches without any physical delivery of collateral or any other act. The lien of the security
interest is valid, binding, and perfected against all parties having claims of any kind in tort,
contract, or otherwise against the person granting the security interest, regardless of whether
the parties have notice of the lien, upon the filing of a financing statement with the secretary
of state.
new text end
new text begin
(d) The description or indication of extraordinary event property in a transfer or security
agreement and a financing statement is sufficient only if the description or indication refers
to this section and the financing order creating the extraordinary event property.
new text end
new text begin
(e) A security interest in extraordinary event property is a continuously perfected security
interest and has priority over any other lien, created by operation of law or otherwise, which
may subsequently attach to the extraordinary event property unless the holder of the security
interest has agreed otherwise in writing.
new text end
new text begin
(f) The priority of a security interest in extraordinary event property is not affected by
the commingling of extraordinary event property or extraordinary event revenue with other
money. An assignee, bondholder, or financing party has a perfected security interest in the
amount of all extraordinary event property or extraordinary event revenue that is pledged
to pay extraordinary event bonds, even if the extraordinary event property or extraordinary
event revenue is deposited in a cash or deposit account of the utility in which the
extraordinary event revenue is commingled with other money. Any other security interest
that applies to the other money does not apply to the extraordinary event revenue.
new text end
new text begin
(g) Neither a subsequent commission order amending a financing order under section
216B.492, subdivision 4, nor application of an adjustment mechanism authorized by a
financing order under section 216B.492, subdivision 3, affects the validity, perfection, or
priority of a security interest in or transfer of extraordinary event property.
new text end
new text begin
(h) A valid and enforceable security interest in extraordinary event property is perfected
only when the security interest has attached and when a financing order has been filed with
the secretary of state in accordance with procedures established by the secretary of state.
The financing order must name the pledgor of the extraordinary event property as debtor
and identify the property.
new text end
new text begin Subd. 3. new text end
new text begin Sales of extraordinary event property. new text end
new text begin
(a) A sale, assignment, or transfer of
extraordinary event property is an absolute transfer and true sale of, and not a pledge of or
secured transaction relating to, the seller's right, title, and interest in, to, and under the
extraordinary event property if the documents governing the transaction expressly state that
the transaction is a sale or other absolute transfer. A transfer of an interest in extraordinary
event property may be created when:
new text end
new text begin
(1) the financing order creating and describing the extraordinary event property is
effective;
new text end
new text begin
(2) the documents evidencing the transfer of the extraordinary event property are executed
and delivered to the assignee; and
new text end
new text begin
(3) value is received.
new text end
new text begin
(b) A transfer of an interest in extraordinary event property must be filed with the
secretary of state against all third persons and perfected under sections 336.3-301 to
336.3-312, including any judicial lien or other lien creditors or any claims of the seller or
creditors of the seller, other than creditors holding a prior security interest, ownership
interest, or assignment in the extraordinary event property previously perfected under this
subdivision or subdivision 2.
new text end
new text begin
(c) The characterization of a sale, assignment, or transfer as an absolute transfer and
true sale, and the corresponding characterization of the property interest of the assignee, is
not affected or impaired by:
new text end
new text begin
(1) commingling of extraordinary event revenue with other money;
new text end
new text begin
(2) the retention by the seller of:
new text end
new text begin
(i) a partial or residual interest, including an equity interest, in the extraordinary event
property, whether direct or indirect, or whether subordinate or otherwise; or
new text end
new text begin
(ii) the right to recover costs associated with taxes, franchise fees, or license fees imposed
on the collection of extraordinary event revenue;
new text end
new text begin
(3) any recourse that the purchaser may have against the seller;
new text end
new text begin
(4) any indemnification rights, obligations, or repurchase rights made or provided by
the seller;
new text end
new text begin
(5) an obligation of the seller to collect extraordinary event revenues on behalf of an
assignee;
new text end
new text begin
(6) the treatment of the sale, assignment, or transfer for tax, financial reporting, or other
purposes;
new text end
new text begin
(7) any subsequent financing order amending a financing order under section 216B.492,
subdivision 4, paragraph (d); or
new text end
new text begin
(8) any application of an adjustment mechanism under section 216B.492, subdivision
3, paragraph (a), 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. 14.
new text begin
[216B.497] EXTRAORDINARY EVENT BONDS.
new text end
new text begin
(a) Banks, trust companies, savings and loan associations, insurance companies, executors,
administrators, guardians, trustees, and other fiduciaries may legally invest any money
within the individual's or entity's control in extraordinary event bonds.
new text end
new text begin
(b) Extraordinary event bonds issued under a financing order are not debt of or a pledge
of the faith and credit or taxing power of the state, any agency of the state, or any political
subdivision. Holders of extraordinary event bonds may not have taxes levied by the state
or a political subdivision in order to pay the principal or interest on extraordinary event
bonds. The issuance of extraordinary event bonds does not directly, indirectly, or contingently
obligate the state or a political subdivision to levy any tax or make any appropriation to pay
principal or interest on the extraordinary event bonds.
new text end
new text begin
(c) The state pledges to and agrees with holders of extraordinary event bonds, any
assignee, and any financing parties that the state will not:
new text end
new text begin
(1) take or permit any action that impairs the value of extraordinary event property; or
new text end
new text begin
(2) reduce, alter, or impair extraordinary event charges that are imposed, collected, and
remitted for the benefit of holders of extraordinary event bonds, any assignee, and any
financing parties until any principal, interest, and redemption premium payable on
extraordinary event bonds, all financing costs, and all amounts to be paid to an assignee or
financing party under an ancillary agreement are paid in full.
new text end
new text begin
(d) A person who issues extraordinary event bonds may include the pledge specified in
paragraph (c) in the extraordinary event bonds, ancillary agreements, and documentation
related to the issuance and marketing of the extraordinary event bonds.
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.
new text begin
[216B.498] ASSIGNEE OF FINANCING PARTY NOT SUBJECT TO
COMMISSION REGULATION.
new text end
new text begin
An assignee or financing party that is not already regulated by the commission does not
become subject to commission regulation solely as a result of engaging in any transaction
authorized by or described in sections 216B.491 to 216B.499.
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
[216B.499] EFFECT ON OTHER LAWS.
new text end
new text begin
(a) If any provision of sections 216B.491 to 216B.499 conflicts with any other law
regarding the attachment, assignment, perfection, effect of perfection, or priority of any
security interest in or transfer of extraordinary event property, sections 216B.491 to 216B.499
govern.
new text end
new text begin
(b) Nothing in this section precludes a utility for which the commission has initially
issued a financing order from applying to the commission for:
new text end
new text begin
(1) a subsequent financing order amending the financing order under section 216B.492,
subdivision 4, paragraph (d); or
new text end
new text begin
(2) approval to issue extraordinary event bonds to refund all or a portion of an outstanding
series of extraordinary event bonds.
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 2020, section 216B.50, subdivision 1, is amended to read:
Subdivision 1.
Commission approval required.
No public utility shall sell, acquire,
lease, or rent any plant as an operating unit or system in this state for a total consideration
in excess of deleted text begin $100,000deleted text end new text begin $1,000,000new text end , or merge or consolidate with another public utility or
transmission company operating in this state, without first being authorized so to do by the
commission. Upon the filing of an application for the approval and consent of the
commission, the commission shall investigate, with or without public hearing. The
commission shall hold a public hearing, upon such notice as the commission may require.
If the commission finds that the proposed action is consistent with the public interest, it
shall give its consent and approval by order in writing. In reaching its determination, the
commission shall take into consideration the reasonable value of the property, plant, or
securities to be acquired or disposed of, or merged and consolidated.
This section does not apply to the purchase of property to replace or add to the plant of
the public utility by construction.
Sec. 18.
Minnesota Statutes 2021 Supplement, section 216C.376, subdivision 5, is amended
to read:
Subd. 5.
Program funding.
(a) In 2022, the public utility subject to section 116C.779
must withhold $8,000,000 from the transfer made under section 116C.779, subdivision 1,
paragraph (e), to pay for assistance provided by the program under this section.new text begin In 2024,
the amount that must be withheld is $8,000,000.new text end The money withheld under this paragraph
must be used to pay for financial assistance awarded under this section and the costs to
administer this section. Any money that remains unexpended deleted text begin on June 30, 2027,deleted text end new text begin five years
after the money is withheldnew text end cancels to the renewable development account.
(b) The renewable energy credits associated with the electricity generated by a solar
energy system installed under this section are the property of the public utility that is subject
to this section for the life of the system, regardless of the duration of the financial assistance
provided by the public utility under this section.
Sec. 19.
Minnesota Statutes 2020, section 216C.435, subdivision 8, is amended to read:
Subd. 8.
Qualifying commercial real property.
"Qualifying commercial real property"
means a multifamily residential dwelling, deleted text begin ordeleted text end a commercial or industrial building,new text begin or farmlandnew text end
that the implementing entity has determined, after review of an energy audit deleted text begin ordeleted text end new text begin ,new text end renewable
energy system feasibility study,new text begin or agronomic assessment,new text end can deleted text begin be benefited bydeleted text end new text begin benefit from
the new text end installation of cost-effective energy improvementsnew text begin or land and water improvements, as
defined in section 216C.436, subdivision 1bnew text end . Qualifying commercial real property includes
new construction.
Sec. 20.
Minnesota Statutes 2020, section 216C.436, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "land and water improvements"
means:
new text end
new text begin
(1) any improvement to qualifying farmland, as defined in section 273.13, subdivision
23, that is permanent in nature, results in improved agricultural productivity or resiliency,
and reduces environmental impact; or
new text end
new text begin
(2) water conservation measures, which includes permanently affixed equipment,
appliances, or improvements that reduce a property's water consumption or that enable the
property to manage water more efficiently.
new text end
Sec. 21.
Minnesota Statutes 2020, section 216C.436, subdivision 2, is amended to read:
Subd. 2.
Program requirements.
A commercial PACE loan program must:
(1) impose requirements and conditions on financing arrangements to ensure timely
repayment;
(2) require an energy audit or renewable energy system feasibility study to be conducted
on the qualifying commercial real property and reviewed by the implementing entity prior
to approval of the financing;
(3) require the inspection of all installations and a performance verification of at least
ten percent of the cost-effective energy improvementsnew text begin or land and water improvementsnew text end
financed by the program;
(4) not prohibit the financing of all cost-effective energy improvementsnew text begin or land and
water improvementsnew text end not otherwise prohibited by this section;
(5) require that all cost-effective energy improvementsnew text begin or land and water improvementsnew text end
be made to a qualifying commercial real property prior to, or in conjunction with, an
applicant's repayment of financing for cost-effective energy improvements for that property;
(6) have cost-effective energy improvementsnew text begin or land and water improvementsnew text end financed
by the program performed by a licensed contractor as required by chapter 326B or other
law or ordinance;
(7) require disclosures to borrowers by the implementing entity of the risks involved in
borrowing, including the risk of foreclosure if a tax delinquency results from a default;
(8) provide financing only to those who demonstrate an ability to repay;
(9) not provide financing for a qualifying commercial real property in which the owner
is not current on mortgage or real property tax payments;
(10) require a petition to the implementing entity by all owners of the qualifying
commercial real property requesting collections of repayments as a special assessment under
section 429.101;
(11) provide that payments and assessments are not accelerated due to a default and that
a tax delinquency exists only for assessments not paid when due; deleted text begin and
deleted text end
(12) require that liability for special assessments related to the financing runs with the
qualifying commercial real propertynew text begin ; and
new text end
new text begin (13) prior to financing any improvements to or imposing any assessment upon qualifying
commercial real property, require notice to and written consent from the mortgage lender
of any mortgage encumbering or otherwise secured by the qualifying commercial real
propertynew text end .
Sec. 22.
new text begin
[216H.022] CARBON CAPTURE AND SEQUESTRATION; STATE
POLICY.
new text end
new text begin
It is the policy of the state to support the development and deployment of carbon capture
and sequestration technologies in Minnesota as a method of reducing greenhouse gas
emissions in order to achieve the state greenhouse gas emission-reduction goals established
under section 216H.02, 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. 23.
Minnesota Statutes 2020, section 237.55, is amended to read:
237.55 ANNUAL REPORT ON TELECOMMUNICATIONS ACCESS.
The commissioner of commerce must prepare a report for presentation to the Public
Utilities Commission by deleted text begin Januarydeleted text end new text begin Marchnew text end 31 deleted text begin ofdeleted text end each year. Each report must review the
accessibility of telecommunications services to persons who have communication disabilities,
describe services provided, account for annual revenues and expenditures for each aspect
of the fund to date, and include predicted program future operation.
Sec. 24.
new text begin
[465.485] BAN ON NATURAL GAS AND PROPANE HOOKUPS;
PROHIBITION.
new text end
new text begin
A political subdivision is prohibited from adopting an ordinance, resolution, code, policy,
or permit requirement that prohibits or has the effect of preventing a utility from (1)
connecting or reconnecting natural gas or propane to any building, or (2) supplying natural
gas or propane to any building or utility customer.
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. 25.
Laws 2020, chapter 118, section 5, subdivision 1, is amended to read:
Subdivision 1.
Community energy transition grants.
(a) Notwithstanding Minnesota
Statutes, section 116C.779, subdivision 1, paragraph (j), $2,000,000 in fiscal year 2021 is
appropriated from the renewable development account established in Minnesota Statutes,
section 116C.779, subdivision 1, to the commissioner of employment and economic
development for deposit in the community energy transition account established in Minnesota
Statutes, section 116J.55, subdivision 3. This is a onetime appropriation and is available
until June 30, deleted text begin 2022deleted text end new text begin 2025new text end .
(b) If another bill is enacted during the 2020 regular legislative session that appropriates
money from the renewable development account established in Minnesota Statutes, section
116C.779, subdivision 1, for the same general purpose as provided under Minnesota Statutes,
section 116J.55, the appropriation under this subdivision cancels to the renewable
development account under Minnesota Statutes, section 116C.779, subdivision 1.
Sec. 26.
Laws 2021, First Special Session chapter 4, article 2, section 3, subdivision 1, is
amended to read:
Subdivision 1.Total Appropriation
|
$ |
deleted text begin
4,825,000
deleted text end
new text begin
4,325,000 new text end |
$ |
deleted text begin
1,800,000
deleted text end
new text begin
1,300,000 new text end |
||
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
Sec. 27. new text begin ADVANCED NUCLEAR STUDY.
new text end
new text begin Subdivision 1. new text end
new text begin Study required. new text end
new text begin
(a) The commissioner of commerce must conduct a
study evaluating the potential costs, benefits, and impacts of advanced nuclear technology
reactor power generation in Minnesota.
new text end
new text begin
(b) At a minimum, the study must address the potential costs, benefits, and impacts of
advanced nuclear technology reactor power generation on:
new text end
new text begin
(1) Minnesota's greenhouse gas emissions reduction goals under the Next Generation
Energy Act, Laws 2007, chapter 136;
new text end
new text begin
(2) system costs for ratepayers;
new text end
new text begin
(3) system reliability;
new text end
new text begin
(4) the environment;
new text end
new text begin
(5) local jobs; and
new text end
new text begin
(6) local economic development.
new text end
new text begin
(c) The study must also evaluate:
new text end
new text begin
(1) current Minnesota statutes and administrative rules that would require modifications
in order to enable the construction and operation of advanced nuclear reactors; and
new text end
new text begin
(2) the economic feasibility of replacing coal-fired boilers with advanced nuclear reactors,
while accounting for the avoided costs that result from the closure of coal-fired plants.
new text end
new text begin Subd. 2. new text end
new text begin Report. new text end
new text begin
The commissioner of commerce must submit the results of the study
under subdivision 1 to the chairs and ranking minority members of the legislative committees
having jurisdiction over energy finance and policy no later than January 31, 2023.
new text end
Sec. 28. new text begin DECOMMISSIONING AND DEMOLITION PLAN FOR COAL-FIRED
PLANT.
new text end
new text begin
As a part of the next resource plan filing under Minnesota Statutes, section 216B.2422,
subdivision 2, but no later than December 31, 2025, the public utility that owns an electric
generation facility that is powered by coal, scheduled for retirement in 2028, and located
within the St. Croix National Scenic Riverway must provide, to the extent known, the public
utility's plan and a detailed timeline to decommission and demolish the electric generation
facility and remediate pollution at the electric generation facility site. The public utility
must also provide a copy of the plan and timeline to the governing body of the municipality
where the electric generation facility is located on the same date the plan and timeline are
submitted to the Public Utilities Commission. If a resource plan is not filed or required
before December 31, 2025, the plan and timeline must be submitted to the Public Utilities
Commission and the municipality as a separate filing by December 31, 2025.
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 APPROPRIATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Advanced nuclear study. new text end
new text begin
$150,000 in fiscal year 2023 is appropriated
from the general fund to the commissioner of commerce to conduct an advanced nuclear
study and develop a report. This is a onetime appropriation.
new text end
new text begin Subd. 2. new text end
new text begin Solar for schools. new text end
new text begin
$4,150,000 in fiscal year 2023 is appropriated from the
general fund to the commissioner of commerce to provide financial assistance to schools
to purchase and install solar energy generating systems under Minnesota Statutes, section
216C.375. This appropriation must be expended on schools located outside the electric
service territory of the public utility that is subject to Minnesota Statutes, section 116C.779.
This appropriation is available until June 30, 2028. The base amount for fiscal year 2024
is $5,700,000. The base amount for fiscal year 2025 is $0.
new text end
new text begin Subd. 3. new text end
new text begin Granite Falls hydroelectric generating facility. new text end
new text begin
Notwithstanding Minnesota
Statutes, section 116C.779, subdivision 1, paragraph (j), $2,290,000 is appropriated in fiscal
year 2023 from the renewable development account established under Minnesota Statutes,
section 116C.779, subdivision 1, to the commissioner of commerce for a grant to the city
of Granite Falls for repair and overage costs related to the city's existing hydroelectric
generating facility. This is a onetime appropriation. Any amount of the appropriation under
this paragraph that remains unexpended on June 30, 2024, must be returned to the renewable
development account.
new text end
new text begin Subd. 4. new text end
new text begin Community energy transition grants. new text end
new text begin
$3,500,000 in fiscal year 2023 is
appropriated from the renewable development account to the commissioner of employment
and economic development. This appropriation is available only for grants to eligible
communities located within the service territory of the public utility subject to Minnesota
Statutes, section 116C.779. This is a onetime appropriation and is available until June 30,
2029.
new text end
new text begin Subd. 5. new text end
new text begin National Sports Center solar array. new text end
new text begin
Notwithstanding Minnesota Statutes,
section 116C.779, subdivision 1, paragraph (j), $3,500,000 in fiscal year 2023 is appropriated
from the renewable development account to the Minnesota Amateur Sports Commission to
install solar arrays. This appropriation may be used to install solar arrays on an ice rink and
a maintenance facility at the National Sports Center in Blaine. This is a onetime appropriation.
new text end
Sec. 30. new text begin REPEALER.
new text end
new text begin
Laws 2005, chapter 97, article 10, section 3, as amended by Laws 2013, chapter 85,
article 7, section 9; and Laws 2021, First Special Session chapter 4, article 2, section 3,
subdivision 3,
new text end
new text begin
are repealed.
new text end
ARTICLE 6
JOBS AND ECONOMIC GROWTH APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns under "Appropriations" are added to the appropriations
in Laws 2021, First Special Session chapter 10, or other law to the specified agencies. The
appropriations are from the general fund, or another named fund, and are available for the
fiscal years indicated for each purpose. The figures "2022" and "2023" used in this article
mean that the appropriations listed under them are available for the fiscal year ending June
30, 2022, or June 30, 2023, respectively. Appropriations for the fiscal year ending June 30,
2022, are effective the day following final enactment.
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
2022 new text end |
new text begin
2023 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF LABOR AND
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
225,000 new text end |
||
new text begin
(a) $175,000 is to study the adequacy of
current benefits available to disabled or injured
police officers, firefighters, and state troopers.
The study shall consider workers'
compensation, disability, and pension benefits
and the adequacy of these benefits for
Minnesota police officers, firefighters, and
state troopers. At least one public hearing shall
be held. The Public Employees Retirement
Association shall cooperate with the
department in conducting this study. The
department shall issue a report no later than
January 15, 2023, to the chairs and ranking
minority members of the standing committees
of the house of representatives and the senate
having jurisdiction over public safety and
employment issues and to the chair of the
Legislative Commission on Pensions and
Retirement.
new text end
new text begin
(b)(1) $50,000 in fiscal year 2023 is
appropriated from the workforce development
fund to the commissioner of labor and industry
for a grant to Abijah's on the Backside to
provide equine experiential mental health
therapy to first responders suffering from
job-related trauma and post-traumatic stress
disorder.
new text end
new text begin
(2) For purposes of this section, a "first
responder" is a peace officer as defined in
Minnesota Statutes, section 626.84,
subdivision 1, paragraph (c); a full-time
firefighter as defined in Minnesota Statutes,
section 299N.03, subdivision 5; or a volunteer
firefighter as defined in Minnesota Statutes,
section 299N.03, subdivision 7.
new text end
new text begin
(3) Abijah's on the Backside must report to
the commissioner of labor and industry and
the chairs and ranking minority members of
the house of representatives and senate
committees overseeing labor and industry
policy and finance on the equine experiential
mental health therapy provided to first
responders under this section. The report must
include an overview of the program's budget,
a detailed explanation of program
expenditures, the number of first responders
served by the program, and a list and
explanation of the services provided to and
benefits received by program participants. An
initial report is due by January 15, 2023, and
a final report is due by January 15, 2024.
new text end
Sec. 3.
Laws 2021, First Special Session chapter 10, article 1, section 2, subdivision 2, is
amended to read:
Subd. 2.Business and Community Development
|
208,015,000 |
44,741,000 |
||||
| Appropriations by Fund |
||
| General |
205,215,000 |
41,941,000 |
| Remediation |
700,000 |
700,000 |
| Workforce Development |
2,100,000 |
2,100,000 |
(a) $1,787,000 each year is for the greater
Minnesota business development public
infrastructure grant program under Minnesota
Statutes, section 116J.431. This appropriation
is available until June 30, 2025.
(b) $8,425,000 in the first year and $1,425,000
in the second year are 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 and
$7,000,000 in the first year is for technical
assistance to small businesses. Except for
awards for technical assistance for small
businesses, all grant awards shall be for two
consecutive years. Grants shall be awarded in
the first year.
(c) $1,772,000 each year is for contaminated
site cleanup and development grants under
Minnesota Statutes, sections 116J.551 to
116J.558. This appropriation is available until
expended.
(d) $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 expended.
(e) $139,000 each year is for the Center for
Rural Policy and Development.
(f) $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.
(g) $875,000 each year is for the host
community economic development program
established in Minnesota Statutes, section
116J.548.
(h)(1) $2,500,000 each year is for grants to
local communities to increase the number of
quality child care providers to support
economic development. This appropriation is
available through June 30, 2023. Fifty percent
of grant funds must go to communities located
outside the seven-county metropolitan area as
defined in Minnesota Statutes, section
473.121, subdivision 2. In fiscal year 2024
and beyond, the base amount is $1,500,000.
(2) Grant recipients must obtain a 50 percent
nonstate match to grant funds in either cash
or in-kind contribution, unless the
commissioner waives the requirement. Grant
funds available under this subdivision must
be used to implement projects to reduce the
child care shortage in the state, including but
not limited to funding for child care business
start-ups or expansion, training, facility
modifications, direct subsidies or incentives
to retain employees, 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 demonstrated a
shortage of child care providers.
(3) 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 cash and in-kind local funds
invested. Within one month of all grant
recipients reporting on program outcomes, the
commissioner must report the grant recipients'
outcomes to the chairs and ranking members
of the legislative committees with jurisdiction
over early learning and child care and
economic development.
(i) $1,500,000 each year is for a grant to the
Minnesota Initiative Foundations. This
appropriation is available until June 30, 2025.
In fiscal year 2024 and beyond, the base
amount is $1,000,000. The Minnesota
Initiative Foundations must use grant funds
under this section to:
(1) facilitate planning processes for rural
communities resulting in a community solution
action plan that guides decision making to
sustain and increase the supply of quality child
care in the region to support economic
development;
(2) engage the private sector to invest local
resources to support the community solution
action plan and ensure quality child care is a
vital component of additional regional
economic development planning processes;
(3) provide locally based training and technical
assistance to rural child care business owners
individually or through a learning cohort.
Access to financial and business development
assistance must prepare child care businesses
for quality engagement and improvement by
stabilizing operations, leveraging funding from
other sources, and fostering business acumen
that allows child care businesses to plan for
and afford the cost of providing quality child
care; and
(4) recruit child care programs to participate
in quality rating and improvement
measurement programs. The Minnesota
Initiative Foundations must work with local
partners to provide low-cost training,
professional development opportunities, and
continuing education curricula. The Minnesota
Initiative Foundations must fund, through local
partners, an enhanced level of coaching to
rural child care providers to obtain a quality
rating through measurement programs.
(j) $8,000,000 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.
(k) $10,029,000 the first year and $10,028,000
the second year are 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.
In fiscal year 2024 and beyond, the base
amount is $12,370,000. This appropriation is
available until expended. Notwithstanding
Minnesota Statutes, section 116J.8731, money
appropriated to the commissioner for the
Minnesota investment fund may be used for
the redevelopment program under Minnesota
Statutes, sections 116J.575 and 116J.5761, at
the discretion of the commissioner. Grants
under this paragraph are not subject to the
grant amount limitation under Minnesota
Statutes, section 116J.8731.
(l) $0 each year is for the redevelopment
program under Minnesota Statutes, sections
116J.575 and 116J.5761. In fiscal year 2024
and beyond, the base amount is $2,246,000.
(m) $1,000,000 each year is 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 expended. Of this amount, up
to four percent is for administration and
monitoring of the program.
(n) $325,000 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.
(o) $12,000 each year is for a grant to the
Upper Minnesota Film Office.
(p) $500,000 each year is 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, 2025.
(q) $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 expended.
(r) $1,350,000 each year from the workforce
development fund is for jobs training grants
under Minnesota Statutes, section 116L.41.
(s) $2,500,000 each year is for Launch
Minnesota. This appropriation is available
until June 30, 2025. The base in fiscal year
2026 is $0. Of this amount:
(1) $1,500,000 each year is for innovation
grants to eligible Minnesota entrepreneurs or
start-up businesses to assist with their
operating needs;
(2) $500,000 each year is for administration
of Launch Minnesota; and
(3) $500,000 each year is for grantee activities
at Launch Minnesota.
(t) $1,148,000 the first year is for a grant to
the Northeast Entrepreneur Fund, a small
business administration microlender and
community development financial institution
operating in northern Minnesota. Grant funds
must be used as capital for accessing
additional federal lending for small businesses
impacted by COVID-19 and must be returned
to the commissioner for deposit in the general
fund if the Northeast Entrepreneur Fund fails
to secure such federal funds before January 1,
2022.
(u) $80,000,000 the first year is for the Main
Street Economic Revitalization Loan Program.
Of this amount, up to $300,000 is for the
commissioner's administration and monitoring
of the program. This appropriation is available
until June 30, 2025.
(v) $70,000,000 the first year is for the Main
Street COVID-19 Relief Grant Program. Of
this amount, up to:
(1) $34,950,000 is for grants to the Minnesota
Initiative Foundations to serve businesses
outside of the metropolitan area as defined in
Minnesota Statutes, section 473.121,
subdivision 2;
(2) $34,950,000 is for grants to partner
organizations to serve businesses inside the
metropolitan area as defined in Minnesota
Statutes, section 473.121, subdivision 2; and
(3) $100,000 is for the commissioner's
administration and monitoring of the program.
(w) $250,000 each year is for the publication,
dissemination, and use of labor market
information under Minnesota Statutes, section
116J.401.
(x) $500,000 each year is for the airport
infrastructure renewal (AIR) grant program
under Minnesota Statutes, section 116J.439.
In awarding grants with this appropriation, the
commissioner must prioritize eligible
applicants that did not receive a grant pursuant
to the appropriation in Laws 2019, First
Special Session chapter 7, article 1, section 2,
subdivision 2, paragraph (q).
(y) $750,000 each year is from the workforce
development fund for grants to the
Neighborhood Development Center for small
business programs, including:
(1) training, lending, and business services;
(2) model outreach and training in greater
Minnesota; and
(3) development of new business incubators.
This is a onetime appropriation.
(z) $5,000,000 in the first year is for a grant
to Lake of the Woods County for the
forgivable loan program for remote
recreational businesses. This appropriation is
available until April 1, deleted text begin 2022deleted text end new text begin 2023new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from March 31, 2022.
new text end
Sec. 4.
Laws 2021, First Special Session chapter 10, article 1, section 5, is amended to
read:
Sec. 5. BUREAU OF MEDIATION SERVICES
|
$ |
2,370,000 |
$ |
2,415,000 |
||
(a) $125,000 each year is for purposes of the
Public Employment Relations Board under
Minnesota Statutes, section 179A.041. This
is a onetime appropriation.
(b) deleted text begin $68,000 each year is 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.
deleted text end
deleted text begin (c)deleted text end $47,000 each year is for rulemaking,
staffing, and other costs associated with peace
officer grievance procedures.
Sec. 5. new text begin MINNESOTA INVESTMENT FUND AND MINNESOTA JOB CREATION
FUND REQUIREMENTS EXTENSIONS.
new text end
new text begin
Notwithstanding any other law to the contrary, a recipient of a Minnesota Investment
Fund grant under Minnesota Statutes, section 116J.8731, or a recipient of a Minnesota Job
Creation Fund grant under Minnesota Statutes, section 116J.8748, who is unable to meet
the minimum capital investment requirements, wage, or minimum job creation goals or
requirements provided in a business subsidy agreement, as applicable, during or within the
12-month period following a peacetime emergency related to the COVID-19 pandemic shall
be granted an extension until December 31, 2023, to meet those capital investment, wage,
or job creation goals or requirements before the grant must be repaid.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from March 15, 2020.
new text end
ARTICLE 7
DEED POLICY
Section 1.
Minnesota Statutes 2020, section 116J.035, is amended by adding a subdivision
to read:
new text begin Subd. 7a. new text end
new text begin Competitive grants. new text end
new text begin
The commissioner shall, when awarding competitive
grants to organizations for the purpose of providing job training, give priority to programs
or organizations that focus job training in high-wage, high-demand careers. For purposes
of this subdivision, "high-wage, high-demand" has the meaning given in section 116L.99.
new text end
Sec. 2.
Minnesota Statutes 2020, section 116J.55, subdivision 6, is amended to read:
Subd. 6.
Eligible expenditures.
(a) Money in the account established in subdivision 3
must be used only to:
(1) award grants to eligible communities under this section; and
(2) reimburse the department's reasonable costs to administer this section, up to a
maximum of five percent of the appropriation made to the commissioner under this section.new text begin
The commissioner may transfer part of the allowable administrative portion of this
appropriation to the Environmental Quality Board to assist communities with regulatory
coordination, and dedicated technical assistance on conversion for these communities.
new text end
(b) An eligible community awarded a grant under this section may use the grant to plan
for or address the economic and social impacts on the eligible community of the electric
generating plant's cessation of operations, including but not limited to new text begin land use studies,
economic planning, new text end researching, planning, and implementing activities new text begin and impact studies
and other planning activities enabling communities to become shovel-ready and support
the transition from power plants to other economic activities to minimize the negative
impacts of power plant closures on tax revenues and jobs new text end designed to:
(1) assist workers at the plant find new employment, including worker retraining and
developing small business start-up skills;
(2) increase the eligible community's property tax base; and
(3) develop alternative economic development strategies to attract new employers to the
eligible community.
Sec. 3.
Minnesota Statutes 2020, section 116J.552, subdivision 6, is amended to read:
Subd. 6.
Municipality.
"Municipality" means the statutory or home rule charter city,
town,new text begin federally recognized Tribe,new text end or, in the case of unorganized territory, the county in
which the site is located.
Sec. 4.
Minnesota Statutes 2020, section 116J.8747, subdivision 2, is amended to read:
Subd. 2.
Qualified job training program.
To qualify for grants under this section, a
job training program must satisfy the following requirements:
(1) the program must be operated by a nonprofit corporation that qualifies under section
501(c)(3) of the Internal Revenue Code;
(2) the program may spend up to $5,500 in total training per participant;
(3) the program must provide education and training in:
(i) basic skills, such as reading, writing, financial literacy, digital literacy, mathematics,
and communications;
(ii) long-term plans for success including participant coaching for two years after
placement;
(iii) soft skills, including skills critical to success on the job; and
(iv) access to internships, technology training, personal and emotional intelligence skill
development, and other support services;
(4) the program may provide deleted text begin income supplements not to exceed $2,000 per participantdeleted text end new text begin
support servicesnew text end , when needed, to participants for housing, counseling, tuition, and other
basic needs;
(5) individuals served by the program must be 18 years of age or older as of the date of
enrollment, and have household income in the six months immediately before entering the
program that is 200 percent or less of the federal poverty guideline for Minnesota, based
on family size; and
(6) the program must be certified by the commissioner of employment and economic
development as meeting the requirements of this subdivision.
Sec. 5.
Minnesota Statutes 2020, section 116J.8747, subdivision 3, is amended to read:
Subd. 3.
Graduation and retention grant requirements.
new text begin (a) new text end For purposes of a placement
grant under this section, a qualified graduate is a graduate of a job training program qualifying
under subdivision 2 who is placed in a job in Minnesota that pays at least the current state
minimum wage. To qualify for a retention grant under this section for a retention fee, a job
in which the graduate is retained must pay at least the current state minimum wage.
new text begin
(b) Programs are limited to one placement and one retention payment for a qualified
graduate in a performance program.
new text end
Sec. 6.
Minnesota Statutes 2020, section 116J.8747, subdivision 4, is amended to read:
Subd. 4.
Duties of program.
(a) A program certified by the commissioner under
subdivision 2 must comply with the requirements of this subdivision.
(b) A program must maintain new text begin and provide upon request new text end records for each qualified
graduate. The records must include information sufficient to verify the graduate's eligibility
under this section, identify the employer, and describe the job including its compensation
rate deleted text begin anddeleted text end new text begin ,new text end benefitsnew text begin , and average hours per weeknew text end .
(c) A program is subject to the reporting requirements under section 116L.98.
Sec. 7.
Minnesota Statutes 2020, section 116J.993, subdivision 3, is amended to read:
Subd. 3.
Business subsidy.
"Business subsidy" or "subsidy" means a state or local
government agency grant, contribution of personal property, real property, infrastructure,
the principal amount of a loan at rates below those commercially available to the recipient,
any reduction or deferral of any tax or any fee, any guarantee of any payment under any
loan, lease, or other obligation, or any preferential use of government facilities given to a
business.
The following forms of financial assistance are not a business subsidy:
(1) a business subsidy of less than $150,000;
(2) assistance that is generally available to all businesses or to a general class of similar
businesses, such as a line of business, size, location, or similar general criteria;
(3) public improvements to buildings or lands owned by the state or local government
that serve a public purpose and do not principally benefit a single business or defined group
of businesses at the time the improvements are made;
(4) redevelopment property polluted by contaminants as defined in section 116J.552,
subdivision 3;
(5) assistance provided for the sole purpose of renovating old or decaying building stock
or bringing it up to code and assistance provided for designated historic preservation districts,
provided that the assistance is equal to or less than 50 percent of the total cost;
(6) assistance to provide job readiness and training services if the sole purpose of the
assistance is to provide those services;
(7) assistance for housing;
(8) assistance for pollution control or abatement, including assistance for a tax increment
financing hazardous substance subdistrict as defined under section 469.174, subdivision
23;
(9) assistance for energy conservation;
(10) tax reductions resulting from conformity with federal tax law;
(11) workers' compensation and unemployment insurance;
(12) benefits derived from regulation;
(13) indirect benefits derived from assistance to educational institutions;
(14) funds from bonds allocated under chapter 474A, bonds issued to refund outstanding
bonds, and bonds issued for the benefit of an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986, as amended through December 31, 1999;
(15) assistance for a collaboration between a Minnesota higher education institution and
a business;
(16) assistance for a tax increment financing soils condition district as defined under
section 469.174, subdivision 19;
(17) redevelopment when the recipient's investment in the purchase of the site and in
site preparation is 70 percent or more of the assessor's current year's estimated market value;
(18) general changes in tax increment financing law and other general tax law changes
of a principally technical nature;
(19) federal assistance until the assistance has been repaid to, and reinvested by, the
state or local government agency;
(20) funds from dock and wharf bonds issued by a seaway port authority;
(21) business loans and loan guarantees of $150,000 or less;
(22) federal loan funds provided through the United States Department of Commerce,
Economic Development Administrationnew text begin , Department of the Treasurynew text end ; and
(23) property tax abatements granted under section 469.1813 to property that is subject
to valuation under Minnesota Rules, chapter 8100.
Sec. 8.
Minnesota Statutes 2020, section 116L.04, subdivision 1a, is amended to read:
Subd. 1a.
Pathways program.
The pathways program may provide grants-in-aid for
developing programs which assist in the transition of persons from welfare to work and
assist individuals at or below 200 percent of the federal poverty guidelines. The program
is to be operated by the board. The board shall consult and coordinate with program
administrators at the Department of Employment and Economic Development to design
and provide services for temporary assistance for needy families recipients.
Pathways grants-in-aid may be awarded to educational or other nonprofit training
institutions or to workforce development intermediaries for education and training programs
and services supporting education and training programs that serve eligible recipients.
Preference shall be given to projects that:
(1) provide employment with benefits paid to employees;
(2) provide employment where there are defined career paths for trainees;
(3) pilot the development of an educational pathway that can be used on a continuing
basis for transitioning persons from welfare to work; and
(4) demonstrate the active participation of Department of Employment and Economic
Development workforce centers, Minnesota State College and University institutions and
other educational institutions, and local welfare agencies.
Pathways projects must demonstrate the active involvement and financial commitment
ofnew text begin participatingnew text end private deleted text begin businessdeleted text end new text begin businesses, Tribal-owned businesses, and municipal and
county hospitalsnew text end . Pathways projects must be matched with cash or in-kind contributions on
at least a one-half-to-one ratio by participating private deleted text begin businessdeleted text end new text begin businesses, Tribal-owned
businesses, and municipal or county hospitalsnew text end .
A single grant to any one institution shall not exceed $400,000. A portion of a grant may
be used for preemployment training.
Sec. 9.
Minnesota Statutes 2020, 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;
(5) 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;
(6) 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
(7) 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 deleted text begin nowdeleted text end due to divorce, separation, death,
or disability of that person, must new text begin now new text end 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.
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.
(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.
new text begin
[116L.36] REQUIREMENTS FOR GRANTS TO NONPROFIT
ORGANIZATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
In order to ensure that grants are awarded to mission-centered
and fiscally responsible grantees, a nonprofit organization that is a recipient of a future or
past grant or direct appropriation made by or through the department must provide
information to the commissioner as specified 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 the purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end
new text begin
(b) "Compensation" means salary, bonuses, the present value of stock options, the value
of employee benefits, employer contributions to retirement or deferred compensation plans
on behalf of the officer or employee, and any other compensation or benefit of value.
new text end
new text begin
(c) "Highly compensated employee" means an employee of a nonprofit organization
with estimated annual wages that:
new text end
new text begin
(1) are greater than 80 percent of the governor's annual salary; and
new text end
new text begin
(2) are equal to, or greater than, 80 percent of the estimated annual wages of the second
highest paid employee of the nonprofit organization.
new text end
new text begin
(d) "Nonprofit organization" means an organization described in United States Code,
title 26, section 501(c)(3), and is exempt from income tax under United States Code, title
26, section 501(a).
new text end
new text begin Subd. 3. new text end
new text begin Requirements. new text end
new text begin
(a) By September 1 of each year, a nonprofit organization that
is recipient of a future or past grant or direct appropriation made by or through the department
must provide the following to the commissioner:
new text end
new text begin
(1) number of and compensation for any highly compensated employees of the nonprofit
organization;
new text end
new text begin
(2) administrative expenses of the nonprofit organization for the previous three years as
evidenced by the nonprofit's Internal Revenue Service Form 990;
new text end
new text begin
(3) total functional expenses, including the nonprofit's program expenses, administrative
expenses, and fundraising expenses, for the previous three years; and
new text end
new text begin
(4) revenue for the previous three years.
new text end
new text begin
(b) A nonprofit organization that has been in operation for fewer than three years shall
submit the data required under paragraph (a), clauses (2) to (4), for the time period since
the inception of the nonprofit organization.
new text end
new text begin Subd. 4. new text end
new text begin Reporting to legislature. new text end
new text begin
Beginning February 15, 2023, and each year thereafter,
the commissioner must submit a combined report containing the information provided by
the grant recipients to the chairs and ranking minority members of the legislative committees
and budget divisions with jurisdiction over economic development. The commissioner shall
also include in the report a calculation of each nonprofit's percentage of expenses and a
revenue and expenses trend comparison over the previous three years.
new text end
Sec. 11.
Minnesota Statutes 2020, section 116L.98, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
(b) "Credential" means postsecondary degrees, diplomas, licenses, and certificates
awarded in recognition of an individual's attainment of measurable technical or occupational
skills necessary to obtain employment or advance with an occupation. This definition does
not include deleted text begin certificates awarded by workforce investment boards ordeleted text end work-readiness
certificates.
(c) "Exit" means to have not received service under a workforce program for 90
consecutive calendar days. The exit date is the last date of service.
(d) "Net impact" means the use of matched control groups and regression analysis to
estimate the impacts attributable to program participation net of other factors, including
observable personal characteristics and economic conditions.
(e) "Pre-enrollment" means the period of time before an individual was enrolled in a
workforce program.
Sec. 12.
Minnesota Statutes 2020, section 116L.98, subdivision 3, is amended to read:
Subd. 3.
Uniform outcome report card; reporting by commissioner.
(a) By December
31 of each even-numbered year, the commissioner must report to the chairs and ranking
minority members of the committees of the house of representatives and the senate having
jurisdiction over economic development and workforce policy and finance the following
information separately for each of the previous two fiscal or calendar years, for each program
subject to the requirements of subdivision 1:
(1) the total number of participants enrolled;
(2) the median pre-enrollment wages based on participant wages for the second through
the fifth calendar quarters immediately preceding the quarter of enrollment excluding those
with zero income;
(3) the total number of participants with zero income in the second through fifth calendar
quarters immediately preceding the quarter of enrollment;
(4) the total number of participants enrolled in training;
(5) the total number of participants enrolled in training by occupational group;
(6) the total number of participants that exited the program and the average enrollment
duration of participants that have exited the program during the year;
(7) the total number of exited participants who completed training;
(8) the total number of exited participants who attained a credential;
(9) the total number of participants employed during three consecutive quarters
immediately following the quarter of exit, by industry;
(10) the median wages of participants employed during three consecutive quarters
immediately following the quarter of exit;
(11) the total number of participants employed during eight consecutive quarters
immediately following the quarter of exit, by industry;
(12) the median wages of participants employed during eight consecutive quarters
immediately following the quarter of exit;
(13) the total cost of the program;
(14) the total cost of the program per participant;
(15) the cost per credential received by a participant; and
(16) the administrative cost of the program.
(b) The report to the legislature must containnew text begin :
new text end
new text begin (1) new text end participant information by education level, race and ethnicity, gender, and geography,
and a comparison of exited participants who completed training and those who did notnew text begin ; and
new text end
new text begin (2) a list of any grant recipients that did not satisfy all of the reporting requirements of
this section for the applicable reporting periodnew text end .
(c) The requirements of this section apply to programs administered directly by the
commissioner or administered by other organizations under a grant made by the department.
Sec. 13.
Minnesota Statutes 2020, section 181.032, is amended to read:
181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER; NOTICE
TO EMPLOYEE.
(a) At the end of each pay period, the employer shall provide each employee an earnings
statement, either in writing or by electronic means, covering that pay period. An employer
who chooses to provide an earnings statement by electronic means must provide employee
access to an employer-owned computer during an employee's regular working hours to
review and print earnings statements.
(b) The earnings statement may be in any form determined by the employer but must
include:
(1) the name of the employee;
(2) the rate or rates of pay and basis thereof, including whether the employee is paid by
hour, shift, day, week, salary, piece, commission, or other method;
(3) allowances, if any, claimed pursuant to permitted meals and lodging;
(4) the total number of hours worked by the employee unless exempt from chapter 177;
(5) the total amount of gross pay earned by the employee during that period;
(6) a list of deductions made from the employee's pay;
(7) the net amount of pay after all deductions are made;
(8) the date on which the pay period ends;
(9) the legal name of the employer and the operating name of the employer if different
from the legal name;
(10) the physical address of the employer's main office or principal place of business,
and a mailing address if different; and
(11) the telephone number of the employer.
(c) An employer must provide earnings statements to an employee in writing, rather
than by electronic means, if the employer has received at least 24 hours notice from an
employee that the employee would like to receive earnings statements in written form. Once
an employer has received notice from an employee that the employee would like to receive
earnings statements in written form, the employer must comply with that request on an
ongoing basis.
(d) deleted text begin Atdeleted text end new text begin Within seven days ofnew text end the start of employment, an employer shall provide each
employee a deleted text begin writtendeleted text end noticenew text begin , either in writing or by electronic means,new text end containing the following
information:
(1) the rate or rates of pay and basis thereof, including whether the employee is paid by
the hour, shift, day, week, salary, piece, commission, or other method, and the specific
application of any additional ratesnew text begin , as well as any pay schedule or range of pay for an
employee who is reasonably expected to move between job duties, classifications, and pay
or benefit structures in their day-to-day dutiesnew text end ;
(2) allowances, if any, claimed pursuant to permitted meals and lodging;
(3) paid vacation, sick time, or other paid time-off accruals and terms of use;
(4) the employee's employment status and whether the employee is exempt from minimum
wage, overtime, and other provisions of chapter 177, and on what basis;
(5) a list of deductions that may be made from the employee's pay;
(6) the number of days in the pay period, the regularly scheduled pay day, and the pay
day on which the employee will receive the first payment of wages earned;
(7) the legal name of the employer and the operating name of the employer if different
from the legal name;
(8) the physical address of the employer's main office or principal place of business, and
a mailing address if different; deleted text begin and
deleted text end
(9) the telephone number of the employerdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(10) a checkbox to indicate whether a hiring employer is a staffing agency and space
for a staffing agency to indicate the initial entity for which the employee will perform work.
new text end
(e) The employer must keep a copy of the notice under paragraph (d) signed by each
employee acknowledging receipt of the notice. new text begin An employee's signature on the notice
constitutes acknowledgment of receipt of the notice and does not create a contract. For the
purposes of this paragraph, "signed" means a written signature or an electronic signature
as defined in section 325L.02. new text end The notice must be provided to each employee in English.
The English version of the notice must include text provided by the commissioner that
informs employees that they may request, by indicating on the form, the notice be provided
in a particular language. If requested, the employer shall provide the notice in the language
requested by the employee. The commissioner shall make available to employers the text
to be included in the English version of the notice required by this section and assist
employers with translation of the notice in the languages requested by their employees.
(f) new text begin The notice requirement under paragraph (d) is satisfied for an employee if the
employee has received all of the information required in paragraph (d) specific to the
employee through a collective bargaining agreement, employee handbook, offer letter, or
a combination of those documents. In such an instance, the employer must retain a record
or listing of the referenced documents that satisfied the notice requirement in paragraph (d).
new text end
new text begin (g) new text end An employer must provide the employee any deleted text begin writtendeleted text end changes to the information
contained in the notice under paragraph (d) deleted text begin prior to thedeleted text end new text begin , either in writing or by electronic
means, by the date of the employee's next earnings statement following thenew text end date the changes
take effect.new text begin The notice of changes to information under this paragraph does not require a
signature by the employee acknowledging receipt. The requirements of this paragraph are
satisfied if the changes to information are contained on the employee's next earnings
statement.
new text end
new text begin
(h) Notice is not required under paragraph (g) to an employee for discretionary pay. For
the purposes of this section, "discretionary pay" means compensation paid by the employer
for which the amount and timing are not disclosed in advance by the employer and are at
the employer's sole discretion.
new text end
new text begin
(i) Notice is not required under paragraph (g) to an employee employed by a staffing
agency upon subsequent job placements following the initial placement by the staffing
agency.
new text end
new text begin
(j) The commissioner shall issue a written warning to an employer upon the first finding
of a violation or violations of the notice requirements found in paragraphs (d) to (g). For
purposes of this paragraph, discovery by the commissioner of more than one violation of
the notice requirements under paragraphs (d) to (g) at the same employer during the same
investigation shall be considered a single violation.
new text end
Sec. 14.
Minnesota Statutes 2020, section 181.101, is amended to read:
181.101 WAGES; HOW OFTEN PAID.
(a) Except as provided in paragraph (b), every employer must pay all wages, including
salary, earnings, and gratuities earned by an employee at least once every 31 days and all
commissions earned by an employee at least once every three months, on a regular payday
designated in advance by the employer regardless of whether the employee requests payment
at longer intervals. Unless paid earlier, the wages earned during the first half of the first
31-day pay period become due on the first regular payday following the first day of work.
If wages or commissions earned are not paid, the commissioner of labor and industry or the
commissioner's representative may serve a demand for payment on behalf of an employee.
In addition to other remedies under section 177.27, if payment of wages is not made within
ten days of service of the demand, the commissioner may charge and collect the wages
earned at the employee's rate or rates of pay or at the rate or rates required by law, including
any applicable statute, regulation, rule, ordinance, government resolution or policy, contract,
or other legal authority, whichever rate of pay is greater, and a penalty in the amount of the
employee's average daily earnings at the same rate or ratesnew text begin , not exceeding 20 days total, new text end
for each day beyond the ten-day limit following the demand. If payment of commissions is
not made within ten days of service of the demand, the commissioner may charge and collect
the commissions earned and a penalty equal to 1/15 of the commissions earned but unpaidnew text begin ,
not exceeding 20 days total,new text end for each day beyond the ten-day limit. Money collected by the
commissioner must be paid to the employee concerned. This section does not prevent an
employee from prosecuting a claim for wages. This section does not prevent a school district,
other public school entity, or other school, as defined under section 120A.22, from paying
any wages earned by its employees during a school year on regular paydays in the manner
provided by an applicable contract or collective bargaining agreement, or a personnel policy
adopted by the governing board. For purposes of this section, "employee" includes a person
who performs agricultural labor as defined in section 181.85, subdivision 2. For purposes
of this section, wages are earned on the day an employee works. This section provides a
substantive right for employees to the payment of wages, including salary, earnings, and
gratuities, as well as commissions, in addition to the right to be paid at certain times.
(b) An employer of a volunteer firefighter, as defined in section 424A.001, subdivision
10, a member of an organized first responder squad that is formally recognized by a political
subdivision in the state, or a volunteer ambulance driver or attendant must pay all wages
earned by the volunteer firefighter, first responder, or volunteer ambulance driver or attendant
at least once every 31 days, unless the employer and the employee mutually agree upon
payment at longer intervals.
Sec. 15.
Minnesota Statutes 2020, section 268.18, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Overpayments; report to legislature. new text end
new text begin
Beginning January 15, 2023, and each
January 15 thereafter, the commissioner must report to the chairs and ranking minority
members of the committees of the house of representatives and the senate having jurisdiction
over unemployment insurance for the previous calendar year, to the extent that the following
information is not classified as not public under chapter 13 or 268:
new text end
new text begin
(1) the number and total dollar amount of overpayments made by the department,
regardless of whether the improper recipient of the overpayment was identified by the
department;
new text end
new text begin
(2) the number and total dollar amount of overpayments as a percentage of total claims
paid over the same period;
new text end
new text begin
(3) for each overpayment, the dollar amount of the overpayment and information as to
whether the overpayment was made due to:
new text end
new text begin
(i) misrepresentation by a legitimate applicant;
new text end
new text begin
(ii) fraud attempt through identity theft; or
new text end
new text begin
(iii) other fraud attempt by an unidentified imposter or hijacker;
new text end
new text begin
(4) information regarding the number of suspected fraud attempts by imposters or
hijackers that the department identified and stopped prior to issuing an overpayment; and
new text end
new text begin
(5) the number of times the department referred fraud cases to law enforcement.
new text end
Sec. 16.
Laws 2021, First Special Session chapter 10, article 2, section 24, subdivision 1,
is amended to read:
Subdivision 1.
Establishment.
Lake of the Woods County shall establish a loan program
to make forgivable loans to eligible remote recreational businesses that experienced a loss
in revenue that is greater than 30 percent during the period between March 15, deleted text begin 2020deleted text end new text begin 2021new text end ,
and March 15, deleted text begin 2021deleted text end new text begin 2022new text end , as compared with deleted text begin the previous yeardeleted text end new text begin March 15, 2019, and March
15, 2020new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from March 31, 2022.
new text end
Sec. 17.
Laws 2021, First Special Session chapter 10, article 2, section 24, subdivision 3,
is amended to read:
Subd. 3.
Eligibility.
To be eligible for a forgivable loan, a remote recreational business
must:
(1) have been in operation on March 15, deleted text begin 2020deleted text end new text begin 2021new text end ;
(2) show that the closurenew text begin and ongoing COVID-19-related requirementsnew text end of the United
States and Canadian border restricted the ability of American customers to access the location
of the remote recreational business; and
(3) not have received a grant under the Main Street COVID-19 relief grant program.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from March 31, 2022.
new text end
Sec. 18.
Laws 2021, First Special Session chapter 10, article 2, section 24, subdivision 4,
is amended to read:
Subd. 4.
Application.
(a) Lake of the Woods County shall develop forms and procedures
for soliciting and reviewing applications for loans under this section.
(b) Loans shall be made before deleted text begin April 1, 2022deleted text end new text begin December 30, 2022new text end . Any funds not spent
by April 1, deleted text begin 2022deleted text end new text begin 2023new text end , must be returned to the state general fund.
new text begin
(c) If there are insufficient funds to fund all claims in full, the county shall distribute
funds on a prorated basis.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from March 31, 2022.
new text end
Sec. 19.
Laws 2021, First Special Session chapter 10, article 2, section 24, subdivision 5,
is amended to read:
Subd. 5.
Maximum loan amount.
The maximum loan amount shall be equal to 75
percent of the remote recreational business's gross annual receipts for fiscal deleted text begin yeardeleted text end new text begin yearsnew text end 2020new text begin
and 2021new text end , not to exceed $500,000 per eligible remote recreational business.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from March 31, 2022.
new text end
Sec. 20.
Laws 2021, First Special Session chapter 10, article 2, section 24, subdivision 7,
is amended to read:
Subd. 7.
Report to legislature.
By deleted text begin January 15deleted text end new text begin April 30new text end , 2023, Lake of the Woods County
shall report to the legislative committees with jurisdiction over economic development
policy and finance on the loans provided to remote recreational businesses under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from March 31, 2022.
new text end
Sec. 21. new text begin PAY FOR PERFORMANCE.
new text end
new text begin
Of the amounts appropriated in law from the workforce development fund for grants to
pass-through entities, 25 percent in fiscal year 2024 and 50 percent in fiscal year 2025 are
for performance grants under Minnesota Statutes, section 116J.8747.
new text end
ARTICLE 8
LABOR APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns under "Appropriations" are added to the appropriations
in Laws 2021, First Special Session chapter 10, or other law to the specified agencies. The
appropriations are from the general fund, or another named fund, and are available for the
fiscal years indicated for each purpose. The figures "2022" and "2023" used in this article
mean that the appropriations listed under them are available for the fiscal year ending June
30, 2022, or June 30, 2023, respectively. Appropriations for the fiscal year ending June 30,
2022, are effective the day following final enactment.
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
2022 new text end |
new text begin
2023 new text end |
|||||
Sec. 2. 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
-0- new text end |
new text begin
$ new text end |
new text begin
25,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2022 new text end |
new text begin
2023 new text end |
|
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
25,000 new text end |
new text begin Subd. 2. new text end
new text begin
Workforce Development Initiatives
|
new text begin
-0- new text end |
new text begin
25,000 new text end |
||||
new text begin
$25,000 in fiscal year 2023 is for youth skills
training grants under Minnesota Statutes,
section 175.46. This is a onetime
appropriation.
new text end
ARTICLE 9
LABOR AND INDUSTRY POLICY AND TECHNICAL
Section 1.
Minnesota Statutes 2020, section 326B.106, subdivision 4, is amended to read:
Subd. 4.
Special requirements.
(a) Space for commuter vans. The code must require
that any parking ramp or other parking facility constructed in accordance with the code
include an appropriate number of spaces suitable for the parking of motor vehicles having
a capacity of seven to 16 persons and which are principally used to provide prearranged
commuter transportation of employees to or from their place of employment or to or from
a transit stop authorized by a local transit authority.
(b) Smoke detection devices. The code must require that all dwellings, lodging houses,
apartment houses, and hotels as defined in section 299F.362 comply with the provisions of
section 299F.362.
(c) Doors in nursing homes and hospitals. The State Building Code may not require
that each door entering a sleeping or patient's room from a corridor in a nursing home or
hospital with an approved complete standard automatic fire extinguishing system be
constructed or maintained as self-closing or automatically closing.
(d) Child care facilities in churches; ground level exit. A licensed day care center
serving fewer than 30 preschool age persons and which is located in a belowground space
in a church building is exempt from the State Building Code requirement for a ground level
exit when the center has more than two stairways to the ground level and its exit.
(e) Family and group family day care. Until the legislature enacts legislation specifying
appropriate standards, the definition of dwellings constructed in accordance with the
International Residential Code as adopted as part of the State Building Code applies to
family and group family day care homes licensed by the Department of Human Services
under Minnesota Rules, chapter 9502.
(f) Enclosed stairways. No provision of the code or any appendix chapter of the code
may require stairways of existing multiple dwelling buildings of two stories or less to be
enclosed.
(g) Double cylinder dead bolt locks. No provision of the code or appendix chapter of
the code may prohibit double cylinder dead bolt locks in existing single-family homes,
townhouses, and first floor duplexes used exclusively as a residential dwelling. Any
recommendation or promotion of double cylinder dead bolt locks must include a warning
about their potential fire danger and procedures to minimize the danger.
(h) Relocated residential buildings. A residential building relocated within or into a
political subdivision of the state need not comply with the State Energy Code or section
326B.439 provided that, where available, an energy audit is conducted on the relocated
building.
(i) Automatic garage door opening systems. The code must require all residential
buildings as defined in section 325F.82 to comply with the provisions of sections 325F.82
and 325F.83.
(j) Exterior wood decks, patios, and balconies. The code must permit the decking
surface and upper portions of exterior wood decks, patios, and balconies to be constructed
of (1) heartwood from species of wood having natural resistance to decay or termites,
including redwood and cedars, (2) grades of lumber which contain sapwood from species
of wood having natural resistance to decay or termites, including redwood and cedars, or
(3) treated wood. The species and grades of wood products used to construct the decking
surface and upper portions of exterior decks, patios, and balconies must be made available
to the building official on request before final construction approval.
(k) Bioprocess piping and equipment. No permit fee for bioprocess piping may be
imposed by municipalities under the State Building Code, except as required under section
326B.92 subdivision 1. Permits for bioprocess piping shall be according to section 326B.92
administered by the Department of Labor and Industry. All data regarding the material
production processes, including the bioprocess system's structural design and layout, are
nonpublic data as provided by section 13.7911.
(l) Use of ungraded lumber. The code must allow the use of ungraded lumber in
geographic areas of the state where the code did not generally apply as of April 1, 2008, to
the same extent that ungraded lumber could be used in that area before April 1, 2008.
(m) Window cleaning safety. deleted text begin The code must require the installation of dedicated
anchorages for the purpose of suspended window cleaning on (1) new buildings four stories
or greater; and (2) buildings four stories or greater, only on those areas undergoing
reconstruction, alteration, or repair that includes the exposure of primary structural
components of the roofdeleted text end new text begin The code shall incorporate by reference nationally recognized safety
standards for window cleaning developed by the International Window Cleaning Association
(IWCA) and approved by the American National Standards Institute (ANSI). Such standards
shall require that window cleaning safety features be provided for all windows on:
new text end
new text begin
(1) new buildings where determined by the standard; and
new text end
new text begin
(2) existing buildings undergoing alterations where both of the following conditions are
met:
new text end
new text begin
(i) the windows do not currently have safe window cleaning features; and
new text end
new text begin (ii) the proposed work area being altered can include provisions for safe window cleaningnew text end .
deleted text begin
The commissioner may waive all or a portion of the requirements of this paragraph
related to reconstruction, alteration, or repair, if the installation of dedicated anchorages
would not result in significant safety improvements due to limits on the size of the project,
or other factors as determined by the commissioner.
deleted text end
Sec. 2.
Minnesota Statutes 2021 Supplement, section 326B.153, subdivision 1, is amended
to read:
Subdivision 1.
Building permits.
(a) Fees for building permits submitted as required
in section 326B.107 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
This section is effective retroactively from October 1, 2021.
new text end
Sec. 3.
Minnesota Statutes 2020, section 326B.163, subdivision 5, is amended to read:
Subd. 5.
Elevator.
As used in this chapter, "elevator" means moving walks and vertical
transportation devices such as escalators, passenger elevators, freight elevators, dumbwaiters,
hand-powered elevators, endless belt lifts, and deleted text begin wheelchairdeleted text end platform lifts. Elevator does not
include external temporary material lifts or temporary construction personnel elevators at
sites of construction of new or remodeled buildings.
Sec. 4.
Minnesota Statutes 2020, section 326B.163, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Platform lift. new text end
new text begin
As used in this chapter, "platform lift" means a powered hoisting
and lowering device designed to transport mobility-impaired persons on a guided platform.
new text end
Sec. 5.
Minnesota Statutes 2020, section 326B.164, subdivision 13, is amended to read:
Subd. 13.
Exemption from licensing.
new text begin (a) new text end Employees of a licensed elevator contractor
or licensed limited elevator contractor are not required to hold or obtain a license under this
section or be provided with direct supervision by a licensed master elevator constructor,
licensed limited master elevator constructor, licensed elevator constructor, or licensed limited
elevator constructor to install, maintain, or repair platform lifts and stairway chairlifts.
Unlicensed employees performing elevator work under this exemption must comply with
subdivision 5. This exemption does not include the installation, maintenance, repair, or
replacement of electrical wiring for elevator equipment.
new text begin
(b) Contractors or individuals shall not be required to hold or obtain a license under this
section when performing work on:
new text end
new text begin
(1) conveyors, including vertical reciprocating conveyors;
new text end
new text begin
(2) platform lifts not covered under section 326B.163, subdivision 5a; or
new text end
new text begin
(3) dock levelers.
new text end
Sec. 6.
Minnesota Statutes 2020, section 326B.36, subdivision 7, is amended to read:
Subd. 7.
Exemptions from inspections.
Installations, materials, or equipment shall not
be subject to inspection under sections 326B.31 to 326B.399:
(1) when owned or leased, operated and maintained by any employer whose maintenance
electricians are exempt from licensing under sections 326B.31 to 326B.399, while performing
electrical maintenance work only as defined by rule;
(2) when owned or leased, and operated and maintained by any electrical,
communications, or railway utility, cable communications company as defined in section
238.02, or telephone company as defined under section 237.01, in the exercise of its utility,
antenna, or telephone function; and
(i) are used exclusively for the generations, transformation, distribution, transmission,
new text begin load control, new text end or metering of electric current, or the operation of railway signals, or the
transmission of intelligence, and do not have as a principal function the consumption or use
of electric current by or for the benefit of any person other than such utility, cable
communications company, or telephone company; and
(ii) are generally accessible only to employees of such utility, cable communications
company, or telephone company or persons acting under its control or direction; and
(iii) are not on the load side of the service point or point of entrance for communication
systems;
(3) when used in the street lighting operations of an electrical utility;
(4) when used as outdoor area lights which are owned and operated by an electrical
utility and which are connected directly to its distribution system and located upon the
utility's distribution poles, and which are generally accessible only to employees of such
utility or persons acting under its control or direction;
(5) when the installation, material, and equipment are in facilities subject to the
jurisdiction of the federal Mine Safety and Health Act; or
(6) when the installation, material, and equipment is part of an elevator installation for
which the elevator contractor, licensed under section 326B.164, is required to obtain a permit
from the authority having jurisdiction as provided by section 326B.184, and the inspection
has been or will be performed by an elevator inspector certified and licensed by the
department. This exemption shall apply only to installations, material, and equipment
permitted or required to be connected on the load side of the disconnecting means required
for elevator equipment under National Electrical Code Article 620, and elevator
communications and alarm systems within the machine room, car, hoistway, or elevator
lobby.
Sec. 7.
Minnesota Statutes 2020, section 326B.36, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Electric utility exemptions; additional requirements. new text end
new text begin
For exemptions to
inspections exclusively for load control allowed for electrical utilities under subdivision 7,
clause (2), item (i), the following requirements apply:
new text end
new text begin
(1) the exempted work must be conducted by a Class A electrical contractor. If a
deficiency or code violation is found when conducting such work, the electrical contractor
or other designee must report the deficiency or code violation to the electric utility; and
new text end
new text begin
(2) the electric utility must, within ten calendar days of discovering the need for repair,
inform the owner:
new text end
new text begin
(i) of the location of the materials or equipment that need repair;
new text end
new text begin
(ii) that a permit is required for the work; and
new text end
new text begin
(iii) of a time frame for the repair to be complete, not to exceed six months, after which
time the utility must disconnect the materials or equipment.
new text end
Sec. 8.
Minnesota Statutes 2020, section 326B.42, subdivision 1b, is amended to read:
Subd. 1b.
Backflow prevention rebuilder.
new text begin (a) new text end A "backflow prevention rebuilder" is an
individual who is qualified by training prescribed by the Plumbing Board and possesses a
master or journeyworker plumber's license to engage in the testing, maintenance, and
rebuilding of deleted text begin reduced pressure zone typedeleted text end backflow prevention assemblies as regulated by
the Plumbing Code.
new text begin
(b) For the purposes of this section and section 326B.437, a backflow prevention rebuilder
who is qualified by training prescribed by the Plumbing Board and engages in rebuilding
of backflow prevention assemblies limited to systems used to apply water to soil and plant
materials or provide water to landscape features is exempt from the licensing requirements
of paragraph (a). Nothing in this paragraph allows an employee or delegate of the backflow
prevention rebuilder or tester to engage in the testing, maintenance, and rebuilding of
backflow prevention assemblies as regulated by the Plumbing Code, unless the employee
or delegate has the requisite backflow prevention tester or rebuilder training prescribed by
the Plumbing Board.
new text end
Sec. 9.
Minnesota Statutes 2020, section 326B.42, subdivision 1c, is amended to read:
Subd. 1c.
Backflow prevention tester.
A "backflow prevention tester" is an individual
who is qualified by training prescribed by the Plumbing Board to engage in the testing of
deleted text begin reduced pressure zone typedeleted text end backflow prevention assemblies as regulated by the Plumbing
Code.
Sec. 10.
Minnesota Statutes 2020, section 326B.437, is amended to read:
326B.437 deleted text begin REDUCED PRESSUREdeleted text end BACKFLOW PREVENTION REBUILDERS
AND TESTERS.
(a) No person shall perform or offer to perform the installationdeleted text begin , maintenance, repair,deleted text end new text begin ornew text end
replacementdeleted text begin , or rebuilding of reduced pressure zonedeleted text end new text begin ofnew text end backflow prevention assemblies
unless the person obtains a plumbing contractor's license. An individual shall not engage
in the testing, maintenance, deleted text begin repair,deleted text end or rebuilding of deleted text begin reduced pressure zonedeleted text end backflow
prevention assemblies, as regulated by the Plumbing Code, unless the individual is certified
by the commissioner as a backflow prevention rebuilder.
(b) An individual shall not engage in testing of a deleted text begin reduced pressure zonedeleted text end backflow
prevention assembly, as regulated by the Plumbing Code, unless the individual possesses
a backflow prevention rebuilder certificate or is certified by the commissioner as a backflow
prevention tester.
(c) Certificates are issued for an initial period of two years and must be renewed every
two years thereafter for as long as the certificate holder deleted text begin installs,deleted text end maintains, deleted text begin repairs,deleted text end rebuilds,
or tests deleted text begin reduced pressure zonedeleted text end backflow prevention assemblies. For purposes of calculating
fees under section 326B.092, an initial or renewed backflow prevention rebuilder or tester
certificate shall be considered an entry level license.
deleted text begin
(d) The Plumbing Board shall adopt expedited rules under section 14.389 that are related
to the certification of backflow prevention rebuilders and backflow prevention testers.
Section 326B.13, subdivision 8, does not apply to these rules. Notwithstanding the 18-month
limitation under section 14.125, this authority expires on December 31, 2014.
deleted text end
deleted text begin
(e) The department shall recognize certification programs that are a minimum of 16
contact hours and include the passage of an examination. The examination must consist of
a practical and a written component. This paragraph expires when the Plumbing Board
adopts rules under paragraph (d).
deleted text end
Sec. 11.
Minnesota Statutes 2020, section 326B.46, subdivision 2, is amended to read:
Subd. 2.
Bond; insurance.
(a) The bond and insurance requirements of paragraphs (b)
and (c) apply to each person who performs or offers to perform plumbing work within the
state, including any person who offers to perform or performs sewer or water service
installationnew text begin or backflow prevention testing or rebuilding as described under subdivision 1b,
paragraph (b),new text end without a contractor's license. If the person performs or offers to perform
any plumbing work other than sewer or water service installationnew text begin or backflow prevention
testing or rebuilding as described under subdivision 1b, paragraph (b)new text end , then the person must
meet the requirements of paragraphs (b) and (c) as a condition of holding a contractor's
license.
(b) Each person who performs or offers to perform plumbing work within the state shall
give and maintain bond to the state in the penal sum of at least $25,000 for (1) all plumbing
work entered into within the state or (2) all plumbing work and subsurface sewage treatment
work entered into within the state. The bond must comply with section 326B.0921. If the
bond is for both plumbing work and subsurface sewage treatment work, the bond must
comply with the requirements of this section and section 115.56, subdivision 2, paragraph
(e).
(c) Each person who performs or offers to perform plumbing work within the state shall
have and maintain in effect public liability insurance, including products liability insurance
with limits of at least $50,000 per person and $100,000 per occurrence and property damage
insurance with limits of at least $10,000. The insurance shall be written by an insurer licensed
to do business in the state of Minnesota. Each person who performs or offers to perform
plumbing work within the state shall maintain on file with the commissioner a certificate
evidencing the insurance. In the event of a policy cancellation, the insurer shall send written
notice to the commissioner at the same time that a cancellation request is received from or
a notice is sent to the insured.
Sec. 12.
Laws 2021, First Special Session chapter 10, article 3, section 14, subdivision 1,
is amended to read:
Subdivision 1.
License required.
(a) No individual shall engage in or work at the business
of a master plumber, restricted master plumber, journeyworker plumber, and restricted
journeyworker plumber unless licensed to do so by the commissioner. A license is not
required for individuals performing building sewer or water service installation who have
completed pipe laying training as prescribed by the commissioner. A license is not required
for individuals servicing or installing a commercial chemical dispensing system or servicing
or replacing a commercial dishwashing machine, including connecting a commercial chemical
dispensing system or commercial dishwashing machine to a water line or drain line, provided
that:
(1) the individual servicing or installing the commercial chemical dispensing system or
servicing or replacing the commercial dishwashing machine is an employee of the
manufacturer or distributor of the commercial chemical dispensing system or commercial
dishwashing machine;
(2) the individual servicing or installing the commercial chemical dispensing system or
servicing or replacing the commercial dishwashing machine has a minimum of 25 hours of
classroom or laboratory training, a minimum of 20 hours of in-field training with a qualified
technician on the types of systems being installed, followed by a minimum of 100 hours of
supervised field experience. The training and experience curriculum required under this
clause must be approved by the commissioner, in consultation with the manufacturer or
distributor, but the commissioner shall not require training or experience hours in excess
of the amounts specified in this clause;
(3) the manufacturer or distributor of the commercial chemical dispensing system or
commercial dishwashing machine must meet the insurance requirements of section 326B.46,
subdivision 2, paragraph (c);
(4) the connection is a push fit fitting, compression fitting, or threaded pipe fitting to an
existing water line or drain, which has been initially installed by a licensed plumber; and
(5) the commercial chemical dispensing system complies with ASSE 1055 or contains
code-approved integral backflow protection.
new text begin
A license is not required for individuals performing backflow prevention rebuilding as
described under subdivision 1b, paragraph (b), provided that the individual: (1) has completed
backflow prevention rebuilder training as prescribed by the Plumbing Board; and (2) has
obtained a nationally recognized third-party accredited professional irrigation certification
and any such professional certifications have been approved by the commissioner.
new text end
A master plumber may also work as a journeyworker plumber, a restricted journeyworker
plumber, and a restricted master plumber. A journeyworker plumber may also work as a
restricted journeyworker plumber. Anyone not so licensed may do plumbing work which
complies with the provisions of the minimum standards prescribed by the Plumbing Board
on premises or that part of premises owned and actually occupied by the worker as a
residence, unless otherwise forbidden to do so by a local ordinance.
(b) No person shall engage in the business of planning, superintending, or installing
plumbing or shall install plumbing in connection with the dealing in and selling of plumbing
material and supplies unless at all times a licensed master plumber, or in cities and towns
with a population of fewer than 5,000 according to the last federal census, a restricted master
plumber, who shall be responsible for proper installation, is in charge of the plumbing work
of the person.
(c) Except as provided in subdivision 1a, no person shall perform or offer to perform
plumbing work with or without compensation unless the person obtains a contractor's license.
A contractor's license does not of itself qualify its holder to perform the plumbing work
authorized by holding a master, journeyworker, restricted master, or restricted journeyworker
license.
Sec. 13. new text begin LAWS CHAPTER 32 EFFECTIVE DATE.
new text end
new text begin
Notwithstanding any other law to the contrary, Laws 2022, chapter 32, articles 1 and 2,
sections 1 to 12, are effective the day following final enactment, and Laws 2022, chapter
32, article 1, section 1, applies to appointments made on or after that date.
new text end
APPENDIX
Repealed Minnesota Statutes: S4091-2
136A.29 POWERS; DUTIES.
Subd. 4.
Mutual agreement; staff, equipment, office space.
By mutual agreement between the authority and the office, authority staff employees may also be members of the office staff. By mutual agreement, authority employees may be provided office space in the office of the Office of Higher Education, and said employees may make use of equipment, supplies, and office space, provided that the authority fully reimburses the office for salaries and for space, equipment, supplies, and materials used. In the absence of such mutual agreement between the authority and the office, the authority may maintain an office at such place or places as it may designate.
136F.03 CANDIDATE ADVISORY COUNCIL.
Subdivision 1.
Purpose.
A Candidate Advisory Council for the board shall assist the governor in determining criteria for, and identifying and recruiting qualified candidates for, nonstudent membership on the board.
Subd. 2.
Membership.
The advisory council consists of 24 members. Twelve members are appointed by the Subcommittee on Committees of the Committee on Rules and Administration of the senate. Twelve members are appointed by the speaker of the house. No more than one-third of the members appointed by each appointing authority may be current or former legislators. No more than two-thirds of the members appointed by each appointing authority may belong to the same political party; however, political activity or affiliation is not required for the appointment of a member. Geographical representation must be taken into consideration when making appointments. Section 15.0575 governs the advisory council, except that the members must be appointed to six-year terms.
Subd. 3.
Duties.
(a) The advisory council shall:
(1) develop a statement of the selection criteria to be applied and a description of the responsibilities and duties of a member of the board and shall distribute this to potential candidates; and
(2) for each position on the board, identify and recruit qualified candidates for the board, based on the background and experience of the candidates, and their potential for discharging the responsibilities of a member of the board.
(b) Selection criteria developed under this section must include the requirement that trustees represent diversity in geography, gender, race, occupation, and experience.
(c) Selection criteria developed under this section must also include the identification of the membership needs of the board for individual skills relevant to the governance of the Minnesota State Colleges and Universities and the needs for certain individual characteristics that include geographic location, gender, race, occupation, and experience.
Subd. 4.
Recommendations.
Except for seats filled under sections 136F.04 and 136F.045, the advisory council shall recommend at least two and not more than four candidates for each seat. By April 15 of each even-numbered year in which the governor makes appointments to the board, the advisory council shall submit its recommendations to the governor and to the chairs and ranking minority members of the legislative committees with primary jurisdiction over higher education policy and finance. The governor is not bound by these recommendations.
Subd. 5.
Support services.
The Legislative Coordinating Commission shall provide administrative and support services for the advisory council.
Repealed Minnesota Session Laws: S4091-2
Laws 2005, chapter 97, article 10, section 3, as amended by Laws 2013, chapter 85, article 7, section 9
Sec. 9.
Laws 2005, chapter 97, article 10, section 3, is amended to read:
Sec. 3. SUNSET.
Sections 1 and 2 shall expire on June 30, 2023.
Laws 2021, First Special Session chapter 4, article 2, section 3, subdivision 3
Sec. 3. new text begin DEPARTMENT OF COMMERCEnew text end |
||||||
new text begin Subd. 3. new text endnew text begin Third-Party Evaluator new text end |
||||||
new text begin $500,000 each year is 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 money appropriated under this paragraph that is unexpended at the end of a fiscal year cancels to the renewable development account. new text end