SF 3276

as introduced - 90th Legislature (2017 - 2018) Posted on 03/16/2018 09:04am

A bill for an act
relating to state government; creating the Office of Enterprise Sustainability;
making Department of Administration technical changes; amending Minnesota
Statutes 2016, sections 16C.05, subdivision 2; 16C.19; 16C.36; 138.31, by adding
a subdivision; 138.34; 138.40, subdivisions 1, 2, 3; 138.666; 138.667; 138.763,
subdivision 1; Minnesota Statutes 2017 Supplement, sections 138.081, subdivisions
2, 3; 138.665, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 16B.

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

Section 1.

new text begin [16B.535] ENTERPRISE SUSTAINABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Office of Enterprise Sustainability. new text end

new text begin (a) The Office of Enterprise
Sustainability is created to assist state agencies with meeting the objectives in this section
including sharing best practices and assisting state agencies to plan for and implement
improvements and monitor progress toward achieving intended outcomes.
new text end

new text begin (b) The Office of Enterprise Sustainability shall at a minimum:
new text end

new text begin (1) manage a sustainability metrics and reporting system, including a public dashboard
for Minnesotans to track progress;
new text end

new text begin (2) assist state agencies on developing sustainability plans;
new text end

new text begin (3) provide state agencies with sustainability best practices and other available tools and
resources; and
new text end

new text begin (4) act as a resource to help remove barriers.
new text end

new text begin Subd. 2. new text end

new text begin State agency responsibilities. new text end

new text begin (a) Each cabinet-level agency is required to
participate in sustainability efforts and statewide enterprise sustainability goals. State agencies
and boards that are not cabinet-level agencies must take steps to achieve sustainability goals,
but are not required to participate at the same level as cabinet-level agencies.
new text end

new text begin (b) Initial statewide enterprise sustainability goals are:
new text end

new text begin (1) fleet, shall be a 30 percent reduction of state fleet consumption of fossil fuels by
2027 relative to a 2017-adjusted baseline;
new text end

new text begin (2) water, shall be a 15 percent reduction of water use by 2025 relative to a 2017-adjusted
baseline;
new text end

new text begin (3) procurement, shall have 25 percent of total spent on priority contracts that are
sustainable purchases by 2025;
new text end

new text begin (4) greenhouse, shall be a 30 percent reduction of greenhouse gas emissions by 2025
relative to a 2005-calculated baseline;
new text end

new text begin (5) energy, shall be a 30 percent reduction in consumption of energy per square foot by
2027 relative to a 2017-adjusted baseline; and
new text end

new text begin (6) solid waste, shall be a 75 percent combined recycling and composting rate of solid
waste by 2030.
new text end

new text begin (c) Statewide enterprise sustainability goals may be revised jointly by the commissioners
of administration, natural resources, the Pollution Control Agency, and commerce once
these goals have been achieved or need to be updated. Any change in enterprise sustainability
goals must be communicated to the legislative committees with jurisdiction over state
government.
new text end

Sec. 2.

Minnesota Statutes 2016, section 16C.05, subdivision 2, is amended to read:

Subd. 2.

Creation and validity of contracts.

(a) A contract and amendments are not
valid and the state is not bound by them and no agency, without the prior written approval
of the commissioner granted pursuant to subdivision 2a, may authorize work to begin on
them unless:

(1) they have first been executed by the head of the agency or a delegate who is a party
to the contract;

(2) they have been approved by the commissioner; and

(3) the accounting system shows an encumbrance for the amount of the contract liability,
except as allowed by policy approved by the commissioner and commissioner of management
and budget for routine, low-dollar procurements and section 16B.98, subdivision 11.

(b) Grants, interagency agreements, purchase orders, work orders, and annual plans need
not, in the discretion of the commissioner and attorney general, require the signature of the
commissioner and/or the attorney general. A signature is not required for work orders and
amendments to work orders related to Department of Transportation contracts. Bond purchase
agreements by the Minnesota Public Facilities Authority do not require the approval of the
commissioner.

(c) Amendments to contracts must entail tasks that are substantially similar to those in
the original contract or involve tasks that are so closely related to the original contract that
it would be impracticable for a different contractor to perform the work. The commissioner
or an agency official to whom the commissioner has delegated contracting authority under
section 16C.03, subdivision 16, must determine that an amendment would serve the interest
of the state better than a new contract and would cost no more.

(d) A record must be kept of all responses to solicitations, including names of bidders
and amounts of bids or proposals. A fully executed copy of every contract, amendments to
the contract, and performance evaluations relating to the contract must be kept on file at
the contracting agency for a time equal to that specified for contract vendors and other
parties in subdivision 5. These records are open to public inspection, subject to section
13.591 and other applicable law.

(e) The attorney general must periodically review and evaluate a sample of state agency
contracts to ensure compliance with laws.

(f) Before executing a contract or license agreement involving intellectual property
developed or acquired by the state, a state agency shall seek review and comment from the
deleted text begin attorney general deleted text end new text begin commissioner new text end on the terms and conditions of the contract or agreement.

Sec. 3.

Minnesota Statutes 2016, section 16C.19, is amended to read:

16C.19 ELIGIBILITY; RULES.

(a) A small business wishing to participate in the programs under section 16C.16,
subdivisions 4 to 7, must be certified by the commissioner deleted text begin . deleted text end new text begin or, if authorized by the
commissioner, by a nationally recognized certifying organization. The commissioner may
choose to authorize a nationally recognized certifying organization if the certification
requirements are substantially the same as those adopted under the rules authorized in this
section and the business meets the requirements in section 16C.16, subdivision 2.
new text end

new text begin (b) new text end The commissioner shall adopt by rule standards and procedures for certifying that
small targeted group businesses, small businesses located in economically disadvantaged
areas, and veteran-owned small businesses are eligible to participate under the requirements
of sections 16C.16 to 16C.21. The commissioner shall adopt by rule standards and procedures
for hearing appeals and grievances and other rules necessary to carry out the duties set forth
in sections 16C.16 to 16C.21.

deleted text begin (b) deleted text end new text begin (c) new text end The commissioner may make rules which exclude or limit the participation of
nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers,
manufacturers' representatives, and others from eligibility under sections 16C.16 to 16C.21.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner may make rules that set time limits and other eligibility limits
on business participation in programs under sections 16C.16 to 16C.21.

deleted text begin (d) deleted text end new text begin (e) new text end Notwithstanding paragraph (a), for purposes of sections 16C.16 to 16C.21, a
veteran-owned small business, the principal place of business of which is in Minnesota, is
certified if:

(1) it has been verified by the United States Department of Veterans Affairs as being
either a veteran-owned small business or a service-disabled veteran-owned small business,
in accordance with Public Law 109-461 and Code of Federal Regulations, title 38, part 74;
or

(2) the veteran-owned small business supplies the commissioner with proof that the
small business is majority-owned and operated by:

(i) a veteran as defined in section 197.447; or

(ii) a veteran with a service-connected disability, as determined at any time by the United
States Department of Veterans Affairs.

deleted text begin (e) deleted text end new text begin (f) new text end Until rules are adopted pursuant to paragraph (a) for the purpose of certifying
veteran-owned small businesses, the provisions of Minnesota Rules, part 1230.1700, may
be read to include veteran-owned small businesses. In addition to the documentation required
in Minnesota Rules, part 1230.1700, the veteran owner must have been discharged under
honorable conditions from active service, as indicated by the veteran owner's most current
United States Department of Defense form DD-214.

deleted text begin (f) deleted text end new text begin (g) new text end Notwithstanding paragraph (a), for purposes of sections 16C.16 to 16C.21, a
minority- or woman-owned small business, the principal place of business of which is in
Minnesota, is certified if it has been certified by the Minnesota unified certification program
under the provisions of Code of Federal Regulations, title 49, part 26.

deleted text begin (g) deleted text end new text begin (h) new text end The commissioner may adopt rules to implement the programs under section
16C.16, subdivisions 4 to 7, using the expedited rulemaking process in section 14.389.

Sec. 4.

Minnesota Statutes 2016, section 16C.36, is amended to read:

16C.36 REORGANIZATION SERVICES UNDER MASTER CONTRACT.

The commissioner of administration must make available under deleted text begin a deleted text end new text begin one or more new text end master
contract deleted text begin program deleted text end new text begin programs new text end a list of eligible contractors who can assist state agencies in
using data analytics new text begin or other improvement methodologies new text end to:

(1) accomplish agency reorganization along service rather than functional lines in order
to provide more efficient and effective service; and

(2) bring about internal reorganization of management functions in order to flatten the
organizational structure by requiring that decisions are made closer to the service needed,
eliminating redundancies, and optimizing the span of control ratios to public and private
sector industry benchmarks.

deleted text begin The commissioner of administration must report to the legislature by January 15, 2013,
and January 15, 2014, on state agency use of eligible contractors under this section, and on
improvements in efficiency and effectiveness, including the contract oversight process, of
state services as a result of services provided by contractors.
deleted text end

Sec. 5.

Minnesota Statutes 2017 Supplement, section 138.081, subdivision 2, is amended
to read:

Subd. 2.

Commissioner's responsibilities.

The commissioner new text begin as the state historic
preservation officer new text end shall be responsible for the preparation, implementation and
administration of the State Historic Preservation Plan and shall administer the State Historic
Preservation Program authorized by the National Historic Preservation Act (United States
Code, deleted text begin title 16, section 470 et seq. deleted text end new text begin title 54, section 100101, new text end as amended). The commissioner
shall review and approve in writing all grants-in-aid for architectural, archaeological and
historic preservation made by state agencies and funded by the state or a combination of
state and federal funds in accordance with the State Historic Preservation Program.

Sec. 6.

Minnesota Statutes 2017 Supplement, section 138.081, subdivision 3, is amended
to read:

Subd. 3.

Administration of federal act.

The Department of Administration is designated
as the state agency to administer the provisions of the federal act providing for the
preservation of historical and archaeological data, United States Code, deleted text begin title 16, sections 469
to 469C deleted text end new text begin title 54, section 100101, as amended new text end , insofar as the provisions of the act provide
for implementation by the state.

Sec. 7.

Minnesota Statutes 2016, section 138.31, is amended by adding a subdivision to
read:

new text begin Subd. 13a. new text end

new text begin State Historic Preservation Office. new text end

new text begin "State Historic Preservation Office"
means the State Historic Preservation Office at the Department of Administration.
new text end

Sec. 8.

Minnesota Statutes 2016, section 138.34, is amended to read:

138.34 ADMINISTRATION OF THE ACT.

The state archaeologist shall act as the agent of the state to administer and enforce the
provisions of sections 138.31 to 138.42. Some enforcement provisions are shared with the
society new text begin and the State Historic Preservation Office new text end .

Sec. 9.

Minnesota Statutes 2016, section 138.40, subdivision 1, is amended to read:

Subdivision 1.

Cooperation.

The Department of Natural Resources, the Department of
Transportation, and all other state agencies whose activities may be affected, shall cooperate
with the historical society new text begin , State Historic Preservation Office, new text end and the state archaeologist
to carry out the provisions of sections 138.31 to 138.42 and the rules issued thereunder, but
sections 138.31 to 138.42 are not meant to burden persons who wish to use state property
for recreational and other lawful purposes or to unnecessarily restrict the use of state property.

Sec. 10.

Minnesota Statutes 2016, section 138.40, subdivision 2, is amended to read:

Subd. 2.

Compliance, enforcement, preservation.

State and other governmental agencies
shall comply with and aid in the enforcement of provisions of sections 138.31 to 138.42.
Conservation officers and other enforcement officers of the Department of Natural Resources
shall enforce the provisions of sections 138.31 to 138.42 and report violations to the deleted text begin director
of the society deleted text end new text begin state archaeologist new text end . When archaeological or historic sites are known or, based
on scientific investigations are predicted to exist on public lands or waters, the agency or
department controlling said lands or waters shall use the professional services of
archaeologists from the University of Minnesota, Minnesota Historical Society, or other
qualified professional archaeologists, to preserve these sites. In the event that archaeological
excavation is required to protect or preserve these sites, state and other governmental agencies
may use their funds for such activities.

Sec. 11.

Minnesota Statutes 2016, section 138.40, subdivision 3, is amended to read:

Subd. 3.

Review of plans.

When significant archaeological or historic sites are known
or, based on scientific investigations, are predicted to exist on public lands or waters, the
agency or department controlling said lands or waters shall submit construction or
development plans to the state archaeologist and deleted text begin the director of the society deleted text end new text begin State Historic
Preservation Office new text end for review prior to the time bids are advertised. The state archaeologist
and the society shall promptly review such plans and within 30 days of receiving the plans
shall make recommendations for the preservation of archaeological or historic sites which
may be endangered by construction or development activities. When archaeological or
historic sites are related to Indian history or religion, the state archaeologist shall submit
the plans to the Indian Affairs Council for the council's review and recommend action.

Sec. 12.

Minnesota Statutes 2017 Supplement, section 138.665, subdivision 2, is amended
to read:

Subd. 2.

deleted text begin Mediation deleted text end new text begin Review process new text end .

The state, state departments, agencies, and political
subdivisions, including the Board of Regents of the University of Minnesota, have a
responsibility to protect the physical features and historic character of properties designated
in sections 138.662 and 138.664 or listed on the National Register of Historic Places created
by Public Law 89-665. Before carrying out any undertaking that will affect designated or
listed properties, or funding or licensing an undertaking by other parties, the state department
or agency shall consult with the State Historic Preservation Office pursuant to deleted text begin the society's deleted text end new text begin
its new text end established procedures to determine appropriate treatments and to seek ways to avoid
and mitigate any adverse effects on designated or listed properties. If the state department
or agency and the State Historic Preservation Office agree in writing on a suitable course
of action, the project may proceed. If the parties cannot agree, any one of the parties may
request that the governor appoint and convene a mediation task force consisting of five
members, two appointed by the governor, the chair of the State Review Board of the State
Historic Preservation Office, the commissioner of administration or the commissioner's
designee, and one member deleted text begin who is not an employee of the Minnesota Historical Society deleted text end
appointed by the director of the new text begin Minnesota Historical new text end Society. The two appointees of the
governor and the one of the director of the society shall be qualified by training or experience
in one or more of the following disciplines: (1) history; (2) archaeology; and (3) architectural
history. The mediation task force is not subject to the conditions of section 15.059. This
subdivision does not apply to section 138.662, subdivision 24, and section 138.664,
subdivisions 8 and 111.

Sec. 13.

Minnesota Statutes 2016, section 138.666, is amended to read:

138.666 COOPERATION.

The state, state departments and agencies, political subdivisions, and the Board of Regents
of the University of Minnesota shall cooperate with the Minnesota Historical Society new text begin and
the State Historic Preservation Office new text end in safeguarding state historic sites and in the
preservation of historic and archaeological properties.

Sec. 14.

Minnesota Statutes 2016, section 138.667, is amended to read:

138.667 HISTORIC PROPERTIES; CHANGES.

Properties designated as historic properties by sections 138.661 to 138.664 may be
changed from time to time, and the Minnesota Historical Society new text begin and the State Historic
Preservation Office new text end shall notify the legislature of the need for changes, and shall make
recommendations to keep the state historic sites network and the state register of historic
places current and complete. The significance of properties proposed for designation shall
be documented under the documentation standards established by the deleted text begin Minnesota Historical
Society deleted text end new text begin State Historic Preservation Office new text end . This documentation shall include the opinion of
the deleted text begin Minnesota Historical Society deleted text end new text begin State Historic Preservation Office new text end as to whether the property
meets the selection criteria.

Sec. 15.

Minnesota Statutes 2016, section 138.763, subdivision 1, is amended to read:

Subdivision 1.

Membership.

There is a St. Anthony Falls Heritage Board consisting of
22 members with the director of the Minnesota Historical Society as chair. The members
include the mayor; the chair of the Hennepin County Board of Commissioners or the chair's
designee; the president of the Minneapolis Park and Recreation Board or the president's
designee; the superintendent of the park board; two members each from the house of
representatives appointed by the speaker, the senate appointed by the Rules Committee, the
city council, the Hennepin County Board, and the park board; one member each from the
preservation commission, the new text begin State Historic new text end Preservation Office, Hennepin County Historical
Society, and the society; one person appointed by the park board; and two persons appointed
by the chair of the board.