HF 657

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to economic development; making technical and housekeeping changes
in the Department of Employment and Economic Development; modifying
contamination cleanup grant provisions; amending Minnesota Statutes 2006,
sections 116J.551, subdivision 1; 116J.554, subdivision 2; 116J.555, subdivision
1; 116J.575, subdivisions 1, 1a; 116J.966, subdivision 1; 268A.01, subdivision
13, by adding a subdivision; 268A.085, subdivision 1; 268A.15, by adding a
subdivision; repealing Minnesota Statutes 2006, section 16C.18, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 116J.551, subdivision 1, is amended to
read:

Subdivision 1.

Grant account.

A contaminated site cleanup and development
grant account is created in the general fund. Money in the account may be used, as
appropriated by law, to make grants as provided in section 116J.554 and to pay for the
commissioner's costs in reviewing applications and making grants. Notwithstanding
section 16A.28, money appropriated to the account new text begin for this program from any source new text end is
available deleted text begin for four years deleted text end new text begin until spent new text end .

Sec. 2.

Minnesota Statutes 2006, section 116J.554, subdivision 2, is amended to read:

Subd. 2.

Qualifying sites.

A site qualifies for a grant under this section, if the
following criteria are met:

(1) the site is not scheduled for funding during the current or next fiscal year under
the Comprehensive Environmental Response, Compensation, and Liability Act, United
States Code, title 42, section 9601, et seq. or under the Environmental Response, and
Liability Act under sections 115B.01 to 115B.20;

deleted text begin (2) the appraised value of the site after adjusting for the effect on the value of the
presence or possible presence of contaminants using accepted appraisal methodology, or
the current market value of the site as issued under section 273.121, separately taking into
account the effect of the contaminants on the market value, (i) is less than 75 percent of
the estimated project costs for the site or (ii) is less than or equal to the estimated cleanup
costs for the site and the cleanup costs equal or exceed $3 per square foot for the site; and
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end if the proposed cleanup is completed, it is expected that the site will be
improved with buildings or other improvements and these improvements will provide a
substantial increase in the property tax base within a reasonable period of time or the site
will be used for an important publicly owned or tax-exempt facility.

Sec. 3.

Minnesota Statutes 2006, section 116J.555, subdivision 1, is amended to read:

Subdivision 1.

Priorities.

(a) The legislature expects that applications for grants
will exceed the available appropriations and the agency will be able to provide grants to
only some of the applicant development authorities.

(b) If applications for grants for qualified sites exceed the available appropriations,
the agency shall make grants for sites that, in the commissioner's judgment, provide
the highest return in public benefits for the public costs incurred and that meet all the
requirements provided by law. In making this judgment, the commissioner shall consider
the following factors:

(1) the recommendations or ranking of projects by the commissioner of the Pollution
Control Agency regarding the potential threat to public health and the environment that
would be reduced or eliminated by completion of each of the response action plans;

(2) the potential increase in the property tax base of the local taxing jurisdictions,
considered relative to the fiscal needs of the jurisdictions, that will result from
developments that will occur because of completion of each of the response action plans;

(3) the social value to the community of the cleanup and redevelopment of the site,
including the importance of development of the proposed public facilities on each of
the sites;

(4) the probability that each site will be cleaned up without use of government
money in the reasonably foreseeable future new text begin by considering but not limited to the current
market value of the site versus the cleanup cost new text end ;

(5) the amount of cleanup costs for each site; and

(6) the amount of the commitment of municipal or other local resources to pay for
the cleanup costs.

The factors are not listed in a rank order of priority; rather the commissioner may
weigh each factor, depending upon the facts and circumstances, as the commissioner
considers appropriate. The commissioner may consider other factors that affect the net
return of public benefits for completion of the response action plan. The commissioner,
notwithstanding the listing of priorities and the goal of maximizing the return of public
benefits, shall make grants that distribute available money to sites both within and outside
of the metropolitan area. The commissioner shall provide a written statement of the
supporting reasons for each grant. Unless sufficient applications are not received for
qualifying sites outside of the metropolitan area, at least 25 percent of the money provided
as grants must be made for sites located outside of the metropolitan area.

Sec. 4.

Minnesota Statutes 2006, section 116J.575, subdivision 1, is amended to read:

Subdivision 1.

Commissioner discretion.

The commissioner may make a grant for
up to 50 percent of the eligible costs of a project. The determination of whether to make a
grant for a site is within the discretion of the commissioner, subject to this section and
sections 116J.571 to 116J.574 and available unencumbered money in the redevelopment
account. deleted text begin If the commissioner determines that the applications for grants for projects in
greater Minnesota are less than the amount of grant funds available, the commissioner
may make grants for projects anywhere in Minnesota. deleted text end The commissioner's decisions and
application of the priorities under this section are not subject to judicial review, except
for abuse of discretion.

Sec. 5.

Minnesota Statutes 2006, section 116J.575, subdivision 1a, is amended to read:

Subd. 1a.

Priorities.

(a) If applications for grants exceed the available
appropriations, grants shall be made for sites that, in the commissioner's judgment, provide
the highest return in public benefits for the public costs incurred. "Public benefits" include
job creation, bioscience development, environmental benefits to the state and region,
efficient use of public transportation, efficient use of existing infrastructure, provision of
affordable housing, multiuse development that constitutes community rebuilding rather
than single-use development, crime reduction, blight reduction, community stabilization,
and property tax base maintenance or improvement. In making this judgment, the
commissioner shall give priority to redevelopment projects with one or more of the
following characteristics:

(1) the need for redevelopment in conjunction with contamination remediation needs;

(2) the redevelopment project meets current tax increment financing requirements
for a redevelopment district and tax increments will contribute to the project;

(3) the redevelopment potential within the municipality;

(4) proximity to public transit if located in the metropolitan area; and

(5) multijurisdictional projects that take into account the need for affordable housing,
transportation, and environmental impact.

(b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the
commissioner may weigh each factor, depending upon the facts and circumstances, as
the commissioner considers appropriate. new text begin The commissioner may consider other factors
that affect the net return of public benefits for completion of the redevelopment plan. The
commissioner, notwithstanding the listing of priorities and the goal of maximizing the
return of public benefits, shall make grants that distribute available money to sites both
within and outside of the metropolitan area. Unless sufficient applications are not received
for qualifying sites outside of the metropolitan area, at least 25 percent of the money
provided as grants must be made for sites located outside of the metropolitan area.
new text end

Sec. 6.

Minnesota Statutes 2006, section 116J.966, subdivision 1, is amended to read:

Subdivision 1.

Generally.

(a) The commissioner shall promote, develop, and
facilitate trade and foreign investment in Minnesota. In furtherance of these goals, and in
addition to the powers granted by section 116J.035, the commissioner may:

(1) locate, develop, and promote international markets for Minnesota products
and services;

(2) arrange and lead trade missions to countries with promising international markets
for Minnesota goods, technology, services, and agricultural products;

(3) promote Minnesota products and services at domestic and international trade
shows;

(4) organize, promote, and present domestic and international trade shows featuring
Minnesota products and services;

(5) host trade delegations and assist foreign traders in contacting appropriate
Minnesota businesses and investments;

(6) develop contacts with Minnesota businesses and gather and provide information
to assist them in locating and communicating with international trading or joint venture
counterparts;

(7) provide information, education, and counseling services to Minnesota businesses
regarding the economic, commercial, legal, and cultural contexts of international trade;

(8) provide Minnesota businesses with international trade leads and information
about the availability and sources of services relating to international trade, such as
export financing, licensing, freight forwarding, international advertising, translation, and
custom brokering;

(9) locate, attract, and promote foreign direct investment and business development
in Minnesota to enhance employment opportunities in Minnesota;

(10) provide foreign businesses and investors desiring to locate facilities in
Minnesota information regarding sources of governmental, legal, real estate, financial, and
business services;

(11) enter into contracts or other agreements with private persons and public entities,
including agreements to establish and maintain offices and other types of representation in
foreign countries, to carry out the purposes of promoting international trade and attracting
investment from foreign countries to Minnesota and to carry out this section, without
regard to section 16C.06; and

(12) market trade-related materials to businesses and organizations, and the proceeds
of which must be placed in a special revolving account and are appropriated to the
commissioner to prepare and distribute trade-related materials.

(b) The programs and activities of the commissioner of employment and economic
development and the Minnesota Trade Division may not duplicate programs and activities
of the commissioner of agriculture.

(c) The commissioner shall notify the chairs of the senate Finance and house Ways
and Means Committees of each agreement under this subdivision to establish and maintain
an office or other type of representation in a foreign country.

new text begin (d) The Minnesota Trade Office shall serve as the state's office of protocol providing
assistance to official visits by foreign government representatives and shall serve as liaison
to the foreign diplomatic corps in Minnesota.
new text end

Sec. 7.

Minnesota Statutes 2006, section 268A.01, subdivision 13, is amended to read:

Subd. 13.

Supported employment.

new text begin (a) new text end "Supported employment" means
employment of a person with a disability so severe that the person needs ongoing training
and support to get and keep a job in which:

(1) the person engages in paid work in a position removed from the service vendor's
site where individuals without disabilities who do not require public subsidies also may
be employed;

(2) public funds are necessary to provide ongoing training and support services
throughout the period of the person's employment; and

(3) the person has the opportunity for social interaction with individuals who do not
have disabilities and who are not paid caregivers.

new text begin (b) If the commissioner has certified a rehabilitation facility setting as integrated,
then employment at that site may be considered supported employment.
new text end

Sec. 8.

Minnesota Statutes 2006, section 268A.01, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Affirmative business enterprise employment. new text end

new text begin "Affirmative business
enterprise employment" means employment which provides paid work on the premises of
an affirmative business enterprise as certified by the commissioner.
new text end

new text begin Affirmative business enterprise employment is considered community employment
for purposes of funding under Minnesota Rules, parts 3300.1000 to 3300.2055, provided
that the wages for individuals reported must be at or above customary wages for the
same employer. The employer must also provide one benefit package that is available to
all employees.
new text end

Sec. 9.

Minnesota Statutes 2006, section 268A.085, subdivision 1, is amended to read:

Subdivision 1.

Appointment; membership.

Every city, town, county, nonprofit
corporation, or combination thereof establishing a rehabilitation facility shall appoint a
rehabilitation facility board of no fewer than deleted text begin nine deleted text end new text begin seven voting new text end members before becoming
eligible for the assistance provided by sections 268A.06 to 268A.15. When any city,
town, or county singly establishes such a rehabilitation facility, the board shall be
appointed by the chief executive officer of the city or the chair of the governing board
of the county or town. When any combination of cities, towns, counties, or nonprofit
corporations establishes a rehabilitation facility, the chief executive officers of the cities,
nonprofit corporations, and the chairs of the governing bodies of the counties or towns
shall appoint the board. If a nonprofit corporation singly establishes a rehabilitation
facility, the corporation shall appoint the board of directors. Membership on a board
shall be representative of the community served and shall include a person with a
disability. deleted text begin One-third to one-half of the board shall be representative of industry or
business. The remaining members should be representative of lay associations for persons
with a disability, labor, the general public, and education, welfare, medical, and health
professions. Nothing in sections 268A.06 to 268A.15 shall be construed to preclude
the appointment of elected or appointed public officials or members of the board of
directors of the sponsoring nonprofit corporation to the board, so long as the representation
described above is preserved. deleted text end If a county establishes an extended employment program
and manages the program with county employees, the governing board shall be the county
board of commissioners, and other provisions of this chapter pertaining to membership on
the governing board do not apply.

Sec. 10.

Minnesota Statutes 2006, section 268A.15, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Integrated setting. new text end

new text begin At the commissioner's discretion, paid work on the
premises of a rehabilitation facility may be certified as an integrated setting after a site
review by the department.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 16C.18, subdivision 2, new text end new text begin is repealed.
new text end