HF 1073

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2011 10:26am

A bill for an act
relating to natural resources; establishing Legislative Environment Commission;
eliminating Lessard-Sams Outdoor Heritage Council, Clean Water Council, and
Legislative-Citizen Commission on Minnesota Resources; eliminating water
system improvement loan program; modifying appropriations from outdoor
heritage fund; providing appointments; amending Minnesota Statutes 2010,
sections 4.071, subdivision 2; 10A.01, subdivision 35; 89.022, subdivision
2; 97A.056, subdivisions 1, 6, 8, 9; 290.431; 290.432; proposing coding for
new law in Minnesota Statutes, chapter 3; repealing Minnesota Statutes 2010,
sections 97A.056, subdivisions 2, 3, 4, 5, 7; 114D.15, subdivision 3; 114D.30,
subdivisions 1, 2, 3, 4, 7; 116P.05; 116P.07; 116P.08, subdivisions 3, 4, 5, 6, 7;
116P.09; 116P.12; 116Q.02, subdivision 2.

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

Section 1.

new text begin [3.9791] LEGISLATIVE ENVIRONMENT COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Creation. new text end

new text begin (a) The Legislative Environment Commission is
established, consisting of:
new text end

new text begin (1) three members of the senate appointed by the Subcommittee on Committees of
the senate Committee on Rules and Administration;
new text end

new text begin (2) three members of the senate appointed by the senate minority leader;
new text end

new text begin (3) three members of the house of representatives appointed by the speaker of the
house; and
new text end

new text begin (4) three members of the house of representatives appointed by the house of
representatives minority leader.
new text end

new text begin (b) Members shall serve until replaced or until they are not members of the
legislative body from which they were appointed. Appointing authorities shall fill
vacancies on the commission within 30 days of a vacancy being created. In making
appointments, the appointing authorities must attempt to provide for geographic balance.
new text end

new text begin (c) The first meeting of the commission shall be convened by the chair of the
Legislative Coordinating Commission no later than January 15, 2012, and members shall
elect a chair and vice-chair. Thereafter, the commission shall meet in January of each
odd-numbered year to elect its chair and vice-chair. Members shall serve until successors
are elected. The chair and vice-chair shall alternate biennially between the senate and the
house of representatives. The commission shall meet at the call of the chair. The members
shall serve without compensation, but be reimbursed for their reasonable expenses as
members of the legislature. The commission may exercise the powers prescribed by
section 3.153.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The Legislative Environment Commission shall:
new text end

new text begin (1) review and make recommendations to the legislature on the state's environment
and natural resources policies and goals;
new text end

new text begin (2) make recommendations to the legislature on appropriations of money from the
outdoor heritage fund, clean water fund, environment and natural resources trust fund,
state land and water conservation account in the natural resources fund, and Great Lakes
protection fund;
new text end

new text begin (3) ensure the commission's recommendations are consistent with the goals of
existing natural resource plans, including the Minnesota Statewide Conservation and
Preservation Plan, the Minnesota Water Sustainability Framework, and the 25-year
long-range framework developed for the outdoor heritage fund; and
new text end

new text begin (4) establish benchmarks and other mechanisms to measure the results of the
expenditures from the funds and evaluate those results.
new text end

new text begin Subd. 3. new text end

new text begin Staff; administrative expenses. new text end

new text begin The commission may employ
professional and technical assistants as it deems necessary to perform the duties
prescribed in this section. Up to one-half of one percent of the amount appropriated in the
biennium from each of the funds identified in subdivision 2, clause (2), may be used to
pay for administrative expenses of the commission and for compensation and expense
reimbursement of commission members.
new text end

Sec. 2.

Minnesota Statutes 2010, section 4.071, subdivision 2, is amended to read:

Subd. 2.

Minnesota resources projects.

The legislature intends to appropriate
one-half of the oil overcharge money for projects that have been reviewed and
recommended by the Legislative-Citizen Commission on Minnesota Resources new text begin or its
successor new text end . deleted text begin A work plan must be prepared for each proposed project for review by the
commission. The commission must recommend specific projects to the legislature.
deleted text end

Sec. 3.

Minnesota Statutes 2010, 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, chief clerk of the house of representatives, revisor of statutes, or researcher,
legislative analyst, or attorney in the Office of Senate Counsel and Research or House
Research;

(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 Higher 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) deleted text begin citizen member of the Legislative-Citizen Commission on Minnesota Resources;
deleted text end

deleted text begin (20) deleted text end manager of a watershed district, or member of a watershed management
organization as defined under section 103B.205, subdivision 13;

deleted text begin (21) deleted text end new text begin (20) new text end supervisor of a soil and water conservation district; new text begin or
new text end

deleted text begin (22) deleted text end new text begin (21) new text end director of Explore Minnesota Tourism deleted text begin ; or
deleted text end

deleted text begin (23) citizen member of the Lessard-Sams Outdoor Heritage Council established
in section 97A.056 deleted text end .

Sec. 4.

Minnesota Statutes 2010, section 89.022, subdivision 2, is amended to read:

Subd. 2.

Exemption.

The commissioner of natural resources may apply to the
deleted text begin Legislative-Citizen Commission on Minnesota Resources deleted text end new text begin Minnesota Land Exchange
Board new text end for an exemption from the exchange or sale requirements of subdivision 1 in
instances where it can be demonstrated that unique recreational, historical or scientific
values would be destroyed by the exchange or sale of tillable land or a farm homestead.
Exemptions shall be decided by the commission on an individual basis. If the application
for exemption is not decided by the commission within 90 days, the application shall
be deemed to have been denied.

Sec. 5.

Minnesota Statutes 2010, section 97A.056, subdivision 1, is amended to read:

Subdivision 1.

Outdoor heritage fund.

An outdoor heritage fund, under article XI,
section 15, of the Minnesota Constitution, is established as an account in the state treasury.
All money earned by the outdoor heritage fund must be credited to the fund. deleted text begin At least 99
percent of deleted text end The money appropriated from the fund must be expended to restore, protect,
and enhance wetlands, prairies, forests, and habitat for fish, game, and wildlife.

Sec. 6.

Minnesota Statutes 2010, section 97A.056, subdivision 6, is amended to read:

Subd. 6.

Audit.

The legislative auditor shall audit the outdoor heritage fund
expenditures deleted text begin , including administrative and staffing expenditures, deleted text end every two years to
ensure that the money is spent to restore, protect, and enhance wetlands, prairies, forests,
and habitat for fish, game, and wildlife.

Sec. 7.

Minnesota Statutes 2010, section 97A.056, subdivision 8, is amended to read:

Subd. 8.

Revenues.

When a parcel of land that was previously purchased with
outdoor heritage funds is transferred to the state, the owner of the land shall disclose to the
deleted text begin council deleted text end new text begin Legislative Environment Commission new text end and commissioner of natural resources:

(1) all revenues generated from activities on the land from the time the land was
purchased with outdoor heritage funds until the land was transferred to the state;

(2) all holding costs associated with managing the land between the time of purchase
with outdoor heritage funds and the time the land was transferred to the state; and

(3) the total net revenues as determined by subtracting the costs described in clause
(2) from the revenues described in clause (1).

Sec. 8.

Minnesota Statutes 2010, section 97A.056, subdivision 9, is amended to read:

Subd. 9.

Lands in public domain.

Money appropriated from the outdoor heritage
fund shall not be used to purchase any land in fee title or a permanent conservation
easement if the land in question is fully or partially owned by the state of Minnesota
or a political subdivision of the state, unless deleted text begin : (1) deleted text end the purchase creates additional direct
benefit to protect, restore, or enhance the state's wetlands, prairies, forests, or habitat
for fish, game, and wildlife deleted text begin ; and (2) the purchase is approved by an affirmative vote of
at least nine members of the council. At least 15 business days prior to a decision under
this subdivision, the council shall submit the planned decision item to the Legislative
Coordinating Commission. The planned decision item takes effect 15 business days
after it is submitted by the council deleted text end .

Sec. 9.

Minnesota Statutes 2010, section 290.431, is amended to read:

290.431 NONGAME WILDLIFE CHECKOFF.

Every individual who files an income tax return or property tax refund claim form
may designate on their original return that $1 or more shall be added to the tax or deducted
from the refund that would otherwise be payable by or to that individual and paid into an
account to be established for the management of nongame wildlife. The commissioner
of revenue shall, on the income tax return and the property tax refund claim form, notify
filers of their right to designate that a portion of their tax or refund shall be paid into the
nongame wildlife management account. The sum of the amounts so designated to be paid
shall be credited to the nongame wildlife management account for use by the nongame
program in the Department of Natural Resources. All interest earned on money accrued,
gifts to the program, contributions to the program, and reimbursements of expenditures
in the nongame wildlife management account shall be credited to the account by the
commissioner of management and budget, except that gifts or contributions received
directly by the commissioner of natural resources and directed by the contributor for
use in specific nongame field projects or geographic areas shall be handled according to
section 84.085, subdivision 1. deleted text begin The commissioner of natural resources shall submit a work
program for each fiscal year and semiannual progress reports to the Legislative-Citizen
Commission on Minnesota Resources in the form determined by the commission.
deleted text end

The state pledges and agrees with all contributors to the nongame wildlife
management account to use the funds contributed solely for the management of nongame
wildlife projects and further agrees that it will not impose additional conditions or
restrictions that will limit or otherwise restrict the ability of the commissioner of natural
resources to use the available funds for the most efficient and effective management of
nongame wildlife. The commissioner may use funds appropriated for nongame wildlife
programs for the purpose of developing, preserving, restoring, and maintaining wintering
habitat for neotropical migrant birds in Latin America and the Caribbean under agreement
or contract with any nonprofit organization dedicated to the construction, maintenance, and
repair of such projects that are acceptable to the governmental agency having jurisdiction
over the land and water affected by the projects. Under this authority, the commissioner
may execute agreements and contracts if the commissioner determines that the use of the
funds will benefit neotropical migrant birds that breed in or migrate through the state.

Sec. 10.

Minnesota Statutes 2010, section 290.432, is amended to read:

290.432 CORPORATE NONGAME WILDLIFE CHECKOFF.

A corporation that files an income tax return may designate on its original return that
$1 or more shall be added to the tax or deducted from the refund that would otherwise
be payable by or to that corporation and paid into the nongame wildlife management
account established by section 290.431 for use by the Department of Natural Resources
for its nongame wildlife program. The commissioner of revenue shall, on the corporate
tax return, notify filers of their right to designate that a portion of their tax return be paid
into the nongame wildlife management account for the protection of endangered natural
resources. All interest earned on money accrued, gifts to the program, contributions to
the program, and reimbursements of expenditures in the nongame wildlife management
account shall be credited to the account by the commissioner of management and budget,
except that gifts or contributions received directly by the commissioner of natural
resources and directed by the contributor for use in specific nongame field projects or
geographic areas shall be handled according to section 84.085, subdivision 1. deleted text begin The
commissioner of natural resources shall submit a work program for each fiscal year to
the Legislative-Citizen Commission on Minnesota Resources in the form determined
by the commission.
deleted text end

The state pledges and agrees with all corporate contributors to the nongame wildlife
account to use the funds contributed solely for the nongame wildlife program and further
agrees that it will not impose additional conditions or restrictions that will limit or
otherwise restrict the ability of the commissioner of natural resources to use the available
funds for the most efficient and effective management of those programs.

Sec. 11. new text begin STAFF TRANSITION PLAN.
new text end

new text begin The Legislative Coordinating Commission shall prepare and submit a plan to the
legislature on the staffing of the Legislative Environment Commission and the transition
of staff of the Lessard-Sams Outdoor Heritage Council and the Legislative-Citizen
Commission on Minnesota Resources by January 15, 2012.
new text end

Sec. 12. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall change the term "Clean Water Council," or "council"
when referring thereto, to "Legislative Environment Commission," or "commission"
wherever it appears in Minnesota Statutes.
new text end

new text begin (b) The revisor of statutes shall change the term "Legislative-Citizen Commission
on Minnesota Resources" to "Legislative Environment Commission" wherever it appears
in Minnesota Statutes.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 97A.056, subdivisions 2, 3, 4, 5, and 7; 114D.15,
subdivision 3; 114D.30, subdivisions 1, 2, 3, 4, and 7; 116P.05; 116P.07; 116P.08,
subdivisions 3, 4, 5, 6, and 7; 116P.09; 116P.12; and 116Q.02, subdivision 2, new text end new text begin are repealed.
new text end

Sec. 14. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 14 are effective June 30, 2011.
new text end