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HF 1088

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 05/13/2011 11:18am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to state government; modifying provisions relating to state agency
responses to natural disasters; amending Minnesota Statutes 2010, sections
12A.05; 12A.06, subdivision 1; 12A.07, subdivisions 1, 2; 12A.09, subdivision
4; 12A.10, by adding a subdivision; 12A.12, subdivisions 2, 3, by adding a
subdivision; 12A.15, by adding a subdivision; 12A.16.

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

Section 1.

Minnesota Statutes 2010, section 12A.05, is amended to read:


12A.05 BOARD OF WATER AND SOIL RESOURCES.

Subdivision 1.

Reinvest in Minnesota (RIM) conservation easements.

The board
may use appropriations to acquire easements from landowners on marginalnew text begin or damagednew text end
lands in the disaster area tonew text begin provide flood attenuation, to restore andnew text end protect soil and water
deleted text begin qualitydeleted text end new text begin resources,new text end and to supportnew text begin relatednew text end fish and wildlife habitat as provided in section
103F.515.

The board may use deleted text begin an appropriationdeleted text end new text begin appropriationsnew text end , as provided in law, to implement
the program.

Subd. 2.

Erosiondeleted text begin ,deleted text end new text begin andnew text end sedimentnew text begin controlnew text end , deleted text begin anddeleted text end water quality deleted text begin control cost-share
program
deleted text end new text begin and watershed protection projectsnew text end .

The board maynew text begin establish a disaster
recovery program and
new text end use appropriations to install, repair, or rehabilitate erosion and
sediment controlnew text begin and water quality and watershed protectionnew text end projects in the disaster area
deleted text begin to protect soil and water quality and to support fish and wildlife habitatdeleted text end .

The board may use deleted text begin an appropriationdeleted text end new text begin appropriationsnew text end , as provided in law, to implement
thenew text begin disaster recoverynew text end programnew text begin and to address critical conservation problems resulting
from the disaster that are funded in whole or in part with state sources, to the extent that
combined federal and state funding does not exceed 100 percent
new text end .

Subd. 3.

Waiversnew text begin and extensionsnew text end authorized.

The board may waive the provisions
of Minnesota Rules, chapter 8400, in the disaster area on land damaged by the disaster.
deleted text begin The waiver applies to all existing and future contracts to address critical conservation
problems resulting from the disaster that are funded in whole or in part with state money,
to the extent that combined federal and state funding does not exceed 100 percent.
deleted text end All
existing deleted text begin state cost-sharedeleted text end grant agreements in the disaster area deleted text begin aredeleted text end new text begin may benew text end extendeddeleted text begin , as
provided in law
deleted text end new text begin for up to two yearsnew text end .

Sec. 2.

Minnesota Statutes 2010, section 12A.06, subdivision 1, is amended to read:


Subdivision 1.

Disaster enrollment impact aid.

The commissioner may pay
disaster enrollment impact aid to a school district in an amount set in law times the
number of deleted text begin pupilsdeleted text end new text begin adjusted pupil unitsnew text end lost as a result of the disaster. An eligible district
must provide to the commissioner documentation of the number of pupils in average daily
membership lostnew text begin by grade levelnew text end as a result of the disaster.

Sec. 3.

Minnesota Statutes 2010, section 12A.07, subdivision 1, is amended to read:


Subdivision 1.

Minnesota investment fund.

The commissioner may use state
appropriations for grants to local units of government for locally administered grants or
loan programs as provided in this section for assistance to eligible organizations directly
and adversely affected by the disaster.new text begin Funds may be used only to address physical
damage to buildings and such personal property as machinery, equipment, fixtures, and
furniture. A loan may not duplicate or replace equivalent assistance available from
insurance, other organizations, or government agencies.
new text end

Sec. 4.

Minnesota Statutes 2010, section 12A.07, subdivision 2, is amended to read:


Subd. 2.

Assistance.

Criteria and requirements must be locally established with
the approval of the commissioner. Local plans must specify the type of assistance to
be provided to eligible organizations. Within the limits of the available grant amounts,
assistance may be provided as loans with or without interest and as forgivable loans. The
criteria must, at a minimum, specify that an organization receiving a forgivable loan
must remain in the local community a minimum of deleted text begin tendeleted text end new text begin fivenew text end years after the date of the
loannew text begin , after which the amount of loan forgiveness must follow a schedule provided by
the commissioner for an additional five years
new text end . Loans made under this section must not
be used to refinance debt that existed on the date of the disaster. Repayment of loan
amounts is made to the local community.

Sec. 5.

Minnesota Statutes 2010, section 12A.09, subdivision 4, is amended to read:


Subd. 4.

Waivers authorized.

For assistance under subdivision 2, the requirements
of section 462A.33, subdivision 3, and Minnesota Rules, parts 4900.3632 and 4900.3634,
deleted text begin subdivisiondeleted text end new text begin subpartnew text end 4, are waived.

Sec. 6.

Minnesota Statutes 2010, section 12A.10, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Nursing home bed layaway. new text end

new text begin In consultation with the commissioner of
human services, the commissioner of health may waive timelines specified in section
144A.071, subdivision 4b, at any time when a partial or complete evacuation occurs in
response to a natural disaster, a possible natural disaster, or another event that threatens
the health and safety of residents of a nursing home. For a nursing home placing beds
in or removing them from layaway under this subdivision, property payment rates must
not be adjusted.
new text end

Sec. 7.

Minnesota Statutes 2010, section 12A.12, subdivision 2, is amended to read:


Subd. 2.

Flood hazard mitigation grants.

The commissioner may use state
appropriations for the state's share of flood hazard mitigation grants for capital
improvements to prevent or alleviate flood damage under section 103F.161 in the disaster
area. The commissioner shall determine project priorities, as appropriate, based on need.
deleted text begin These funds may also be used to buy out substantially damaged structures.
deleted text end

To the extent that the cost of a project funded under this subdivision in a given
municipality exceeds two percent of the median household income in the municipality,
multiplied by the number of households in the municipality, the commissioner may also
use the appropriation for the local share of the project.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from October 19, 2010.
new text end

Sec. 8.

Minnesota Statutes 2010, section 12A.12, subdivision 3, is amended to read:


Subd. 3.

Debris removal; deleted text begin lakes and streamsdeleted text end new text begin public watersnew text end .

The commissioner
may use appropriations for deleted text begin grants to remove debris attributable to the disaster from lakes
and streams
deleted text end new text begin expenditures in the disaster area, including removing flood debris from public
waters and installing and repairing flood warning gauges
new text end .

Sec. 9.

Minnesota Statutes 2010, section 12A.12, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Dam renovation and removal. new text end

new text begin The commissioner may use
appropriations to provide cost share for renovating or removing publicly owned dams in
the disaster area under sections 103G.511 and 103G.515.
new text end

Sec. 10.

Minnesota Statutes 2010, section 12A.15, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Long-term recovery assistance. new text end

new text begin The commissioner may use
appropriations to provide technical assistance to local jurisdictions or to make grants to
counties, regional consortia, and nonprofit organizations working in the disaster area to
provide assistance in coordinating long-term recovery activities related to the disaster.
new text end

Sec. 11.

Minnesota Statutes 2010, section 12A.16, is amended to read:


12A.16 TRANSPORTATION.

Subdivision 1.

new text begin Transportation infrastructure new text end operation and maintenance.

The
commissioner may use appropriations from the trunk highway fund for transportation
infrastructure operation and maintenance related to a disaster.

new text begin Subd. 1a. new text end

new text begin Emergency relief account in trunk highway fund. new text end

new text begin The commissioner
may use appropriations from the emergency relief account in the trunk highway fund for
infrastructure repair, maintenance, and operation related to a disaster.
new text end

Subd. 2.

State deleted text begin trunkdeleted text end highway and bridge deleted text begin damagedeleted text end new text begin reconstruction and repairnew text end .

The commissioner is responsible to reconstruct and repair trunk highways and trunk
highway bridges located in the disaster area and damaged by the disaster.

Subd. 3.

Local road and bridge deleted text begin damagedeleted text end new text begin reconstruction and replacementnew text end .

The commissioner may make grants to local governments for the capital costs of
new text begin repairing, new text end reconstructing deleted text begin anddeleted text end new text begin , ornew text end replacing local roads and bridgesnew text begin , including necessary
demolition and design costs,
new text end damaged or destroyed by the disaster.new text begin Grants may also
be used for reasonable costs to mitigate damage from future disasters when to do so is
part of a project to repair, reconstruct, or replace infrastructure damaged in the disaster.
new text end
Before the commissioner releases grant money, a grantee must submit final plans to the
commissioner for each project under this subdivision. The commissioner must determine
project priorities, review project plans in light of those priorities, and, if necessary, require
changes to the project plans to ensure the most prudent use of limited state resources.

Subd. 4.

Local guidelines.

The commissioner, in consultation with the
commissioner of public safety, must develop guidelines for local governments to use to
respond to natural disasters in order to maximize the use of federal disaster assistance.
The guidelines must address the use of local employees and equipment and contracted
employees and equipment in the disaster response and the relative eligibility for federal
reimbursementnew text begin and clarify agency roles and responsibilities for damage estimates used for
developing emergency state appropriations
new text end .

Subd. 5.

Waivers authorized.

The requirements of section 174.50, subdivisions 5,
6, 6a, and 7, are waived for grants under subdivision 3.

Sec. 12. new text begin FLOOD DAMAGE ASSISTANCE FOR HAMMOND AND ZUMBRO
FALLS.
new text end

new text begin Unspent general funds that are transferred to the commissioner of natural resources
from Laws 2010, Second Special Session chapter 1, are available to be disbursed as grants
to the cities of Hammond and Zumbro Falls for payment of a portion of outstanding
water and sewer infrastructure municipal bond debt, not to exceed the proportion of the
outstanding debt represented by the percentage of taxable building structures that were
bought out through the flood hazard mitigation program under Laws 2010, Second Special
Session chapter 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